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ILR date

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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Msingh2020
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ILR maintenance and employment letter

Post by Msingh2020 » Fri Sep 18, 2020 6:15 pm

Hi,

I am eligible to apply for ILR next month, but I have got couple of questions. Can someone please answer my following questions:

Do I have to show maintenance funds for my ILR, I am currently on tier 2 general Visa?

I know for ILR I require employer letter. Can someone please share a template of employer letter if not what things it needs to include

Can someone also please share template of approved holiday letter. Do I just need to ask the employer to write a letter that all holidays taken were approved and paid for or does the employer also needs to mention my travel to India (personal travel in Christmas holidays) or holidays taken in UK. Does he has to mention countries or places in uk I travelled on my approved holidays?

Finally my is my dependent and is not due for ILR for another 4 months. If I get ILR can she stay on tier 2 dependent Visa and when she completes her 5 years she can apply for ILR. Do I also need to show maintenance for her?

I will be really grateful if someone can please help me as I need to get everything from my employer in next couple of weeks.

Thanks,
Manj

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CULLINAN
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Re: ILR maintenance and employment letter

Post by CULLINAN » Fri Sep 18, 2020 8:23 pm

Do I have to show maintenance funds for my ILR, I am currently on tier 2 general Visa?
No
I know for ILR I require employer letter. Can someone please share a template of employer letter if not what things it needs to include
Page 69

https://assets.publishing.service.gov.u ... idance.pdf
Finally my is my dependent and is not due for ILR for another 4 months. If I get ILR can she stay on tier 2 dependent Visa and when she completes her 5 years she can apply for ILR. Do I also need to show maintenance for her?
Yes if you get your ILR via Tier 2 G route. No maintenance needed.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Msingh2020
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Re: ILR maintenance and employment letter

Post by Msingh2020 » Sat Sep 19, 2020 4:40 pm

Many thanks for your reply, I have read page 69 but still confuse. In the absence letter does my employer only need to mention my travel outside the UK , my travels have only been to India which were personal travels, so does he needs to write travel to india or just need to write that personal annual paid holidays with dates without any final destinations.

One other thing does my employer need to mention working days?

Regards,
Manj

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Re: ILR maintenance and employment letter

Post by CULLINAN » Sat Sep 19, 2020 4:43 pm

Msingh2020 wrote:
Sat Sep 19, 2020 4:40 pm
Many thanks for your reply, I have read page 69 but still confuse. In the absence letter does my employer only need to mention my travel outside the UK , my travels have only been to India which were personal travels, so does he needs to write travel to india or just need to write that personal annual paid holidays with dates without any final destinations.

One other thing does my employer need to mention working days?

Regards,
Manj
I am unaware about the exact employer letter details. However, there is plenty information on this board. If you search you will get answers.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Re: ILR maintenance and employment letter

Post by Msingh2020 » Sat Sep 19, 2020 4:50 pm

Okay I will search employment letters on this board .

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Re: ILR maintenance and employment letter

Post by CULLINAN » Sat Sep 19, 2020 4:51 pm

I think this is correct but search the forum:
just need to write that personal annual paid holidays with dates without any final destinations.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Re: ILR maintenance and employment letter

Post by Msingh2020 » Sat Sep 19, 2020 5:07 pm

CULLINAN wrote:
Sat Sep 19, 2020 4:51 pm
I think this is correct but search the forum:
just need to write that personal annual paid holidays with dates without any final destinations.
Many thanks. I am struggling to find the information on this website. Can someone also please share your views about absence letter

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Re: ILR maintenance and employment letter

Post by CR001 » Sat Sep 19, 2020 5:17 pm

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.

Msingh2020
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Re: ILR maintenance and employment letter

Post by Msingh2020 » Tue Sep 22, 2020 2:40 pm

Many thanks for sharing the letter. I have asked my hr to issue me the letter although I do have a problem now, my hr only has holiday records for past two years as they had a server failure and lost old data.

My question is now that no one know the exact dates when I took my annual holidays, so what are we supposed to be writing in the letter now.

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Re: ILR maintenance and employment letter

Post by srsw » Tue Sep 22, 2020 11:43 pm


Many thanks for sharing the letter. I have asked my hr to issue me the letter although I do have a problem now, my hr only has holiday records for past two years as they had a server failure and lost old data.

