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Worried regarding few issues before ILR Application

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).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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GondalUK
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Worried regarding few issues before ILR Application

Post by GondalUK » Tue Jun 30, 2020 11:50 pm

Respected Members,

My ILR is due next month, I need an advice regarding few issues and ups and downs in last 5 years:

Immigration history:
----------------------------------

Tier 4 (General): Entered in country on 18-01-2014 (VISA validity until Nov 2015)


Tier 2 (General) without RLMT - Employer 1:

- VISA application accepted using same day service on 12-08-2015 (14-08-2015 to 14-08-2018 validity on BRP).
- I was initially on 55K salary with job title 'Senior Software Engieer'. After 1 year my salary was increased to 85K due to promotion with job title 'Lead Software Engineer' and I remained in same SOC code but it was not reported to UKVI. After one more year it was increased further to 86K and then it was reported to UKVI with updated salary and job title.
- On February 2018 I had some problems with the company due to which resigned and my last day in company was 12 March, the company reported end of job at the same day.
- Not sure if it's worth mentioning, the company went into adminstration and closed later in May 2018.
- My VISA Tier 2 VISA was curtailed to 31-07-2018


Tier 2 (General) with RLMT - Employer 2:


- I managed to find new sponsor and sent in-time Tier 2 VISA application on 20-07-2018 using Postal priority (10 days service). The salary agreed was 40K.
- After 10 days, recieved a letter that due to exceptionaly complex issues decision on my application will be delayed.
- Further decision was not made until 3 more months and my sponsor widthdrew COS as they was not willing to wait further due to the fact they wanted employee quickly and there was no estimate provided by home office after several contacts. The COS was widthdrawn by sponsor in start start of Septemer 2018.
- My Tier 2 refusal decison was made on 04-12-2018, letter recieved on 06-12-2018.


Tier 2 (General) with RLMT - Employer 3:

- While I was waiting for my application refusal, I managed to find another sponsor.
- I had to rush when I recieved a refusal letter on 6-12-2018 and due to delay in COS I made Administrative Review on 17-12-2018 to buy time.
- Employer assigned new COS on 19-12-2018 and I sent my VISA application next day 20-12-2018 using postal priority.
- New VISA was approved on 28-12-2018 (valid until 12-08-2021)
- My salary with this employer is 50K and I'm still on same salary.


Questions:
----------------------------------

1- I had few ups and downs in my salary with large increase and then large decrease after job change. Will it cause any problem for my ILR application?

2- Also my 1st employer didn't report my salary increase and new job title and it was reported 1 year late, will it cause any problem?

3- From 12-03-2018 to 28-12-2018, for about 9.5 months I was job less and not on any payroll. Will it cause any problem?

4- My Tier 2 refusal was on 4th Dec 2018 and I sent new VISA application on 20th December, Was my 3C leave intact when I sent new VISA application on 20th December 2018 (16th day after refusal date (13th day after decision letter received))? I also had submitted AR on 17-12-2018. I am worried it may have breaked my continuous 5 years on Tier 2? Any idea?

5- What is my 5 years qualifying start date 12th or 14th August 2015? My 1st Tier 2 application was approved on 12th August but BRP says 14th August 2015.

Please provide guidance so I can prepare for my ILR application.

Thanks in Advance

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Re: Worried regarding few issues before ILR Application

Post by Zimba » Wed Jul 01, 2020 12:06 am

I see no issues at all. 12th August 2015 is the start of your qualifying period
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Wed Jul 01, 2020 12:09 am

Zimba wrote:
Wed Jul 01, 2020 12:06 am
I see no issues at all. 12th August 2015 is the start of your qualifying period
Hi Zimba, Thanks for your response and advice.

Not sure what happended to my post? It seems that it's merged with my old question that I had posted on behalf of my friend? This question is for myself and old post was for my friend, two different cases.

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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Fri Jul 03, 2020 6:43 pm

I have passed liuk test today and ready to fill SET(O) ILR application form and start preparing supporting documents, I have few more questions. Please guide:

Question 1:

From April 2014 to Dec 2017, I was a member of robotics research group (a volunteer role) and I travelled number of times to different countries to attend robotics competitions/conferences. Some of my travel was personal trips and other for competitions. Do I need to provide absense letters for all foreign travel? even the travelling before Tier2 when I was on Tier4?

Just want to mention that I used my annual holidays allowance for these trips and these trips were authorised by my employers.

