Applying for ILR without letter from employer

Hi,

I am not sure if everyone was in this situation before. From this year (2019), I believe that they require two letters from your employer
1) To show all the absences which you made during the last 5 years
2) To confirm that you are still required for work for a foreseeable future

My tier-2 visa is valid for 6 years while I would like to apply for the ILR after 5 years (now). However, my employer said that I should apply for it after 6 years and refuse to issue these letters. I am wondering if I can still apply for the ILR without these 2 letters.

Many thanks

This requirement for the letters has been in place for many years. It is nothing new since this year only.

Oh sorry. A friend told me that that document has been required since this year. Even so, what can I do if the employer does not want to issue that letter?

jasongosling wrote: ↑

Wed Sep 18, 2019 8:16 am

Oh sorry. A friend told me that that document has been required since this year. Even so, what can I do if the employer does not want to issue that letter?

Unfortunately the letter is mandatory for the ILR application. Would someone else in HR be able to issue it?

freeman_123 wrote: ↑

Wed Sep 18, 2019 8:19 am

jasongosling wrote: ↑

Wed Sep 18, 2019 8:16 am

Oh sorry. A friend told me that that document has been required since this year. Even so, what can I do if the employer does not want to issue that letter?

Unfortunately the letter is mandatory for the ILR application. Would someone else in HR be able to issue it?

I don't think so. It's a small company and the HR department contains only a few people. It was a decision made by the head of the HR team. Obviously, they fear that I will leave the company after having the ILR so they use it as something to keep me stay with them.

Hi jasongosling,

I have been in a similar situation, but managed to convince HR to do asap. Don't know if you have noticed how Home Office changes the rules and cost of visas latelly...these have been escalating very quickly without any warning.

Also, Brexit without a deal may affect the processing times (which aren't great anyways) and delay a decision forcing you to cancel any trips including visiting family or business trips.

Sorry, but sometimes the guilty trip is the only way. In any case, you are not lying...this is a huge step in your life, very stressfull and sometimes very slow (4 to 6 months). Waiting for the last minute isn't a great idea.

If you are not thinking in leaving, you can always sign an agreement with the company: if you leave in 2 or 3 years, you may need to pay back some of the ammount that costed them to get your IRL (which is my case).

aplinhar wrote: ↑

Wed Sep 18, 2019 9:26 am

Hi jasongosling,

I have been in a similar situation, but managed to convince HR to do asap. Don't know if you have noticed how Home Office changes the rules and cost of visas latelly...these have been escalating very quickly without any warning.

Also, Brexit without a deal may affect the processing times (which aren't great anyways) and delay a decision forcing you to cancel any trips including visiting family or business trips.

1. Absolute nonsense. They do not change the rules and costs that frequently or without notice. HO is required to publish the changes at least 45 days before implementation so your assumption is wholly incorrect. BN often the Statement of Changes is published quite a while before implementation. If visa holders are too lazy to keep on top of changes, don't blame HO.

2. Brexit has NO effect of UK Immigration route applications. Applications also rarely take 4-6 months these days.

The changes were anually before and now they are not anymore. For regular people that are not involved in immigration matters or read weekly HO's website...yes, these changes are very unpredictable.

And Brexit did mean more people getting their setled status/IRL/citizenship where before, migrants from EU wouldn't bother doing. At least that most of my colleagues from EU say.

I know the work you do in this website is unpaid CR001, but don't be that harsh. I do read about the changes and how they affect my friends that came from EU or non-EU.

I will return to my silent mode since all I get from answering this forum is harsh comments.

The changes were anually before and now they are not anymore. For regular people that are not involved in immigration matters or read weekly HO's website...yes, these changes are very unpredictable.

That is not true. The changes are in fact quite minor most of the times and transitional arrangements will always be in place when they are not so that changes do not end up being unfair. Tier 2 rules hardly changed in the past several years

And Brexit did mean more people getting their setled status/IRL/citizenship where before, migrants from EU wouldn't bother doing. At least that most of my colleagues from EU say.

Brexit has no affect on UK based immigration applications. EU applicants will be dealt with at different departments as they are under EEA regulations. No relationship to UK based applications whatsoever. I suggest to ignore the mass hysteria around the issue of Brexit

Zimba wrote: ↑

Wed Sep 18, 2019 10:49 am

Tier 2 rules hardly changed in the past several years

Tier 2 hardly changed? I guess the NHS surcharge, the NHS surcharge part II (from £200 to £400), the Immigration Skill charge (extra £5000 for the company to get you a 5 year visa), the sometimes twice a year raise in visa costs are nothing then.

Guys, I am being serious now: companies do not keep up with these changes as you believe they should do...call it lazy as you did to me. They have better things in their mind, like business being down this year because of God knows what (it's not Brexit apparently) and problems trading with EU since...oh again, God knows what.

There are exceptions were the company does everything for you...but majority doesn't seem to do. I am really sad to be treated as an imbecile who reads facebook fake news, where I read and help my HR with my own visa and from a couple of coworkers for the last 5 years.

IHS or other fee increases are a big problem however they are not specific to Tier 2 at all. Going back to your Tier 2 specific question, I do not see how major changes applied in an unpredictable fashion to Tier 2 and no, employer letter has been a requirement for years.