My question is now that no one know the exact dates when I took my annual holidays, so what are we supposed to be writing in the letter now.
Do you have any emails when your leaves got approved or what about your work calendar in which you might have added your leaves? Most importantly, your IT team doesn't have backups of the data?
My advice is based on personal research/experience, so pls check relevant UKVI sources.

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ILR date

Post by Msingh2020 » Mon Oct 05, 2020 7:42 pm

Can someone please help me with my eligibility for ILR.

My first entry clearance visa that was issue was cancelled without prejudice valid from 06/10/15 valid until 05/11/15.

I then had another clearance visa valid from 22/11/15 valid until 22/11/15.

I arrived UK on 26/11/2015.

My first BRP card was valid from 07-10-2015 to 30-12-2019.

I then had an extension in 2019.

Can someone please advise me when I finish my 5 years or when am I eligible to apply for ILR. Is it:

Option 1: (06/10/2020) even though my first entry clearance was issued without prejudice

Option 2: (22/11/2020) entry clearance visa

Option 3: (26/11/2020) from arrival in uk

I will be really grateful if someone can get back to me.

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Re: ILR date

Post by CR001 » Mon Oct 05, 2020 7:49 pm

Please do not post ILR questions in the tier 2 sub forum. Keep all your questions in your existing topic!! Topics merged.
Char (CR001 not Casa)
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Re: ILR date

Post by Msingh2020 » Mon Oct 05, 2020 7:52 pm

CR001 wrote:
Mon Oct 05, 2020 7:49 pm
Please do not post ILR questions in the tier 2 sub forum. Keep all your questions in your existing topic!! Topics merged.
Sorry CR001 I wasn't sure where to post do you want me to post it in ILR section.

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Re: ILR date

Post by seagul » Mon Oct 05, 2020 8:09 pm

Msingh2020 wrote:
Mon Oct 05, 2020 7:42 pm
Can someone please help me with my eligibility for ILR.

My first entry clearance visa that was issue was cancelled without prejudice valid from 06/10/15 valid until 05/11/15.

I then had another clearance visa valid from 22/11/15 valid until 22/11/15.

I arrived UK on 26/11/2015.

My first BRP card was valid from 07-10-2015 to 30-12-2019.

I then had an extension in 2019.

Can someone please advise me when I finish my 5 years or when am I eligible to apply for ILR. Is it:

Option 1: (06/10/2020) even though my first entry clearance was issued without prejudice

Option 2: (22/11/2020) entry clearance visa

Option 3: (26/11/2020) from arrival in uk

I will be really grateful if someone can get back to me.
With a sense of realism, whenever one date will have to choose from multiple over an immigration matter, then preferably only the one ending at relatively later should be chosen (if the expiry date of present visa allows that)
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: ILR date

Post by Msingh2020 » Mon Oct 05, 2020 8:41 pm

seagul wrote:
Mon Oct 05, 2020 8:09 pm
Msingh2020 wrote:
Mon Oct 05, 2020 7:42 pm
Can someone please help me with my eligibility for ILR.

My first entry clearance visa that was issue was cancelled without prejudice valid from 06/10/15 valid until 05/11/15.

I then had another clearance visa valid from 22/11/15 valid until 22/11/15.

I arrived UK on 26/11/2015.

My first BRP card was valid from 07-10-2015 to 30-12-2019.

I then had an extension in 2019.

Can someone please advise me when I finish my 5 years or when am I eligible to apply for ILR. Is it:

Option 1: (06/10/2020) even though my first entry clearance was issued without prejudice

Option 2: (22/11/2020) entry clearance visa

Option 3: (26/11/2020) from arrival in uk

I will be really grateful if someone can get back to me.
With a sense of realism, whenever one date will have to choose from multiple over an immigration matter, then preferably only the one ending at relatively later should be chosen (if the expiry date of present visa allows that)

Many thanks for your reply and yes I would be happy to wait till 28/10/2020 , but I was thinking to go to India over Christmas holidays.