Following are the details about when I travelled:
Travel during Tier 4:
Year          Exit from UK	 Entry in UK	No. of Days	Reason of Travel
2014                             18/1/2014	                First Entry to UK
	        16/7/2014	 29/7/2014	 13	        Robotics Competition
	        30/7/2014	 4/10/2014	 67	        Personal trip
	        28/11/2014	 1/12/2014	 3	        Robotics Competition
2015	        14/1/2015	 9/2/2015	 26	        Personal trip
	        8/4/2015	 16/4/2015	 8	        Personal trip
	        21/4/2015	 27/4/2015	 6	        Robotics Competition
	        21/5/2015	 8/6/2015	 18	        Personal trip
	        14/7/2015	 27/7/2015	 13	        Robotics Competition

Travel during Tier 2:
2015	        23/9/2015	 5/10/2015	 12	        Personal trip
	        26/11/2015	 7/12/2015	 11	        Personal trip
2016	        2/4/2016	 10/4/2016	 8	        Robotics Competition
	        9/5/2016	 16/5/2016	 7	        Personal trip
	        27/6/2016	 5/7/2016	 8	        Robotics Competition
2017	        22/7/2017	 7/8/2017	 16	        Robotics Competition
2019	        4/4/2019	 23/04/2019	 19	        Personal trip	


Total Days I was away from UK: 235


Question 2:

My 1st Tier 2 VISA application was approved on 12 August 2015, and my current Tier 2 VISA from 2nd employer is expiring on 12 August 2021.

I am completing 5 years on 12 August 2020, can anybody please confirm when I can apply earliest? Is it ok if I apply on 15th July 2020 which is 28 days before when my 5 years are completing?


Question 3:

I have been doing 2nd part-time jobs (Upto 20 hours per week) in same SOC:

1st part-time Job in 2015-2016 for about 6 months for second company while on Tier 2 VISA. (20 hour sper week)
2nd part-time Job in 2017 for about 3 months for second company while on Tier 2 VISA (20 hour sper week)

Just checking if this can cause any issues for my ILR or do I need to provide any payslips/P45 from those companies?

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Re: Worried regarding few issues before ILR Application

Post by Zimba » Fri Jul 03, 2020 7:47 pm

1. All your absences from work must be authorized by your sponsor.
2. 15 July is fine
3. It is fine
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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Fri Jul 03, 2020 8:22 pm

Thanks for the advice Zimba, all the absenses from work during my travel was authorised and taken from (annual holidays). I already got a letter from my 1st employer. I will get a letter from 2nd employer for my absense during that employment.

While filling SET (O) form, it ask to enter all absenses from the UK, so I have to enter all travel history including 8 trips (154 days) out of UK before Tier 2 when I was on Tier 4 VISA.

As these are lot of days and I will be providing these details in my application, shall I provide any letter from Unversity?

Most of these trips were during semester breaks when I was studying.

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Re: Worried regarding few issues before ILR Application

Post by CR001 » Fri Jul 03, 2020 8:38 pm

If you are applying on set o, your absence on tier 4 is irrelevant. Set o absence list is only relevant to your time on tier 2.
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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Fri Jul 03, 2020 8:57 pm

Thanks for explanation, I understand.

Following is the question in SET (O) application form:
"Since you first entered the UK, have you had any absences from the UK?"

According to above, I need to provide details about all absenses during Tier 4 and Tier 2.

So I should enter all travel history in application form but the absenses during Tier 2 should be listed and confirmed as authorised on the letter from sponsor?

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Re: Worried regarding few issues before ILR Application

Post by CR001 » Fri Jul 03, 2020 9:12 pm

Fairly certain the questions also asked "the period of leave you are applying on" or something similar.

Your absence on tier 4 is completely irrelevant to ilr based on 5 years PBS route.

Tier 4 absence would only be relevant if applying for ilr based on 10 years long residnece, which you are not
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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Fri Jul 03, 2020 10:49 pm

>> Fairly certain the questions also asked "the period of leave you are applying on" or something similar.

Thanks for your response CR001. I am copying the text from application form below and there is no instruction that I should only provide absences details for only Tier 2 period. It ask for all absences since I first entered the UK.

I am worried that if I don't provide absence details from my Tier 4 then I am hiding information which may impact my ILR application. Please anybody advise the best way to proceed?


Following are some related questions on SET (O) Application form:

----------------------------------------------------------------------
Date you first entered the UK

When did you first enter the UK? (Required)
This is the date you entered the UK when the period of stay you are basing this application on started.
Day
Month
Year

----------------------------------------------------------------------
Time spent outside the UK and Crown Dependencies

Since you first entered the UK, have you had any absences from the UK? (Required)
This includes any absences however short. Do not include travel to Crown Dependencies.
Yes
No

----------------------------------------------------------------------
Details of your time spent outside the UK and Crown Dependencies (16)

Which countries did you visit or travel through when absent from the UK and Crown Dependencies? Type the name of a country; use the arrow keys to navigate and 'enter' to select one.
You will be able to add additional details of time spent outside the UK after you click 'Save and continue'.

When did you leave the UK and Crown Dependencies? (Required)
Enter date in the format DD MM YYYY
Day
Month
Year

When did you return to the UK and Crown Dependencies? (Required)
Enter date in the format DD MM YYYY
Day
Month
Year

What was the reason for this time spent outside the UK and Crown Dependencies?
Provide reasons, including if you were travelling through, for each country you spent time in during this period of absence

----------------------------------------------------------------------
Evidence of your absence from the UK and Crown Dependencies

What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies? (Required)
You can select more than one option.

