Tier 2 (General) --> ILR Set (O): Planning the process

Hi helpful people!

I'm considering applying for IRL toward the end of the year and hoping to get oriented for a smooth process and catch any potential problems.

Pertinent info:

• Currently on Tier 2 (General) visa with spouse and 2 children
• Current visa expires 19 days after our 5-year anniversary

Current questions:

1. The timing doesn't appear to allow much flexibility, as is. What happens if the current visa expires while the ILR application is pending?
2. Though continued employment should be needed "for the foreseeable future," I get the impression that this is not defined as a specific period of time, and that a statement akin to "worker is still needed" should suffice. Is this a reasonable impression?
3. What might be a reasonable amount of time to give ourselves to work on the application, submit, and gather documents? Is there a possibility of starting online "too soon?"
4. I think that I understand this, but to confirm, with regard to Salary Requirements, under "where you can be paid less," the specific list of codes (e.g. 2111, 2112, etc.) can be paid both less than their "going rate" and £25,600, correct?
5. I gather from various threads that only upon application will the true list of required documents become apparent. Is this correct?

I really appreciate your efforts to help out or point me to other resources!

Read p 48-50 0f the caseworker guidance:
https://assets.publishing.service.gov.u ... 2.0ext.pdf

for the references to the immigration rules (SW...) see:
https://www.gov.uk/guidance/immigration ... led-worker

Ricos wrote: ↑

Sat Sep 11, 2021 4:43 pm

The timing doesn't appear to allow much flexibility, as is. What happens if the current visa expires while the ILR application is pending?

Provided you apply before your present visa expires your T2G leave continues automatically until a decision is made on your application (section 3c).

Ricos wrote: ↑

Sat Sep 11, 2021 4:43 pm

Though continued employment should be needed "for the foreseeable future," I get the impression that this is not defined as a specific period of time, and that a statement akin to "worker is still needed" should suffice. Is this a reasonable impression?

No, although the employer could use a different wording in its letter there is no reason to depart from the wording in the guidance:
The sponsor must confirm they require the applicant to work for them for the foreseeable future, and the applicant will be paid at least the minimum salary in paragraph SW 24.3. for the foreseeable future.

Ricos wrote: ↑

Sat Sep 11, 2021 4:43 pm

What might be a reasonable amount of time to give ourselves to work on the application, submit, and gather documents? Is there a possibility of starting online "too soon?"

you can start the online application at any time, save it, and submit it at the appropriate time.The earliest you can apply is 28 days before you become eligible

Ricos wrote: ↑

Sat Sep 11, 2021 4:43 pm

with regard to Salary Requirements

read the guidance and/or the immigration rules, links above

Ricos wrote: ↑

Sat Sep 11, 2021 4:43 pm

I gather from various threads that only upon application will the true list of required documents become apparent. Is this correct?

this is true but what you'll definitely need are the KOL test certificate, the employer's letter, your passport and possibly your BRP. These should preferably be uploaded with the application and the originals taken to the biometric appointment

Thanks for the links and additional information. My particular case found a rather twisty path through the rules, but I got there in the end!

Can anyone advise about planning for changes to the existing immigration rules?

Are there aspects of the existing rules that automatically update, e.g. on 1 January or 6 April every year?

Are there currently approved rule changes awaiting implementation?

Or less concretely, is there a reliable place to learn about proposed changes under discussion?

All you can do is periodically check the news on immigration websites. Third-party links aren't encouraged here, but sites are easy enough to find, including at the top right corner of this page.

Changes usually come in at the end of a financial year quarter (e.g. April, July, October, January).

With ILR, the main thing people tend to need to watch is the minimum salary for their SOC code. Changes in this might not be publicised, so it's good to check once or twice a year:
https://www.gov.uk/government/publicati ... tion-codes

What do we think of this compromise from HR regarding employment under a fixed-term contract?