I can apply on 28th of this month. My next question is that we get paid on 3rd of every month and the guidance asks for bank statement and pay slip not older than 30 days. So my question is that if I submit my application on 28/10/20 but do not upload my documents till 10/11/20 will have to show October bank statement and pay slip or November. Basically document within 30 days from submission or from date of uploading

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Re: ILR date

Post by CR001 » Mon Oct 05, 2020 9:04 pm

30 dates is relevant to the application date, which is the date you submit and pay online and NOT the biometric appoinment date or the uploading date.
Char (CR001 not Casa)
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Re: ILR date

Post by Msingh2020 » Wed Oct 21, 2020 11:36 pm

Many thanks for all your help. I am going to apply for ILR next week and now getting all the documents together.

May I please ask if my employer needs to only mention absences outside UK or does he also needs to mention annual holidays taken within UK too. Also does my employer needs to include bank holidays and weekend or not.

Can someone also please confirm that salary mentioned in SOC code is that based on 40 hours or less. I am currently on code 2126 design engineer and my employer has mentioned 40 hours on employer letter.

Secondly as this job falls under SHORT occupational list, am I exempt from SOC salary or am I excempt from minimum ILR salary requirement. I am currently on £40k hence not sure if 40hours covers both SOC and ILR requirments

I will be really grateful if someone can help me

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Re: ILR date

Post by Msingh2020 » Thu Oct 22, 2020 12:44 pm

Sorry but I will be really grateful if someone can answers my above questions as my HR goes on holiday and I need to get absence letter by tomorrow

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Re: ILR date

Post by srsw » Thu Oct 22, 2020 1:30 pm

Employer needs to only mention absences outside UK.

Exempts from ILR minimum salary requirement.

Source is the Annual Survey of Hours and Earnings so it's based on a 39-hour week.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

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Re: ILR date

Post by srsw » Thu Oct 22, 2020 1:38 pm

For your SOC code, experienced worker should get a minimum of £33,000 based on a 39-hours per week calculation, so all good on that front.

Btw, no need to mention bank holidays/weekends separately, just mention start/end dates.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

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Re: ILR date

Post by Msingh2020 » Mon Oct 26, 2020 12:19 am

Hi Srw,

Many thanks for your reply.

Can you please confirm if below format for absence letter is correct, the only thing I am not sure is to whom the letter needs to address too, I will appreciate name and address


Re: Confirmation of paid absence details: 

This is to confirm that (Name) has been employed by (Company Name) since 22nd of November 2015 and holds a permanent position of (Position). 

The following are the dates detailing his absence from UK since his employment with (Company Name).  

 1) 05/11/16 - 22/11/16 ( 18 days including bank holidays and weekends) (12 days including bank holidays and weekends) annual holidays

 2) 13/12/17 - 31/12/17 ( 19 days including bank holidays and weekends) (11days including bank holidays and weekends) annual holidays

 3) 25/05/18 - 30/05/18 ( 6 days including bank holidays and weekends) (4 days including bank holidays and weekends) annual holidays

 4) 15/12/18 - 4/1/19 (21 days including bank holidays and weekends) (11 days including bank holidays and weekends) annual holidays

5)  22/07/19 - 31/07/19 ( 10 days including bank holidays and weekends) (9 days including bank holidays and weekends) annual holidays

6)  01/09/20 - 03/09/20 ( 3 days including bank holidays and weekends) (3 days including bank holidays and weekends) Business trip

I can confirm that while abroad on business trip as well as on his annual paid holidays he was still on the UK payroll, paying NI, paying tax and was in receipt of full-time salary.  

Should you require any additional information or further clarification, please feel free to get in touch with me.  

Your Sincerely,  

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Re: ILR date

Post by Msingh2020 » Mon Oct 26, 2020 12:21 am

Also please kindly confirm following employment letter


CONFIRMATION OF EMPLOYMENT FOR MR. xxxxx

This letter is to confirm that Mr xxx has been employed by xxxx Ltd as a full time and permanent employee since 22nd of November 2015 on Tier 2 general visa and presently hold the position of xxx.  


His current salary is GBP xxxx which is above the appropriate rate of GBP xxxxx as per SOC code xxxxx, as stated in the codes of practice for Tier 2 Sponsors. He is Paying NI and tax in the UK, his salary gets deposited in his UK bank account.

xxxxxx services as an employee are still required and he will continue to remain employed with XXXXX in the foreseeable future. 


