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Urgent Input on ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Coache
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Must the Job start date be stated on Tier 2 Employers letter for ILR

Post by Coache » Fri Apr 26, 2019 6:31 pm

Hello moderators, I am due to apply for ILR in few months, however I have a few questions.
I was working for my employer for few months after studies on a temporary basis on Tier 4 VISA before i was offered a permanent Job for same role and was issued a COS which lead a tier 2 visa for same Job.

For the employers letter for ILR which start date can my employer use in the letter since I have coninously worked for them ?

Should it start from the job start date on Tier 4 or should it start from when the Tier 2 was issued?
The issue is I have continously worked for them for few months on my Tier 4 before they decided i can continue on the role.

I understand the the guideline only require stating if am required in the role for forsee able future , salary and rate of pay and SOC code.

will it be wise to state when the employment started on Tier 2 ?

Kind regards and I will appreciate your help.

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zimba
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Re: Must the Job start date be stated on Tier 2 Employers letter for ILR

Post by zimba » Fri Apr 26, 2019 6:43 pm

There is no need to state a start date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Coache
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Re: Must the Job start date be stated on Tier 2 Employers letter for ILR

Post by Coache » Fri Apr 26, 2019 7:07 pm

Zimba wrote:
Fri Apr 26, 2019 6:43 pm
There is no need to state a start date
Thank you Zimba. I have asked this question just because a lot of people who posted employers letter for ILR on this forum, stated that the person has been working with the firm since xyz.

So I didn't want my employer to state any date that will create confusion.

I don't know if not stating I have been working with them since xyz in the letter matters at all since the COS and previous extensions shows I was working with them.

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zimba
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Re: Must the Job start date be stated on Tier 2 Employers letter for ILR

Post by zimba » Fri Apr 26, 2019 7:24 pm

You are expected to have a letter as per ILR rules not what others do
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Coache
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Urgent Input on ILR application

Post by Coache » Fri Sep 13, 2019 3:32 pm

Hi Guys,

Please read below and advise me if jobs done whilst on Tier 4 should be captured in an Employer's letter for ILR or if I need this letter to be ammended.
Although I worked as a student during vacation fixed term( temporary subject to Tier 4 expiry date), I started my permanent contract with same employer the day I submitted my Tier 2 application to the UKVI.

This letter has been issued already

I confirm that Xxxx has been employed on a xxxx sponsored Tier 2 Visa since xxxxx and works as a xxxxxxx. He previously worked during end of degree vacation in a fixed-term duration post from xxxx on a temporary basis terminating effectively before Tier 4 expiry and moved to a permanent position since xxxxxx 2014 on Tier 2 working Visa as a permanent xxxxxxx.

I confirm that Mr. Xxxxx is still required in his employment as a full time xxxxx and we have continuing need to employ him for a foreseeable future at xxxx

Mr xxxx current annual Salary is £ which is above the appropriate rate for xxxxx as stated in the codes of practice for Tier 2 sponsors and will be paid for a foreseeable future as he is still required in his job role.

The standard occupational classification (SOC) code for his job is xxx and the Job title is xxxx working hours is 37.5hours per week.

Mr xxxxx is applying for Indefinite leave to remain on the basis of 5 years in continuous employment on Tier 2 (General) route to enable him continue in his job role at xxxxx and I confirm that he is still required in his role for a foreseeable future.


I should be grateful for your positive consideration of his application.


If you require any further information, please do not hesitate to contact me.

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Re: Urgent Input on ILR application

Post by CR001 » Fri Sep 13, 2019 3:34 pm

For ILR based on tier 2 general form SET(O), it is ONLY your tier 2 employment that is relevant.

Why are you trying to complicate things.
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.

Coache
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Re: Urgent Input on ILR application

Post by Coache » Fri Sep 13, 2019 3:41 pm

CR001 wrote:
Fri Sep 13, 2019 3:34 pm
For ILR based on tier 2 general form SET(O), it is ONLY your tier 2 employment that is relevant.

Why are you trying to complicate things.
Thank You CR001, do you think I should ask the employer to base my letter on my Tier 2 Visa start date and remove the Tier 4 when I started during vacation ?

I was also worried because I worked for same employer and Home office may check my tax record and see I started from October but my Tier 2 started from January.

Homeoffice may not know I started first as a student on vacation on a fixed temporary contract and continued after Tier 2 on a permanent contract.

What do you advice ?

