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Company's threat with IRL renew

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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aplinhar
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Company's threat with IRL renew

Post by aplinhar » Fri Nov 23, 2018 10:58 am

Hello,

I have been brought to the UK by my company a few years ago under Tier 2 General. Now, it's time to proceed with the IRL and they are forcing me to sign a documment saying I can't leave before 3 years.

Is this legal?

Don't get me wrong...I am not ungrateful, but that binds me to the company and I won't have any leverage to get raises or change position after I sign this. The company doesn't pay well enough for most Tier 2 (including mine) they had/have and the job is really stressful….would be nice to have the choice of moving to another position.

Thanks in advance.

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cyclina1
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Re: Company's threat with IRL renew

Post by cyclina1 » Fri Nov 23, 2018 11:18 am

the maximum of tier 2 in the UK is 6 years after the date of your first tier 2 visa issued. So if you can find the other sponsor you can change your job for sure.

Or alternatively, if you don't want to change the job, you can negotiate your contract with your current employer, eg. guaranteed minimum salary increase each year, promotion etc...

Unfortunately this is not illegal because the contract usually termed you can resign but need to pay your employer if resign earlier than the contract finishes, and also you can choose not to sign it.

And a letter from the employer that you will be required in foreseeable future is essential for ILR, unfortunately.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
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Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Company's threat with IRL renew

Post by cyclina1 » Fri Nov 23, 2018 11:25 am

However if your current contract is open-ended, this may not be essential.

indefinite-leave-to-remain/foreseeable- ... 45487.html
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: Company's threat with IRL renew

Post by CR001 » Fri Nov 23, 2018 11:38 am

The company doesn't pay well enough for most Tier 2 (including mine) they had/have and the job is really stressful
Do you meet the minimum income requirement for ILR??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

aplinhar
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Re: Company's threat with IRL renew

Post by aplinhar » Fri Nov 23, 2018 11:51 am

CR001 wrote:
Fri Nov 23, 2018 11:38 am
The company doesn't pay well enough for most Tier 2 (including mine) they had/have and the job is really stressful
Do you meet the minimum income requirement for ILR??
Yes, I do.

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CR001
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Re: Company's threat with IRL renew

Post by CR001 » Fri Nov 23, 2018 11:59 am

Unfortunately, if you choose to stay with your current employer and that is what they are asking you to sign, there isn't much you can do and is outside of the scope of immigration rules and processes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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