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Tier 2 to ILR - advice required

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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tomridd9
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Tier 2 to ILR - advice required

Post by tomridd9 » Sat Jul 20, 2019 5:57 pm

Hi,

Previous immigration history:
Sep 2012 to Jan 2014 - Tier 4 (got my NI number)
Mar 2014 to Sep 2014 - Student visit visa
Sep 2014 to Aug 2018 - Tier 2 with company A
Aug 2018 to Sep 2020 - Tier 2 with company B

Now applying in Aug 2019 for ILR after 5 years with tier 2.

Here is my question,
While I was with student visit visa, I wasn't allowed to work but due to financial conditions and a little bit of ignorance by both company A and myself, I worked and my employer paid income tax and NI through PAYE. Will it affect my ILR application next month? If yes, then what should I do to make my application successful?

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zimba
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Re: Tier 2 to ILR - advice required

Post by zimba » Sun Jul 21, 2019 8:49 pm

If you worked against the conditions of your visa your ILR could be refused. You cannot get ILR if you did not follow the rules
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

tomridd9
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Re: Tier 2 to ILR - advice required

Post by tomridd9 » Mon Jul 22, 2019 7:47 am

But then after that you can get Tier 2, right?

tomridd9
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Joined: Sat Jul 20, 2019 5:38 pm
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Re: Tier 2 to ILR - advice required

Post by tomridd9 » Mon Jul 22, 2019 7:53 am

Plus, my ILR application is based on my Tier 2 as well. If it is still going to affect then what can I do for that mistake? They don't ask for any details before tier 2. What is my best option here?

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zimba
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Re: Tier 2 to ILR - advice required

Post by zimba » Mon Jul 22, 2019 3:28 pm

It is upto UKVI to exercise discretion. If they believe you worked illegally you may be refused. Your option is to apply and see what happens
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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CR001
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Re: Tier 2 to ILR - advice required

Post by CR001 » Mon Jul 22, 2019 4:07 pm

Note also that if you aim to apply for British citizenship at some point, you have to declare all your employment for 10 years. A breach of visa conditions can also result in a refusal of British citizenship as you would fail the good character requirement.
Char (CR001 not Casa)
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tomridd9
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Joined: Sat Jul 20, 2019 5:38 pm
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Re: Tier 2 to ILR - advice required

Post by tomridd9 » Mon Aug 19, 2019 5:16 pm

The best thing is to provide/tell them what they have asked for and not overcomplicate the application. Thanks for all your replies.

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