SET(O) IRL application - older payslip requested

[Ana_88]

Hi,

I am trying to figure out whether I can apply for ilr in my situation and would appreciate any advice.

I am currently on a fixed-term contract with my employer which ends on May 4th. My current tier 2 visa ends on May 15th. This week I found out that my contract will be extended for two more years (same organisation, different department).

The beginning of April marks 5 years since I work on tier 2 visa. This and the fact that I am still needed at my job make me eligible to apply for ilr. However, I am not sure whether I must first apply to extend the tier 2, or can I proceed with the settlement application with my visa ending so soon. I also do not understand whether I should interpret my change of department as the change of employer.

Gov.uk website states that I should have plenty of time left of my current visa when I apply but does bot give specific numbers. I also was planning to apply using their 5-day decision option. Does this have the same requirement about the remaining time on the visa?

I would appreciate any advise from anyone who has been in a similar situation or understands how the tier 2 route works when it comes to fixed-term employment. Many thanks in advance.

[zimba]

First of all, the Tier 2 general route was replaced by the skilled worker route

Having a fixed contract is ok as long as your employer gives you a letter saying they need you for the foreseeable future.
See: indefinite-leave-to-remain/ilr-question ... l#p2090242

You can apply and get ILR within 28 days of completing your 5 years. This is the earliest time, so you can apply from that point onwards. There is also NO 'minimum time left on your visa' or any such requirement at all. You can apply as long as your visa is still valid. Your visa can run out after your application but you are protected by the law. The law extends your visa automatically until you get a decision (as per section 3C of the immigration act 1971)

What about a change of employment? Here is the official advice:

A person must make a change of employment application if they:

• change employer
• remain with the same employer and either:
o change their core duties which means their new job is in a different occupation code to the one stated on their original certificate of sponsorship
o change their core duties which means they change jobs from one currently included in Appendix Shortage Occupation List to one which is not included

Official guide: https://assets.publishing.service.gov.u ... worker.pdf

[Ana_88]

Thank you for clarifying things and for useful links. I am guessing my duties do not change since my role will be exactly the same. Will check with the HR.

[Ana_88]

Hello,

I have recently submitted an application for settlement via the skilled worker route and paid for a priority service. Two weeks before my application submission, my employer raised my salary as part of sector-wise pay award. I provided as evidence the support letter, the employer communication to staff explaining the pay award, and the most recent payslip (for March) that corresponds to the new annual salary. The recent payslip includes the back pay for the month of February, which is also explained in employer communication. It is evident from the communication that my annual salary before the raise was above the threshold for my occupation code.

Today, I got a request from the Home Office to provide a payslip and a bank statement for February as well. They also say that they will not be able to make a decision within 5 working days from my biometrics submission date, but say that if I do not provide additional evidence within next 10 working days they will make a decision based on what I originally submitted.

I provided the documents straight away but now I struggling to comprehend why they want to see an older payslip and bank statement. I am worried that they request another bank statement to see where my money goes, because my current account to which I get paid has pretty low balance. I transfer most of my income to family and savings account as soon as I get paid and wonder whether it would look suspicious.

My question is therefore two-fold:
Should I also provide bank statements from my other accounts even though they do not show the payment from my employer?
Does this mean that the new timeframe for making the decision is 10 working days? Or entire 6 months?

Apologies if this is too specific to ask, I had a consultation with an immigration advisor before submitting my application and was told that my case was straightforward, so I am now at a loss for what to do. Many thanks in advance for any advice.

[AmazonianX]

Hello,

I have recently submitted an application for settlement via the skilled worker route and paid for a priority service. Two weeks before my application submission, my employer raised my salary as part of sector-wise pay award. I provided as evidence the support letter, the employer communication to staff explaining the pay award, and the most recent payslip (for March) that corresponds to the new annual salary. The recent payslip includes the back pay for the month of February, which is also explained in employer communication. It is evident from the communication that my annual salary before the raise was above the threshold for my occupation code.

Today, I got a request from the Home Office to provide a payslip and a bank statement for February as well. They also say that they will not be able to make a decision within 5 working days from my biometrics submission date, but say that if I do not provide additional evidence within next 10 working days they will make a decision based on what I originally submitted.

I provided the documents straight away but now I struggling to comprehend why they want to see an older payslip and bank statement. I am worried that they request another bank statement to see where my money goes, because my current account to which I get paid has pretty low balance. I transfer most of my income to family and savings account as soon as I get paid and wonder whether it would look suspicious.

My question is therefore two-fold:
Should I also provide bank statements from my other accounts even though they do not show the payment from my employer? If they have specifically ask provide what is requested, don't know the premise however could be to see what level reviews income was and not on how you spend or the balance.
Does this mean that the new timeframe for making the decision is 10 working days? Or entire 6 months? The time frame actually can take as short as soon after you provide the requested evidence or as long as it takes. The 10days you were given is time limit for you to supply additionally requested items.The time frame thing especially after being told can not be done as you requested can not be foretold as each application is unique

Apologies if this is too specific to ask, I had a consultation with an immigration advisor before submitting my application and was told that my case was straightforward, so I am now at a loss for what to do. Many thanks in advance for any advice.

While it may appear straight forward, CW can pick on anything to say needs more cursory look.

Exercise some patience as you hope for the best.

[CR001]

1. UKVI will want to see that your salary meets what was stated in the CoS. Any increase in salary should be reported on the SMS system by your employer.

2. It is not up to you (or your immigration advisor) to decide your case is 'straightforward'. That is up to UKVI to decide.