Employer letter, who should it be addressed to

[rennyp]

Hi,

I've been reading the rules and I'm confused about my situation. Any help would be great.

Initially given Tier 2 in Aug 2013 and looking to apply for ILR in August 2018.

However, I was made redundant from my first role on Jan 13 2015, I managed to get a new employer and applied for a new Tier 2 on Feb 12 2015. I didn't get this approved until April 21.2015. At the time, I wasn't worried as there was a 60 day rule and I had applied within the 60 days.

I'm just looking at the SET 0 form and it says:

If you have had a gap between periods of valid leave, your leave will only be considered to be
continuous if the late application was submitted:
• before 24 November 2016 and no more than 28 days after your previous leave expired


Does that mean I'll be refused as the 60 day rule is now 28 days and I applied 30 days after?

Any help would be appreciated.

Thanks,

[CR001]

There is no longer a '60 days employment gap rule'.

What you have quoted refers to applications made AFTER a visa has expired.

[rennyp]

So I do not qualify for ILR? What does that mean for my application?

[CR001]

Did I say that you don't qualify???

Did you apply for a new visa after your last visa expired?? Your post and circumstances are not clear in what you have stated.

Does that mean I'll be refused as the 60 day rule is now 28 days and I applied 30 days after?

You seem to be confusing things completely. Explain exactly what you mean in the above? What '60 day rule' are you referring to?

[rennyp]

Apologies, I'm just confused.

Date tier 2 visa granted for Company A- 21.08.2013
Date employment finished with Company A- 13.01.2015
Date Tier 2 application made (postal) for Company b- 12.02.2015
Date Tier 2 visa received for Company b- 21.04.2015

I want to apply for ILR in August 2018. I wanted to see if the gap between Company A and company B means I'm not valid.

Thanks

[CR001]

You are confusing what you have quoted from the guidance notes. What you have quoted refers to applying within 28 days after VISA EXPIRY.

It has nothing to do with employment/sponsor gap. There is no longer a restriction of 60 days employment gap to disqualify you from ILR. It has been removed from the immigration rules.

[rennyp]

Thank you. I guess I assumed that my being made redundant meant that my previous visa expired on January 13 and the new application on February 12 was more than 28 days after that visa expired. I did not leave the country though so there was no absence in the UK.

[CR001]

No it did not 'automatically expire'.

[rennyp]

I am applying for my ILR in two weeks via premium appointment. During my 5 years, I've hads 3 employers and have always been above the threshold for my SOC code. When I joined my current employer, my salary was 45k but in January I got promoted and it moved to 51k. Would such a spike draw suspicion from UKBA? My previous salary was above the 35.5k threshold anyway and I can provide my promotion letter as evidence so I'm hoping not but it seems any spike is picked up on?

[CR001]

I am applying for my ILR in two weeks via premium appointment. During my 5 years, I've hads 3 employers and have always been above the threshold for my SOC code. When I joined my current employer, my salary was 45k but in January I got promoted and it moved to 51k. Would such a spike draw suspicion from UKBA? My previous salary was above the 35.5k threshold anyway and I can provide my promotion letter as evidence so I'm hoping not but it seems any spike is picked up on?

Was the promotion a change in SOC??

Was everything to do with this promotion reported on the SMS system and followed the correct procedures as set out by HO??

[rennyp]

There was no change in SOC code but the change in salary was recorded on SMS by employer (I hope, I did remind them to do so when I was receiving the promotion)

[CR001]

Should be fine then.

[rennyp]

Hi,

My employer has been all over the place as HR is severely understaffed at the moment. They haven't included the UKVI address and I have my premium appointment in a few days. Does the letter need to be addressed directly to UKVI?

[CR001]

Hi,

My employer has been all over the place as HR is severely understaffed at the moment. They haven't included the UKVI address and I have my premium appointment in a few days. Does the letter need to be addressed directly to UKVI?

Home Office or To Whom It May Concern.