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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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ILR 5 Yr on T2G and SW combined

Post by sjagadeesan » Sun Nov 29, 2020 7:07 pm

Hi,

I am on Tier2 General Visa and will be completing 5 yrs in 2021. If i switch employer after 1st Dec, then i will be granted the SW (new) Visa. Will this reset my clock for ILR? Can i combine my stay in T2G and SW together to reach 5 yr eligibility for ILR? Thanks!

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Re: ILR 5 Yr on T2G and SW combined

Post by zimba » Mon Nov 30, 2020 10:35 am

sjagadeesan wrote:
Sun Nov 29, 2020 7:07 pm
Hi,

I am on Tier2 General Visa and will be completing 5 yrs in 2021. If i switch employer after 1st Dec, then i will be granted the SW (new) Visa. Will this reset my clock for ILR? Can i combine my stay in T2G and SW together to reach 5 yr eligibility for ILR? Thanks!
What is SW visa ??
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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Re: ILR 5 Yr on T2G and SW combined

Post by sjagadeesan » Mon Nov 30, 2020 10:48 am

Hi Zimba,

I meant Skilled Worker Visa (SW) in the new immigration system. I believe this is equivalent to the T2G visa. If i change from T2G to the skilled worker visa, will it reset my ILR clock?

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Re: ILR 5 Yr on T2G and SW combined

Post by CULLINAN » Mon Nov 30, 2020 2:09 pm

sjagadeesan wrote:
Mon Nov 30, 2020 10:48 am
Hi Zimba,

I meant Skilled Worker Visa (SW) in the new immigration system. I believe this is equivalent to the T2G visa. If i change from T2G to the skilled worker visa, will it reset my ILR clock?
You will need 5 years continuous period on Skilled Worker Visa. You can not combine time on Tier 2 with Skilled Worker Visa.
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 5 Yr on T2G and SW combined

Post by sjagadeesan » Mon Nov 30, 2020 3:42 pm

CULLINAN wrote:
Mon Nov 30, 2020 2:09 pm

You will need 5 years continuous period on Skilled Worker Visa. You can not combine time on Tier 2 with Skilled Worker Visa.
Hi Cullinan,
Thanks for your reply. In that case, how can a person with T2G visa renew his visa after Jan 2021 and still stay in T2G? Do you mean we will have both T2G and Skilled Worker visa exist together? My understanding was the new Skilled worker route will replace T2G. Please clarify. Thanks!

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Re: ILR 5 Yr on T2G and SW combined

Post by CULLINAN » Mon Nov 30, 2020 4:20 pm

It only applies if you switch to SW visa. If you carry on your existing Tier 2, the new 5 year period does not apply.
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Re: ILR 5 Yr on T2G and SW combined

Post by sjagadeesan » Mon Nov 30, 2020 4:53 pm

CULLINAN wrote:
Mon Nov 30, 2020 4:20 pm
It only applies if you switch to SW visa. If you carry on your existing Tier 2, the new 5 year period does not apply.
Thanks Cullinan. So if i try to change employer after Dec1st, then i risk loosing what ever yrs i accumlated so far. Is my understanding correct?

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Re: ILR 5 Yr on T2G and SW combined

Post by CULLINAN » Mon Nov 30, 2020 5:08 pm

sjagadeesan wrote:
Mon Nov 30, 2020 4:53 pm
CULLINAN wrote:
Mon Nov 30, 2020 4:20 pm
It only applies if you switch to SW visa. If you carry on your existing Tier 2, the new 5 year period does not apply.
Thanks Cullinan. So if i try to change employer after Dec1st, then i risk loosing what ever yrs i accumlated so far. Is my understanding correct?
Yes if you switch to Skilled Worker visa.
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Re: ILR 5 Yr on T2G and SW combined

Post by sjagadeesan » Tue Dec 01, 2020 11:31 am

Hi Cullinan,

Below is what i see in the Gov.uk site today. There is no longer a section for Tier2 General. It is replaced by Skilled worker visa. So anyone trying to extend their visa or switch employer would have to apply for Skilled worker visa only. Will this invalidate the years accumulated on T2G so far and reset ILR clock? That would be unfair for those in T2G currently.


"A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer.

This visa has replaced the Tier 2 (General) work visa."

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Re: ILR 5 Yr on T2G and SW combined

Post by CULLINAN » Tue Dec 01, 2020 11:34 am

This does not apply to applicants who already are on Tier2G. If you switch employer on SW visa then obviously you will go on a new SW route. But if an applicant is with the same employer on Tier 2G can simply carry on.
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Re: ILR 5 Yr on T2G and SW combined

Post by sjagadeesan » Tue Dec 01, 2020 11:54 am

Hi Cullinan,

Sorry to keep coming back on the same topic. Below is what i see today in the gov.uk ILR eligibility page. It says the 5 yrs can be a combination of Tier2Genral or Skilled worker visa. Let me know your thoughts.



