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Typical for Employers to Pay for ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mallysays
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Typical for Employers to Pay for ILR?

Post by mallysays » Sun Aug 04, 2019 12:58 am

Hi all, I'm brand new to the forum. Thanks for taking the time to read this and apologies if something similar has been asked already.

I am an American citizen employed on a Tier 2 (general) visa, and this November I will be approaching my 5 years in the UK. In the last 5 years, I have been employed by the same employer doing the same role with the required income needed for ILR. What's unclear to me now is what happens come November.

The HR person in our office is absolutely inept and when I brought this up to give them some advance notice of my visa status (because they themselves don't track it), the HR person said they had no idea and I'd have to call the Home Office to figure out what to do. The HR person said that the company wouldn't pay for ILR, because this HR person in particular, who is a European citizen, recently got their British passport which the company did not pay for. In my head I was thinking - "yes, because for YOU, the British passport was optional and not required for you working here, versus my visa is required for me to work here" But nevermind - I'm trying to stay on HR's good side while I figure out what to do next. :lol:

Looking on the gov's website, it says applying online for ILR can take up to 6 months. What's unclear is:

1) If I only have 3 months between now and November, what happens to me in those 3 months that they are still processing my application?

2) How early before my visa expires can I apply? If I apply now, technically I haven't completed the 5 years. If I wait till I complete the 5 years in November then I won't have had enough time to apply and I'd be here without a valid visa

3) If the application does take 6 months and they require my US passport, does that mean I cannot travel outside of the UK for that time?

If the company does not want to pay for my ILR, could they at least pay for 1 more year of the Tier 2 general visa and I would apply on my own time and money for the ILR? Or do you have to go for ILR once you've done 5 years?

My company still needs my role and I plan to continue working for them. So would they be expected to pay for the visa? Also, the Gov website says the company will need to provide a letter that I'm needed to work. Is that necessarily the case - come November I'd have been living here for 5 years anyway, so do I really need the company's letter?

Thanks for all your help!

M

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CR001
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Re: Typical for Employers to Pay for ILR?

Post by CR001 » Sun Aug 04, 2019 7:33 am

1) If I only have 3 months between now and November, what happens to me in those 3 months that they are still processing my application?
Nothing changes in terms of your Tier 2 visa until you apply for ILR.
2) How early before my visa expires can I apply? If I apply now, technically I haven't completed the 5 years. If I wait till I complete the 5 years in November then I won't have had enough time to apply and I'd be here without a valid visa
You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date.
3) If the application does take 6 months and they require my US passport, does that mean I cannot travel outside of the UK for that time?
It doesn't take 6 months anymore. It is 8 weeks standard service or Super Priority service which is usually a decision within 24 hours. You don't submit any original documents anymore. Everything is scanned and uploaded for your UKCVAS Sopra Steria appointment (biometric enrolment and document check). You cannot however travel while your application is pending as this will mean your application is withdrawn.
If the company does not want to pay for my ILR, could they at least pay for 1 more year of the Tier 2 general visa and I would apply on my own time and money for the ILR? Or do you have to go for ILR once you've done 5 years?
Companies rarely pay for ILR. It is usually the applicant that pays the fee. You can extend your Tier 2 for another year if that brings you to the 6 years max you can be on tier 2.
My company still needs my role and I plan to continue working for them. So would they be expected to pay for the visa? Also, the Gov website says the company will need to provide a letter that I'm needed to work. Is that necessarily the case - come November I'd have been living here for 5 years anyway, so do I really need the company's letter?
No they are not 'expected' to pay your visa fees. There is nothing in their sponsor responsibilities that state they must do this. The employer letter for ILR stating you are required for the foreseeable future and stating your absence and employment details is mandatory.
Char (CR001 not Casa)
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Expat2009
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Re: Typical for Employers to Pay for ILR?

Post by Expat2009 » Mon Aug 05, 2019 3:12 pm

Employers generally don't pay for ILR. However, that doesn't mean it's not worth trying - My employer paid for the Super Priority application.

