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ILR - Letter from company - Parent/subsidiary confusion

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

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sap111
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ILR - Letter from company - Parent/subsidiary confusion

Post by sap111 » Wed Sep 04, 2019 5:44 pm

I am working on a Tier-2 General Visa in company X. But my Visa is sponsored by company Y which is parent company of X. I worked there over 5 years but my salary is below 35,800 so I am unable to apply for ILR.

So I found a new job at company P which does not have a sponsorship license but its parent company Q has a license. I am sure I will will able to work at company P if Q sponsors my Visa as I had exactly the same situation in company X and Y.

Now for ILR I need to get a letter from my employer stating that I work there and they need me for a long term, bla bla bla and I need a salary slip.
1. Will I need to get a letter from the parent company Q as my Visa will be sponsored by them?
2. Or is it ok to get the letter from P which is the subsidiary and in the letter they have to mention that they are a subsidiary of Q?

They new company does not have good knowledge of this thing and they have asked me to find the details.
Could someone be able to help me with this situation?

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zimba
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Re: ILR - Letter from company - Parent/subsidiary confusion

Post by zimba » Wed Sep 04, 2019 8:43 pm

Under the Tier 2 rules, you are expected to work for your sponsor directly unless the sponsor's license mention any branches of such company you will work for.

Can a licence reflect the structure of my organisation?
5. If you have a number of different offices, UK based subsidiaries or entities, locations or campuses, which we call ‘branches’ in this guidance, you can register in a number of ways, including by:

• applying for a single licence that includes your head office and all branches in the UK
• each branch applying for a separate licence
• grouping a number of branches in a single licence, such as a large UK wide company might find it more convenient to register all of its operations in a particular region under a single licence
See Sponsor’s structure in sponsor's guide: https://assets.publishing.service.gov.u ... dendum.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sap111
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India

Re: ILR - Letter from company - Parent/subsidiary confusion

Post by sap111 » Thu Sep 05, 2019 4:05 pm

Ok thanks!

My current company is quite large and used immigration lawyers when applying for Visa. So surely the subsidiary must have been included in the parents license.

I will make sure that is the case for the new employer and its parent.

Thanks!

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aby00156
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Re: ILR - Letter from company - Parent/subsidiary confusion

Post by aby00156 » Thu Sep 05, 2019 4:11 pm

I had a similar situation. I got a letter signed by the sponsor referencing the payslip and the other company.
The letter was as follows :
Dear [ ]

Ref: Your Name

I write with reference to our above employee, with payslip reference [ ] and bank account number [ ].

I can confirm that this individual is employed by COMPANY Y which is a 100% subsidiary of the parent company COMPANY X. As such, this individual, therefore, works for a company which is fully owned by COMPANY X

I trust this is satisfactory, but should you have any further queries please do not hesitate to get in touch.

Yours sincerely
Hope this helps.
So verily, with every difficulty, there is relief.

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zimba
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Re: ILR - Letter from company - Parent/subsidiary confusion

Post by zimba » Thu Sep 05, 2019 4:58 pm

sap111 wrote:
Thu Sep 05, 2019 4:05 pm
Ok thanks!

My current company is quite large and used immigration lawyers when applying for Visa. So surely the subsidiary must have been included in the parents license.

I will make sure that is the case for the new employer and its parent.

Thanks!
Unfortunately some immigration lawyers are clueless about the rules I am afraid. We have seen a lot of it over the years here. Getting good advice from immigration lawyers could be a hit or miss situation
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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