Find out if you can apply to settle in the UK
You can apply if you have a Tier 2 (General) visa or a Skilled Worker visa
Check if you meet the requirements for settlement (‘indefinite leave to remain’).

Eligibility
You can apply if:

you have a Tier 2 (General) visa or a Skilled Worker visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
your employer (sponsor) still needs you for your job - they’ll need to provide a document confirming this
your job meets the salary requirements

Continuous residence
The 5 years can include time in the UK on another visa if it was one of the following:

Tier 2 (General) or Skilled Worker

Tier 2 Minister of Religion
Tier 2 Sportsperson
Tier 1, but not Tier 1 (Graduate Entrepreneur)
Representative of an Overseas Business
Global Talent
Innovator

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Re: ILR 5 Yr on T2G and SW combined

Post by CULLINAN » Tue Dec 01, 2020 12:24 pm

You are correct. Tier 2 G time will be counted towards SW settlement period also.

https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

Also read:

https://assets.publishing.service.gov.u ... 0_v1.0.pdf
Settlement
Workers who have been continuously and lawfully resident in the UK on the Skilled Worker route (or other eligible route) for 5 years or more may apply to settle in the UK permanently (known as ‘settlement’ or ‘indefinite leave to remain’). For details of the requirements, see paragraphs SW 19.1 to SW 25.2 of Appendix Skilled Worker.
Page 13


Note: This is a new route so different opinions on the immigration legal websites. Follow the official guidance and immigration rules. I would still urge you to do your own research. If the official guidance says so, you can follow it.
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ILR 5 yr T2G route

Post by sjagadeesan » Mon Dec 14, 2020 4:21 pm

Hi Everyone,

I will be eligible to apply for ILR in Feb 2021. I have got few questions related to my application.

1) Shall i start filling the application online from now onwards so i could be well prepared? Obviously will submit only after eligibility reached in Feb. Do we know how long the application can be in saved state before submitting?

2) In terms of the period spend prior to entering UK. Should we mention all my abroad visits? I had worked in US 4 times each with durations of 4-9 months. Should those be mentioned? I hope holidays or short trips need not be mentioned. Please clarify.

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Re: ILR 5 yr T2G route

Post by zimba » Mon Dec 14, 2020 5:08 pm

1) You can start your application at anytime
2) ALL absences from the UK in the last 5 years must be entered
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Re: ILR 5 yr T2G route

Post by sjagadeesan » Mon Dec 14, 2020 5:21 pm

Hi Zimba,

Thanks for your reply.

For the 5 year period in UK, i will list down all my absences however short it was.

But my second question was related to absences from my home country prior to entering UK. I belive there is a section to enter countries lived prior to entering UK. In that, should i just mention my birth country alone, or should i detail all the work related visits i made?

Thanks!

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Re: ILR 5 yr T2G route

Post by srsw » Mon Dec 14, 2020 11:32 pm

sjagadeesan wrote:
Mon Dec 14, 2020 5:21 pm
Hi Zimba,

Thanks for your reply.

For the 5 year period in UK, i will list down all my absences however short it was.

But my second question was related to absences from my home country prior to entering UK. I belive there is a section to enter countries lived prior to entering UK. In that, should i just mention my birth country alone, or should i detail all the work related visits i made?

Thanks!
You can ignore short visits/holiday trips, but do mention if you "lived" 4 to 9 months on work related visas. It's "lived" question, not "visited" question.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

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Re: ILR 5 yr T2G route

Post by zimba » Tue Dec 15, 2020 12:15 pm

sjagadeesan wrote:
Mon Dec 14, 2020 5:21 pm
Hi Zimba,

Thanks for your reply.

For the 5 year period in UK, i will list down all my absences however short it was.

But my second question was related to absences from my home country prior to entering UK. I belive there is a section to enter countries lived prior to entering UK. In that, should i just mention my birth country alone, or should i detail all the work related visits i made?

Thanks!
That question is not important. Mentioning your own country is enough
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Online Bank statement for ILR

Post by sjagadeesan » Tue Jan 26, 2021 8:24 pm

Hi Everyone,

Just want to clarify if the Online bank statement sufficient for applying ILR? I am applying through T2G 5 yr route.

The bank is HSBC and the statement is downloaded from the online account (i have opted for paperless billing so all statements are only available online).

The statement does have a barcode in the top and the HSBC UK logo. Contains my full name, account number, account balance and transaction showing my salary pay credited for most recent month.

Should i get the statement stamped or any other statement from Branch? Please clarify.

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Re: ILR 5 yr T2G route

Post by CULLINAN » Tue Jan 26, 2021 8:46 pm

Online statements are fine.
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Re: ILR 5 yr T2G route

Post by sjagadeesan » Wed Jan 27, 2021 10:18 am

Thanks a lot Cullinan!