You'll need to put a good business case to justify your worth to the company. I basically told my employer that I couldn't legally work for them after my current Tier 2 visa expired (which is true). I further explained that I also couldn't afford the ridiculously expensive fee, so I had no choice but to look for sponsor who'd pay whether it's them or someone else in the market. I was bluffing...but it worked :twisted:

In exchange, I have to work for them for an agreed time. If I leave before that period, I will have reimburse the company with a percentage of the fee. You could also use this arrangement. I think it's fair on both parties - the company gets it's investment back in form of a stable resource or a portion of the fee back. :)

mallysays
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Re: Typical for Employers to Pay for ILR?

Post by mallysays » Fri Aug 09, 2019 6:19 pm

CR001 wrote:
Sun Aug 04, 2019 7:33 am
1) If I only have 3 months between now and November, what happens to me in those 3 months that they are still processing my application?
Nothing changes in terms of your Tier 2 visa until you apply for ILR.
2) How early before my visa expires can I apply? If I apply now, technically I haven't completed the 5 years. If I wait till I complete the 5 years in November then I won't have had enough time to apply and I'd be here without a valid visa
You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date.
3) If the application does take 6 months and they require my US passport, does that mean I cannot travel outside of the UK for that time?
It doesn't take 6 months anymore. It is 8 weeks standard service or Super Priority service which is usually a decision within 24 hours. You don't submit any original documents anymore. Everything is scanned and uploaded for your UKCVAS Sopra Steria appointment (biometric enrolment and document check). You cannot however travel while your application is pending as this will mean your application is withdrawn.
If the company does not want to pay for my ILR, could they at least pay for 1 more year of the Tier 2 general visa and I would apply on my own time and money for the ILR? Or do you have to go for ILR once you've done 5 years?
Companies rarely pay for ILR. It is usually the applicant that pays the fee. You can extend your Tier 2 for another year if that brings you to the 6 years max you can be on tier 2.
My company still needs my role and I plan to continue working for them. So would they be expected to pay for the visa? Also, the Gov website says the company will need to provide a letter that I'm needed to work. Is that necessarily the case - come November I'd have been living here for 5 years anyway, so do I really need the company's letter?
No they are not 'expected' to pay your visa fees. There is nothing in their sponsor responsibilities that state they must do this. The employer letter for ILR stating you are required for the foreseeable future and stating your absence and employment details is mandatory.
Thanks very much for your thorough answer, that is mostly clear. Only bits I need clarification on are:

1) Why is the employer letter required? Even if I didn't plan on staying with my employer, I will have been in the UK for 5 consecutive years in employment for the duration of this time. Could I not just submit (and pay) for ILR on my own without this letter?

2) Annoyingly, I do have travel planned towards when my application needs to be submitted. If I submit the application while I am away and then come back (I will only be gone for 10 days) will it still be valid?

Thanks for your help!

mallysays
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Re: Typical for Employers to Pay for ILR?

Post by mallysays » Fri Aug 09, 2019 6:20 pm

Expat2009 wrote:
Mon Aug 05, 2019 3:12 pm
Employers generally don't pay for ILR. However, that doesn't mean it's not worth trying - My employer paid for the Super Priority application.

You'll need to put a good business case to justify your worth to the company. I basically told my employer that I couldn't legally work for them after my current Tier 2 visa expired (which is true). I further explained that I also couldn't afford the ridiculously expensive fee, so I had no choice but to look for sponsor who'd pay whether it's them or someone else in the market. I was bluffing...but it worked :twisted:

In exchange, I have to work for them for an agreed time. If I leave before that period, I will have reimburse the company with a percentage of the fee. You could also use this arrangement. I think it's fair on both parties - the company gets it's investment back in form of a stable resource or a portion of the fee back. :)
Good advice! Unfortunately I don't think it'll work in my case as my company went through a lot of layoffs and I don't know if they'd be willing to fork the bill for this. May be worth a shot though...

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Re: Typical for Employers to Pay for ILR?

Post by CR001 » Fri Aug 09, 2019 6:42 pm

1) Why is the employer letter required? Even if I didn't plan on staying with my employer, I will have been in the UK for 5 consecutive years in employment for the duration of this time. Could I not just submit (and pay) for ILR on my own without this letter?
The employer letter is mandatory as stated in the immigration rules. The requirement for ILR based on tier 2 is the 5 years qualifying period AND being employed and needed for the 'foreseeable future' by the sponsor AND on the required salary of at least £35,800pa or what is stated in your SOC, whichever salary is HIGHER.

indefinite-leave-to-remain/employer-let ... 76413.html

indefinite-leave-to-remain/employer-let ... 52143.html
2) Annoyingly, I do have travel planned towards when my application needs to be submitted. If I submit the application while I am away and then come back (I will only be gone for 10 days) will it still be valid?
Apply when you have returned as you are required to complete all your absences in the form.
Char (CR001 not Casa)
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Re: Typical for Employers to Pay for ILR?