Mr XXX has worked for XX since DD MM YYYY and is required for this role for the foreseeable future currently until DD MM YYYY.

Suppose that will suffice for part of a letter confirming I'm still needed?

Ricos wrote: ↑

Wed Dec 15, 2021 5:48 pm

What do we think of this compromise from HR regarding employment under a fixed-term contract?

Mr XXX has worked for XX since DD MM YYYY and is required for this role for the foreseeable future currently until DD MM YYYY.

Suggest the following wording instead:

Mr XXX has worked for XX since DD MM YYYY and is required for this role for the foreseeable future. He is currently on a fixed term contract which we expect to renew.

Unfortunately, I don't think I could get them to agree to that at this point. I suppose that when they process an ILR application, they call the employer to verify the contents of the letter, anyway, right?? It seems like extra work to do this part now, doesn't it?

As alternatives to this ILR application, given I can't seems to exactly meet this particular requirement, I have considered an extension of my current visa to the end of my existing contract. This would only add ~10 months and seems like it wouldn't be cost-effective. We are also considering that my spouse's employer has offered to sponsor a visa if we ever have trouble with mine. Of course, I understand that doing this will restart the ILR clock, so to speak, but her role doesn't have term-limited contracts so will never have this issue.

For these two alternatives, what are the pitfalls? I'm mainly concerned about timing. That is, if I apply for ILR with the existing wording on the letter, and I am refused for that reason, will I have an opportunity/time to try either of those other options? Doesn't this depend on whether my current visa has expired at the time the decision is made? Do applications for either alternative automatically extend the present visa's period of applicability as I understand happens when ILR applications are made?

manci wrote: ↑

Wed Dec 15, 2021 7:57 pm

Suggest the following wording instead:

Mr XXX has worked for XX since DD MM YYYY and is required for this role for the foreseeable future. He is currently on a fixed term contract which we expect to renew.

Ricos wrote: ↑

Thu Dec 16, 2021 8:41 am

Unfortunately, I don't think I could get them to agree to that at this point.

Suggest you try.

"Expect to renew" is not a firm commitment and it may be acceptable to HR.

I'm not against trying that out, so while I await their response, do you have any thoughts about those potential alternatives?

Ricos wrote: ↑

Thu Dec 16, 2021 8:41 am

I suppose that when they process an ILR application, they call the employer to verify the contents of the letter, anyway,

unlikely

Ricos wrote: ↑

Thu Dec 16, 2021 8:41 am

As alternatives to this ILR application, given I can't seems to exactly meet this particular requirement, I have considered an extension of my current visa to the end of my existing contract. This would only add ~10 months and seems like it wouldn't be cost-effective

For an extension you'll need a new CoS as it seems that your contract end date doesn't match the work end date in your current CoS.

Ricos wrote: ↑

Thu Dec 16, 2021 8:41 am

my spouse's employer has offered to sponsor a visa if we ever have trouble with mine. Of course, I understand that doing this will restart the ILR clock, so to speak

If your spouse's employer. or indeed any another licensed employer, sponsors you on the Skilled Worker route and you apply before your present visa, or an extension of it, expires your ILR clock will continue to tick and may be the new employer will provide the letter required for ILR.

Ricos wrote: ↑

Thu Dec 16, 2021 8:41 am

if I apply for ILR with the existing wording on the letter, and I am refused for that reason, will I have an opportunity/time to try either of those other options?

As your visa is still valid for 10 months. If you apply for ILR now and the application is refused your present situation remains unchanged and you are just back to square one and can try other options.

Thanks for your response.

To clarify, sponsorship by my spouse's employer would not be with me as the main applicant. Doesn't a change in main applicant reset the clock?

And to clarify the last issue about a potential refusal in this ILR application, my current visa expires 2 months from now, so I'm more concerned with what I might be able to do in the case of a significant wait for a decision that arrives after the expiration. Would I have the ability to try one of these alternatives in that case? Perhaps, it would be safer to opt for one of these now...except, of course, £££.