Coache
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Re: Urgent Input on ILR application

Post by Coache » Fri Sep 13, 2019 4:10 pm

Coache wrote:
Fri Sep 13, 2019 3:41 pm
CR001 wrote:
Fri Sep 13, 2019 3:34 pm
For ILR based on tier 2 general form SET(O), it is ONLY your tier 2 employment that is relevant.

Why are you trying to complicate things.
Thank You CR001, do you think I should ask the employer to base my letter on my Tier 2 Visa start date and remove the Tier 4 when I started during vacation ?

I was also worried because I worked for same employer and Home office may check my tax record and see I started from October but my Tier 2 started from January.

Homeoffice may not know I started first as a student on vacation on a fixed temporary contract and continued after Tier 2 on a permanent contract.

What do you advice ?
Hi any advice on how to clarify my contracts or should I simply base the employment based on Tier 2 issue date

Coache
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Re: Urgent Input on ILR application

Post by Coache » Fri Sep 13, 2019 6:47 pm

Hi please could you or any one with valuable advice input on my last comment ? I will definitely appreciate.

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zimba
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Re: Urgent Input on ILR application

Post by zimba » Sat Sep 14, 2019 12:53 am

BAsed on the day you became the employee
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Coache
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Re: Urgent Input on ILR application

Post by Coache » Sat Sep 14, 2019 7:00 am

Zimba wrote:
Sat Sep 14, 2019 12:53 am
BAsed on the day you became the employee
Thank you for your reply. If you take a look at the letter I posted, it has multiple statements regarding the employment on Tier 4 and then Tier 2.

I had a transition from student Visa so I dont know if writing when I was employed as a student on fixed term and then when I was employed on Tier 2 as permanent was necessary or will start bringing up more questions on the type of contracts issued.

I am only worried as tax paid to HMRC will start from student employment to Tier 2 employment.

Or should we base the letter on Tier 2 and if HO wants to know why income started earlier they can contact me or my employer.

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talreh20
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Re: Urgent Input on ILR application

Post by talreh20 » Sat Sep 14, 2019 11:20 am

What makes you think that Home office doesn't check applicant's previous tax records? As far as my knowledge is, previous tax records are checked for ILR applications made on points based system.

If you worked when you were student and were permitted to work, then you have nothing to worry about. If you worked full time when on Vacation during your student visa, you are also fine.

Your employers can word the letter as follows:
He started working full time with us from 01/XX/XXXX after he was successfully granted Tier 2 General Visa.

Coache
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Re: Urgent Input on ILR application

Post by Coache » Sat Sep 14, 2019 11:31 am

talreh20 wrote:
Sat Sep 14, 2019 11:20 am
What makes you think that Home office doesn't check applicant's previous tax records? As far as my knowledge is, previous tax records are checked for ILR applications made on points based system.

If you worked when you were student and were permitted to work, then you have nothing to worry about. If you worked full time when on Vacation during your student visa, you are also fine.

Your employers can word the letter as follows:
He started working full time with us from 01/XX/XXXX after he was successfully granted Tier 2 General Visa.
What we are saying is do we state started working on full time on Tier 4 since xxxxxx and then started a Permanent job on Tier 2 from xxxxx after successfully getting Tier 2.

The point here is : is it necessary to state job on Tier 4. Since I was permitted to do fulltime temp job, do I need any statement on Tier 4 also in the letter. It was same job I did as a Tier 4 temporary after vacation that I got lucky to continue on Tier 2 after my application was successful.

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Re: Urgent Input on ILR application

Post by talreh20 » Sat Sep 14, 2019 6:05 pm

As Zimba already stated that there is no need to state the start date on the letter.

Coache
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Re: Urgent Input on ILR application

Post by Coache » Sat Sep 14, 2019 6:59 pm

talreh20 wrote:
Sat Sep 14, 2019 6:05 pm
As Zimba already stated that there is no need to state the start date on the letter.
Hi all,

Just because my employment history is with HMRC, I have made amendment like this. Will this suffix ?

I confirm that Mr xxxxx worked in a temporary post from xxxxxxxx and commenced a permanent employment since xxxxxx on a Tier 2 (General) VISA as a xxxxxxxxx at xxxxxxxxx and has been in continuous employment with xxxxxxxx till date.

Is this complicated ?
CR001 and Zimba can you look at the edited format ?


Thank you all for your help.

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zimba
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Re: Urgent Input on ILR application

Post by zimba » Sun Sep 15, 2019 1:42 am

There is no need for this as repeated several times now
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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