Form O clarification needed. Please help.

Good evening everyone! Please help me with these queries as follows:

I arrived in the UK in July 2012 on a Tier 2 visa. However when I arrived my employer has declined my employment due to the cessation of my required training in the company. I had to find a new employer. I was able to apply for another Tier 2 visa (change in employment) end of Aug 2012. I did not receive a curtailment letter from the UKBA.

1. Am I eligible to apply for ILR in July 2017? Or should I count my 5 years from when I received my visa with my 2nd employer?
2. My visa will expire in Sept 2018, is it okay to apply in October 2017? Will they be counting my time in the UK from Oct 2012 to Oct 2017?
3. I have changed employers 3 times over 5 years. Do I need to submit documents from my previous employers?
4. Absences from work - Does it include absences from work due to sickness? Or is it entirely related to absence from the UK? And is it absences covering 5 years?
5. English requirement - I submitted evidence with my Tier 2 application previously. Am I still required to resit the English test?

Thank you very much for taking time in reading my post. Your response is highly appreciated. Thank you.

1. Am I eligible to apply for ILR in July 2017? Or should I count my 5 years from when I received my visa with my 2nd employer?

Was your employment terminated or never started initially ? If your employment in the UK only started from August 2012 by your second employer, then you can only apply based on that visa, assuming you had no break in your lawful stay.

2. My visa will expire in Sept 2018, is it okay to apply in October 2017? Will they be counting my time in the UK from Oct 2012 to Oct 2017?

You can apply 28 days before your 5 years is up. Your five years will be determined by you employment/visa history.

3. I have changed employers 3 times over 5 years. Do I need to submit documents from my previous employers?

The time between an employment termination and the day you apply for a new Tier 2 visa must be 60 days or less, otherwise your 5 years is broken.

4. Absences from work - Does it include absences from work due to sickness? Or is it entirely related to absence from the UK? And is it absences covering 5 years?

This is generally absences from the UK, but any extended absence from work needs an explanation.

5. English requirement - I submitted evidence with my Tier 2 application previously. Am I still required to resit the English test?

If the test you submitted is still acceptable by HO, you can rely on it even if it is expired.

Good morning! Thank you for the reply zimba88.

Do I need to sumbit employment letters from previous employers? Or is not necessary? About the absences, is it for the 5-year duration?

Thank you very much!

You need letters giving all absences from UK in the last 5 years. If some of your absences from UK were also during your previous employment, then you do need a letter from previous employers.

londontraveller2011 wrote:Good morning! Thank you for the reply zimba88.

Do I need to sumbit employment letters from previous employers? Or is not necessary? About the absences, is it for the 5-year duration?

Thank you very much!

All absences from the UK during the specified period (5 years)

Hi,

Please help. I need clarification with the following please:

1. A clause found on Section 12G of ILR form O says:

"For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules.", and then a box to tick.
- what documents are required?

2. My previous employer said they could not provide a letter stating my absences outside of the UK, what should I do? What other evidence can I provide?

Thank you very much.