I should also warn you the below is really a big story of what I went through - so be prepared to waste your time
- ILR Applied using premium service on 20th February 2017
- Decision withheld by case worker for the reasons
i) My TUPE transfer (transfer of Sponsored employee from employer A to employer B) isn't reflected in the Home Office records- so they aren't sure about my immigration status at the time of applying
ii) To supply adequate explanation from my previous employers for the absences (for all 5 years) - Solicitor sent back explanation on 3rd March
- ILR granted on 18th May
- BRP received on 20th May
- August 2011 Came to UK on Tier 2 General Visa sponsored by an agency (Datamatics UK aka Datamatics group)
- October 2013 Went back to India
- November 2013 Employer (Datamatics) fired me whilst I was in India
- December 2013 Managed to find new sponsor
- December 2013 flew back to UK to apply a T2G with new sponsor (in country switching), I couldn't apply from India as I didn't have payslips/p60 from previous employer (Datamatics)
- December 2013 went to India again (for compassionate reasons)
- March 2014 Flew back to UK and started working for the employer
- December 2014 Employers sponsoring License cancelled
- January 2015 Found a new sponsor, applied & got T2G (in-country switching)
- November 2015 - Switched employment, new sponsor applied & got T2G (in-country switching)
- August 2016 - became eligible to apply ILR
- October 2016 - project was taken over by another company, all employees were transferred to the new company according to TUPE arrangements (TUPE allows to transfer sponsored employee provided the destination company has appropriate license to sponsor the TUPED employee)
- Switched Jobs/Changed sponsors frequently
- Only after coming to UK I understood that my first sponsor was literally an agency and a big time fraudster, however after working for a year or so I understood my sponsor wasn't paying the tax & NI deducted from my salary (PAYE) to HMRC, after I started enquiring about this to him I wasn't sent any payslips, there was no records in HMRC system to show that I was working & paying taxes in UK from September 2011 till October 2013.
- October 2013 till March 2014 long absence from UK (around 140 days), I wasn't paid any salary for these time and no substantial evidence to show I was still employed between these times, HO could consider this a break in employment
- Going through FAQs and plethora of threads available at immigrationboards website, I understood I will be asked P60 for all 5 yrs at the time I apply for ILR, but HMRC didn't have my tax record for 2011,12 & 13 (as the employer cheated), so upon arriving in UK in 2014, I contacted HMRC, send them all records (Offer letters from 1st employer, whatever payslips I was given by them, P60 that the employer gave me (non genuine), bank statements to substantiate that I was paid salary through BACS, a detailed explanation letter), it took full 2 years (had to constantly chase HMRC during this period) to get the confirmation back from HMRC stating my issue was employers and HMRC is going after the employer,
- Next thing I had to do was to find a good solicitor who deals with immigration related matters and able to understand/solve such complex matters, believe me I would have met at least 30+ solicitors and most of them was only interested in the fees (& they put the impulsive warning that they can only try, decision is with home office), finally settled with an corporate immigration company (PM me for details) which my company was using , but they charged a hefty fee (but did I had choice?)
- Paid the solicitor for initial assessment & explained everything in detail, they understood the issues clearly
- In between my projected was shifted to new company so had to wait until TUPE was finalised
- Application was finally drafted & booked for appointment @ Liverpool PSC for 20th FEB 2017
- Cover letter from solicitor & app form
- All payslips I had for the past 5 years
- P45 & P60 for 2014,15 & 16
- All communication from HMRC for tax issues between 2011 & 20133
- Letter from employer (stating I will required for foreseeable future)
- Bank statements for entire 5 years
- Tenancy agreements for 2013,14,15,16 & 17 (didn't have that the period 2011-2012)
- Arrived at the centre well before appointment time, checked in & waited for sometime before application was quickly verified & biometric taken
- Case Worker called me @ 15:00, was initially confused I was applying under 10 year route (I was in UK during 2008, I mentioned this in the application, so the CW was slightly confused but quickly understood I am applying under 5yr route)
- CW was quick to find my long absence during Oct 2013 - March 2014, I tried to explain it was compassionate reasons, but CW not satisfied
- CW spotted my TUPE isn't reflected in their system, called in their seniors (imagine me sitting & watching all these, my BP was all time high
and there was no nails left on my fingers 
) - Around half 4 CW called me and conveyed they cannot decide on my application yet and needed additional documents
- Came back home with disappointed face
(good reason to tell my wife I have to sip few beers & my wife couldn't stop me )
- Solicitor understood the situation and escalated to their senior, my case is now shifted to one of the most senior in their UK operations
- I was told it's become complicated now - the senior solicitor, after speaking to my current company HR and previous company HR, she found TUPE arrangements wasn't notified to Home Office license sponsoring team. HR have now started the process but it will take months to reflect in HO records
- I can't get any proof from my 1st employer (as I complained about them to HMRC) and my 2nd employer has dissolved the company (my bad I didn't obtain the required letters when I left them)
- The absence JINX was finally solved by her with the below reasoning
i) Between Nov 2013 & Dec 2013 I was not officially employed, but I applied & obtained fresh T2G in December, though there is break in employment it hasn't exceeded the allowable 60 days grace period
ii) Still technically I shouldn't have flown back to UK when I was no longer employed by the 1st employer -this is still an issue (but had a reason for doing so)
iii) My long absence between Dec 2013 & Feb 2014 was approved by employer at that time but no letter can be obtained as the company is officially dissolved now (proof from companies house)
Was waiting hopelessly for 40+ days and finally my ILR was granted. Phewwwww what a relief !!
Thanks for all the contributors & admin @ immigrationboards - If not this website I wonder where else I could have got all those info that helped me.