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

Letter from applicant detailing any exceptionally harsh consequences to them caused by the change in the way absences from the UK are counted

Official documents: (e.g. medical, birth or death certificates)

Letter from travel companies to evidence disruption to travel

Other

What evidense do I need to provide?

Evidence of all work-related absences (including paid annual leave) is required from those applying under:

Tier 2 (Intra-Company Transfer)
Tier 2 (General)
Tier 2 (Minister of religion)
Tier 2 (Sportsperson)
Other permitted employment categories – except Tier 1

If you are applying in one of these categories, you must not have had absences from the UK of more than 180 days in any 12 months. For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods.

If your qualifying period includes leave granted under the Immigration Rules in place before 11 January 2018, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your settlement application.

For example, you apply for settlement on 30 June 2020. Your continuous period includes the following grants of leave:

One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. We will not include any absences from the previous grant of leave when we assess this.
----------------------------------------------------------------------

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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Sun Jul 05, 2020 12:13 am

I have one more question, After I have filled SET (O) ILR application, there is a list of documents in one section and I am confused regarding one item. Please see below:

1- Evidence of Mr xxxx immigration status in the UK
2- Current Biometric Residence Permit for Mr xxxxxxxx

The 2nd items need BRP as this is Biametric Residence Permit and it is also the evidence of my immigration status. This is my understanding that BRP is enough for above both documents but if I am wrong and need to provide any further document for item 1, please anybody confirm?

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Re: Worried regarding few issues before ILR Application

Post by CULLINAN » Sun Jul 05, 2020 12:39 am

1) The date you entered on your Tier 2 Visa OR if it was applied in UK, the date of Tier 2 initial visa grant. Your absences will count from there only that is your qualifying period of 5 years on Tier 2. You dont need to mention any absences before that.

2) BRP is sufficient for both.

Note: Admin’s please delete personal information about OP in the last post.
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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Sun Jul 05, 2020 11:05 am

Thanks for your advice CULLINAN.

I have another question, I know the tax matters are responsibility of Sponsor (while on Tier 2 VISA) but I am bit worried about few mistakes which were made by accountants during my jobs.

1st Tier 2 Sponsor:
The accountant made a mistake and posted my last salary to HMRC 2 times, so the 2nd salary posted appears in HMRC records (according to my personal tax account)but I never received that salary actually and it was a mistake.

I informed my employer about the issue and according to them they raised this issue with HMRC. I was not more working for the company and later company went into admintration and closed. While company was in the process of adminstration I tried to contact HMRC and explain all situation and even informed them of this issue in writing but they replied that company in question can only make the adjustment to fix this issue. So this issue is still unresolved on my tax file and company is already desolved.

Part-time jobs:
There are some other simialr mistakes as well for one month when I was working part-time for 2nd employer on Tier 2 VISA, but after contacting HMRC and my employer those issues were resolved.

Question:
Is this something which may affect my ILR application? Shall I provide information about this issue in a covering letter or this is not any problem?

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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Tue Jul 07, 2020 6:23 pm

Further to my last, my employer sent electronically signed letters for endorsement of electronic payslip. The other two letters which confirm UK absences and future employment for foreseeable future are also electronically signed and sent by email. There are contact details like official email address and phone number printed on letter in the case if UKVI has any queries.

My question is that, are these electronic letters acceptable by UKVI for ILR?

Following is what I can find from Tier 2 guide, they ask for company headed paper but no mention if they can accept electronic headed letter:

https://assets.publishing.service.gov.u ... gov-uk.pdf

For Letters:
------------------------------
To grant indefinite leave to remain inany of these categories,the employer must confirm in writing, on company headed paper, that they still need the applicant to be employed in the job in question for the foreseeable future.

For Payslips:
------------------------------
The payslip must:

- be the most recent given and be dated no earlier than 31 days before the date of the application
- be the formal payslip issued by the employer which clearly shows the employer’s name

If the payslip is a printout of an online payslip the applicant must provide a letter on company headed paper from the employer and signed bya senior official, confirming the information on the payslip is accurate -this letter canbe posted, faxed or scanned and emailed to you.

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Re: Worried regarding few issues before ILR Application

Post by GondalUK » Wed Jul 08, 2020 12:56 pm

Thanks for everybody who helped.

Regarding question 1 above, I found a similar case on this forum where ILR was granted without problem even though there was tax issues for two years period (where tax was not paid even by employer). I have a much smaller issue comparatively, so hopefully this is not going to affect my ILR. Even if there is any problem, I have all documents like payslips and P45 and HMRC conversation records to rectify. Following is the link of that similar case if someone is in similar situation and looking for help.

https://www.immigrationboards.com/indef ... 29711.html


Regarding question 2 above, I was not satisfied with electronically signed letters and requested my employer to provide hard copies of letters with wet signatures and company is going to provide hard copies.

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