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**Please help me- Tier1G ILR Tax issues**

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


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krishna321
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Tier 2 G - Switching CoS to other employer

Post by krishna321 » Tue Jul 16, 2019 11:05 am

Hi Tier2 G experts,

I got Tier 2 General VISA in April 2019 from an employer. I didn't get any job till now ( didn't pay any commission and didn't run any payroll for me, as I already requested him to give me time till 3-4 months ).
I'm worried with 2 questions now.

1.Will this affect my ILR in the future? If so what can I do to correct it ? ( 3 months - no salary flowing ). My friends suggested me to get job ASAP, better to get permanent job ( switch it - better for permanent monthly salary ) instead of risky contracts which might or not extend.

2. So I now preferably applying more for perm or fixed term contracts for 1 year or something which might or not extend . If I get such permanent or fixed term contract ( for 1 year or so ), what are the things involved here ?
If I'm right my current CoS will be automatically cancelled and a new CoS from the new employer will be issued right having the same validity of my Tier 2 VISA till 2022 ? Do I need to talk to my current employer and get his permission to cancel the CoS or just leave it ? How far this affects my VISA or my ILR (or) it doesn't affect at all as it's a matter of switching your employer for perm / fixed term employer.

Hope you got my questions clear. Please help me in explaining about switching to different employers in Tier 2 General VISA. ( with respect to ILR also )


Thanks
Krishna

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Zimba
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Re: **Please help me- Tier1G ILR Tax issues**

Post by Zimba » Tue Jul 16, 2019 11:39 am

Tier 2 visa is for sponsored employment but it does not need to be permanent it can be a contract, however your employer must put you on the payroll and pay you the salary they mentioned on the COS when your job starts. You can only get ILR if your employer states that they need you for a foreseeable future so a fixed term contract may not lead to ILR
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

krishna321
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Re: **Please help me- Tier1G ILR Tax issues**

Post by krishna321 » Thu Jul 18, 2019 1:23 am

Zimba wrote:
Tue Jul 16, 2019 11:39 am
Tier 2 visa is for sponsored employment but it does not need to be permanent it can be a contract, however your employer must put you on the payroll and pay you the salary they mentioned on the COS when your job starts. You can only get ILR if your employer states that they need you for a foreseeable future so a fixed term contract may not lead to ILR
Thanks Zimba for your reply !

Reg the payroll what can I do now ? Can I switch over to other sponsor who can do the payroll properly from this month ( again I need to spend money for that :( ? How does that it affects my ILR - Please explain in detail all about the requirements / switching - maintaining the employers in our 5 yrs

Secondly about the fixed term contract, if they extend the contract to 1 more year , say 2 years or more still will that be a problem for ILR.....please explain

Thanks Zimba

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CR001
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Re: Tier 2 G - Switching CoS to other employer

Post by CR001 » Thu Jul 18, 2019 8:22 am

krishna321 wrote:
Tue Jul 16, 2019 11:05 am
I got Tier 2 General VISA in April 2019 from an employer. I didn't get any job till now ( didn't pay any commission and didn't run any payroll for me, as I already requested him to give me time till 3-4 months ).
Are you currently sponsored by an umbrella company and do you have to find your own contract jobs?? Did you pay for your CoS? Is the employer going to take a percentage of your earnings as 'commission fee'??

What do you mean 'requested him to give me time till 3-4 months'???
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

krishna321
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Posts: 10
Joined: Thu Jan 25, 2018 9:09 pm
India

Re: Tier 2 G - Switching CoS to other employer

Post by krishna321 » Mon Jul 22, 2019 6:15 am

CR001 wrote:
Thu Jul 18, 2019 8:22 am
krishna321 wrote:
Tue Jul 16, 2019 11:05 am
I got Tier 2 General VISA in April 2019 from an employer. I didn't get any job till now ( didn't pay any commission and didn't run any payroll for me, as I already requested him to give me time till 3-4 months ).
Are you currently sponsored by an umbrella company and do you have to find your own contract jobs?? Did you pay for your CoS? Is the employer going to take a percentage of your earnings as 'commission fee'??

Yes. I'm currently sponsored by a company and I've to find my own contract jobs.
I paid for my CoS.
Yes. The employer is going to take percentage of my earnings as commission.

What do you mean 'requested him to give me time till 3-4 months'???

I've asked them not to take commission for 3-4 months till I get job. But they are more lethargic and didn't let me know that I need to get my payroll run from the start and now my CoS validity has crossed the 3 months time ( Will this be an issue with my VISA ?? .( atleast I would've rotated my money, now I came to know from few of my Tier 2 friends that I need to have my payroll active and proper records to apply for ILR )

I'm now thinking of switching to other employer for which I need to pay again. All my fate. I don't even have that much money, but can manage.

Is it OK that I can switch to a new employer like this and start with proper payroll ? Will this affect my ILR ? Please advice me on this.

Thanks CR001

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CR001
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Re: Tier 2 G - Switching CoS to other employer

Post by CR001 » Mon Jul 22, 2019 6:30 am

Yes. I'm currently sponsored by a company and I've to find my own contract jobs.
I paid for my CoS.
Yes. The employer is going to take percentage of my earnings as commission.
What your are doing and have done is not permitted on tier 2 general and is illegal. Contracting under an umbrella company is strictly prohibited and a breach of your visa conditions. I am going to guess that you have been unable to get a contract job as no one will employ you as a contractor due to the employer specific visa you hold. Note that tier 2 general is NOT the same as tier 1 general was where you could work for anyone.
I've asked them not to take commission for 3-4 months till I get job. But they are more lethargic and didn't let me know that I need to get my payroll run from the start and now my CoS validity has crossed the 3 months time ( Will this be an issue with my VISA ?? .( atleast I would've rotated my money, now I came to know from few of my Tier 2 friends that I need to have my payroll active and proper records to apply for ILR )
On tier 2 general you are ONLY allowed to work directly for your sponsoring employer on THEIR payroll as a PAYE employee. Under this arrangement, you are unlikely to qualify for ilr. How did you find this tier 2 sponsor??
I'm now thinking of switching to other employer for which I need to pay again. All my fate. I don't even have that much money, but can manage.
If you are going to switch make sure it is a proper sponsor. Genuine tier 2 sponsors do not charge for a CoS or take commission or expect you to find your own contracts.
Is it OK that I can switch to a new employer like this and start with proper payroll ? Will this affect my ILR ? Please advice me on this.
You really have made a bit of mess of an already bad situation. Tax discrepancies on tier 1 and then this situation with a non genuine sponsor on tier 2. You can expect heavy scrutiny of an ilr application.
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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