Should you have a need for any additional information or further clarification in the matter, please feel free to get in touch with me.

Yours Faithfully 

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Re: ILR date

Post by AmazonianX » Mon Oct 26, 2020 4:26 am

Msingh2020 wrote:
Mon Oct 26, 2020 12:21 am
Also please kindly confirm following employment letter


CONFIRMATION OF EMPLOYMENT FOR MR. xxxxx

This letter is to confirm that Mr xxx has been employed by xxxx Ltd as a full time and permanent employee since 22nd of November 2015 on Tier 2 general visa and presently hold the position of xxx.  


His current salary is GBP xxxx which is above the appropriate rate of GBP xxxxx as per SOC code xxxxx, as stated in the codes of practice for Tier 2 Sponsors. He is Paying NI and tax in the UK, his salary gets deposited in his UK bank account.

xxxxxx services as an employee are still required and he will continue to remain employed with XXXXX in the foreseeable future. 


Should you have a need for any additional information or further clarification in the matter, please feel free to get in touch with me.

Yours Faithfully 
The confirmation letter appears satisfactory for the purpose.

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Re: ILR date

Post by srsw » Mon Oct 26, 2020 7:02 am

Msingh2020 wrote:
Mon Oct 26, 2020 12:19 am
Hi Srw,

Many thanks for your reply.

Can you please confirm if below format for absence letter is correct, the only thing I am not sure is to whom the letter needs to address too, I will appreciate name and address


Re: Confirmation of paid absence details: 

This is to confirm that (Name) has been employed by (Company Name) since 22nd of November 2015 and holds a permanent position of (Position). 

The following are the dates detailing his absence from UK since his employment with (Company Name).  

 1) 05/11/16 - 22/11/16 ( 18 days including bank holidays and weekends) (12 days including bank holidays and weekends) annual holidays

 2) 13/12/17 - 31/12/17 ( 19 days including bank holidays and weekends) (11days including bank holidays and weekends) annual holidays

 3) 25/05/18 - 30/05/18 ( 6 days including bank holidays and weekends) (4 days including bank holidays and weekends) annual holidays

 4) 15/12/18 - 4/1/19 (21 days including bank holidays and weekends) (11 days including bank holidays and weekends) annual holidays

5)  22/07/19 - 31/07/19 ( 10 days including bank holidays and weekends) (9 days including bank holidays and weekends) annual holidays

6)  01/09/20 - 03/09/20 ( 3 days including bank holidays and weekends) (3 days including bank holidays and weekends) Business trip

I can confirm that while abroad on business trip as well as on his annual paid holidays he was still on the UK payroll, paying NI, paying tax and was in receipt of full-time salary.  

Should you require any additional information or further clarification, please feel free to get in touch with me.  

Your Sincerely,  
It can be addressed to "Home Office" or "To Whom It May Concern".

1) 05/11/16 - 22/11/16 ( 18 days including bank holidays and weekends) (12 days including bank holidays and weekends) annual holidays

In the above example, second row is not required, but if you still want to mention then shouldn't it be "excluding bank holidays and weekends"?
My advice is based on personal research/experience, so pls check relevant UKVI sources.

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Re: ILR date

Post by Msingh2020 » Mon Oct 26, 2020 7:05 am

AmazonianX wrote:
Mon Oct 26, 2020 4:26 am
Msingh2020 wrote:
Mon Oct 26, 2020 12:21 am
Also please kindly confirm following employment letter


CONFIRMATION OF EMPLOYMENT FOR MR. xxxxx

This letter is to confirm that Mr xxx has been employed by xxxx Ltd as a full time and permanent employee since 22nd of November 2015 on Tier 2 general visa and presently hold the position of xxx.  


His current salary is GBP xxxx which is above the appropriate rate of GBP xxxxx as per SOC code xxxxx, as stated in the codes of practice for Tier 2 Sponsors. He is Paying NI and tax in the UK, his salary gets deposited in his UK bank account.

xxxxxx services as an employee are still required and he will continue to remain employed with XXXXX in the foreseeable future. 


Should you have a need for any additional information or further clarification in the matter, please feel free to get in touch with me.

Yours Faithfully 
The confirmation letter appears satisfactory for the purpose.

Many thanks for the confirmation

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