Ricos wrote: ↑

Thu Dec 16, 2021 2:33 pm

sponsorship by my spouse's employer would not be with me as the main applicant

If a licenced employer sponsors you on the Skilled Worker route you are he main applicant. If you switch to being your spouse's dependant you don't need sponsorship and, with some exceptions, you can work work anywhere. Only in the latter case will your ILR clock reset to zero

Ricos wrote: ↑

Thu Dec 16, 2021 2:33 pm

And to clarify the last issue about a potential refusal in this ILR application, my current visa expires 2 months from now, so I'm more concerned with what I might be able to do in the case of a significant wait for a decision that arrives after the expiration

Apply using the super priority service.

SUGGEST YOU SEE IF HR WILL ACCEPT THE PROPOSED WORDING OF THE EMPLOYER'S LETTER BEFORE DELVING INTO THE VARIOUS ALTERNATIVES

Thanks for confirming the effect of switching to a different main applicant and sponsor.

I do intend to use super priority, if it is an option at the time of submission, as that would give the best chance to avoid potential complications.

I have asked HR about changing to your suggested wording and am awaiting a response. They usually take a couple of days to get back to me.

For context in any future discussion, I'll add that I become eligible to apply at the end of this month, leaving 1.5 months before my current visa expiration.

At the moment I'm wondering:
1. What consideration should I give to the date on employer-based letters? If for some reason I need to delay the application date, say for a month, does a letter written now become "stale" and need to be reissued?
2. If HR were to refuse adding the suggested "expect to renew" language, do you suppose the existing language would possibly be accepted? Or would that be a deal breaker?

They've come back with, "He is currently on a fixed term contract with the potential to renew." Half measures. What do you think?

The following would be is an improvement on the version they originally proposed and will probably be acceptable to the HO:

Mr XXX has worked for XX since DD MM YYYY and is required for this role for the foreseeable future. He is currently on a fixed term contract with the potential to renew.

Remember that the employer also has to confirm that you will be paid at least the minimum
salary in paragraph SW 24.3. of the immigration rules for the foreseeable future

I'm continuing to press them on this, but they're slow to respond. We'll have to wait and see.

With regard to supporting documents, what considerations should be made with regard to originality and authenticity? I'm thinking of how many items are only available electronically or how in other kinds of applications, we're sometimes asked to have a "professional person" countersign or certify. Is that relevant in this application?

Ricos wrote: ↑

Sun Dec 19, 2021 12:16 pm

I'm continuing to press them on this, but they're slow to respond. We'll have to wait and see.

With regard to supporting documents, what considerations should be made with regard to originality and authenticity? I'm thinking of how many items are only available electronically or how in other kinds of applications, we're sometimes asked to have a "professional person" countersign or certify. Is that relevant in this application?

All digital evidence is now accepted. No need for certifying, etc

Thanks, Zimba.

As an update, HR have responded, they don't feel comfortable saying "foreseeable future." They now say that I would need a firm commitment of a contract extension in order to say "expect to renew" (instead of "potential to renew"). Unfortunately, we won't have such funding information until well after my visa expires.

Of course, I don't see exactly how that would change things. Any extension to a term contract will have an end date and, in their view, preclude the use of "foreseeable future."

End of the road?

With another push, I've now got the two key words:
"Mr XX has worked for XX since DD MM YYYY on a fulltime basis, and is required for this role for the foreseeable future currently until DD MM YYYY. He is currently on a fixed term contract with the potential to renew."

How's that, then?

Sounds good to me

Ricos wrote: ↑

Mon Dec 20, 2021 3:17 pm

With another push, I've now got the two key words:
"Mr XX has worked for XX since DD MM YYYY on a fulltime basis, and is required for this role for the foreseeable future currently until DD MM YYYY. He is currently on a fixed term contract with the potential to renew."

How's that, then?

You finally got there, not so reasonable of the work place. This should be alright.