I would like a final check of my documents list and suggest if they are sufficient enough. Below is the list requested in my application and highlighted are the docs i will submit for each.

1 NARIC letter that confirms the qualification meets or exceeds the recognised standard of a Bachelor's or Masters degree or PhD in the UK AND confirm the level of English to which the degree was taught or researched

"NARIC Red Route Certificate
AQLS - Bachelors Degree
ELPS - CEFR Level C1"



2 The degree certificate for Mr XXXXX to prove the level of English language required

Final Degree Certificate (certificate is in english)

3 Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for Mr XXXXX

Absense Letter from Employer covering all my UK absences in past 5 yrs

4 Declaration signed by Mr XXXXX to confirm consent for the Home Office to request verification checks

Consent form Signed (page 1 only). All documents i submit is solely on my name.

5 All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

"Current Passport (contains all UK entry stamps).
All Prior and current BRP."


6 Current Biometric Residence Permit for Mr XXXXX

Current BRP card

7 Evidence of Mr XXXXX's immigration status in the UK

Visa approval Letter for my first entry to UK

8 Your most recent payslip and bank or building society statement. These must be dated no earlier than one calendar month before the date of the application. The statement must show the payment, as shown on the payslip. You should not provide any additional payslips or statements, unless you are currently on maternity, paternity, shared parental or adoption leave.

"Jan Payslip.
Feb Online HSBC Bank statement showing Jan Salary credit"


9 A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are: 

Employer letter stating still required for foreseable future , annual salary and confirming its above appropriate rate for my SOC code.


Apart from the above list, please suggest if i need any other additional docs (especially below ones)

1) P60 for last 5 years. I see about this in other forums. But this is not requested in my application. Should i still go ahead and submit them?
2) Rental agreement for my current accommodation. My dependents are not applying with me now. Still is this document relevant ?
3) All my UK entry are done using my current passport for the qualifying 5 year period. However in my previous passport i have entry related to my 2 year period i lived in US related to work. I had stated this in the section where it asks for places lived prior to entering UK. So should i submit my previous passports as well?
4) Is Council Tax bill required?

Sorry for the lengthy post. Appreciate your time and guidance!

Thank you

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Re: ILR 5 yr T2G route

Post by CULLINAN » Wed Jan 27, 2021 11:16 am

Looks good to me.

1-4 nothing needed from additional list.

Assuming you input LIUK ref in the online form.

Only current BRP is enough.
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Re: ILR 5 yr T2G route

Post by sjagadeesan » Wed Jan 27, 2021 11:48 am

Thanks Cullinan.

Yes my LIUK is online form, so got only the reference number which i entered in the application form. Hope thats sufficient.

Cheers!

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SOC Going Rate calculation

Post by sjagadeesan » Thu Jan 28, 2021 9:53 am

Hi Experts,

I am preparing the employment letter for my ILR application. In that i would like to mention that my Salary is above the going rate for my SOC. But unsure what is the accurate rate i should enter.

1) My SOC code is 2136
2) My work hours is 37.5 hours per week.
3) I am applying ILR via T2G 5 yr route (not changed to new SW visa).


So here are my questions

1) Should i state the present revised SOC rates for SW route or the ones used until last year for T2G?
2) In the gov uk website i find the below details

The going rate for SOC 2136 is mentioned as £33,300 (£16.42 per hour). But this is based on 39 hr week working.
Going rates must be pro-rated for other working patterns, based on the weekly working hours stated by the applicant’s sponsor.


So in my case, should i recalculate the going rate for 37.5 hr work week? If yes, then please confirm if the below is accurate

16.42 * 37.5 * 52 = 32,019

Appreciate your time and guidance!
Thanks!

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Re: ILR 5 yr T2G route

Post by sjagadeesan » Fri Jan 29, 2021 3:45 pm

CULLINAN wrote:
Tue Jan 26, 2021 8:46 pm
Online statements are fine.
HI Cullinan,

I have one more question related to my Bank statement. My eligibility date to apply for ILR is 7th Feb 2021. However the next bank statement i get from bank will be 12th Feb 2021.

So shall i go ahead and apply for ILR on 7th Feb itself and upload the bank statement on 12th Feb? Obviously the biometric appointment will be booked on a later date (28 days from 7th Feb)...

Or do i have to wait until 12th Feb to apply for ILR (because i read somewhere that all the document should be dated prior to the application date). Is that true?

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Re: ILR 5 yr T2G route

Post by CR001 » Fri Jan 29, 2021 3:50 pm

Or do i have to wait until 12th Feb to apply for ILR (because i read somewhere that all the document should be dated prior to the application date). Is that true?
Yes, this one.
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