Post by O_Relly » Fri Aug 09, 2019 8:24 pm

Expat2009 wrote:
Mon Aug 05, 2019 3:12 pm
Employers generally don't pay for ILR. However, that doesn't mean it's not worth trying - My employer paid for the Super Priority application.

You'll need to put a good business case to justify your worth to the company. I basically told my employer that I couldn't legally work for them after my current Tier 2 visa expired (which is true). I further explained that I also couldn't afford the ridiculously expensive fee, so I had no choice but to look for sponsor who'd pay whether it's them or someone else in the market. I was bluffing...but it worked :twisted:

In exchange, I have to work for them for an agreed time. If I leave before that period, I will have reimburse the company with a percentage of the fee. You could also use this arrangement. I think it's fair on both parties - the company gets it's investment back in form of a stable resource or a portion of the fee back. :)
This is completely at the discretion of the company and comes down to your manager who is responsible for approving your budgets, salary increase et. all.

The HR is just there to deliver the bad news. They don't have authority over this although they may seem to portray that.

In my workplace, it is dealt in a case to case basis. For eg., I know 1 employee who put the company in a spot. He didn't give the company any notice, waited till the last minute and said unless the company paid for the ILR of him and his family of 5 (including himself) he would have to leave the country and he didn't have the funds to pay by himself.

The company consulted with lawyers and ended up paying. He was also someone his manager decided was required.

I believe there was an arrangement that he would stay for a certain time period and if he left within, he would have to payback a certain percentage depending on timing.

In another case an employee 'asked' if the company would pay, 3 months in prior and the answer was no.

In most cases, companies are unaware and it isn't black n white.

My view, would be to speak to your line manager.
Cheers,
OR

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Re: Typical for Employers to Pay for ILR?

Post by mallysays » Tue Sep 03, 2019 3:44 pm

Thank you all for your input.

As far as I can see, the company is not required at all to pay, which is understandable. However, if they decide to extend my Tier 2 for one more year, they will be paying minimum £1500 (inc. priority appointment). I'm wondering if it's reasonable to instead ask them to put this cost towards my ILR as one way or another, they'll have to spend this amount anyway. If they put forward the 1,500, I'd just pay the rest on top of ILR.

I've sent our HR person in charge of work visas several emails about what the company wants to do (ILR or visa) and they've ignored all 3 emails (they are an atrocious HR person always gossiping about other employee's private details) but that's another matter. At this point, I'm thinking I'm just going to apply for ILR on my own as I would like to be a permanent resident before the Brexit crap hits the fan. Has anyone tried this, or do companies just prefer to extend work visas?

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Re: Typical for Employers to Pay for ILR?

Post by CR001 » Tue Sep 03, 2019 3:48 pm

This really isn't an immigration question. Your sponsor has no obligation to pay anything towards your ILR if they choose not to. For an extension it is different if they choose to pay something towards the costs (not many do) as they are sponsoring you. Once you have ILR, they are no longer your sponsor.

You should also be mindful of the fact that you need 2 letters specifically from them for your ILR and pissing them off with repetitive requests when they have already said no, is likely not going to help you.
Char (CR001 not Casa)
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mallysays
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Re: Typical for Employers to Pay for ILR?

Post by mallysays » Wed Sep 04, 2019 9:02 am

Hi,

I appreciated your initial responses but I don't understand why your tone is so aggressive. You are a moderator here so I imagine part of a function of a moderator is also to help make new members feel comfortable - or at the very least not speak to them rudely.

FTR the HR person never definitely said they wouldn't pay - they told me to "call the Home Office to figure it out." Meanwhile, the finance person who used to run the visa processes is heavily pushing for ILR, and said to wait to find out what the budget was when I mentioned I could cover the cost, as he said they might have budget for the whole cost. That's why I'm asking if anyone has experience with this. The company paid already twice - first for my initial Tier 2 visa, then again for the extension. So if they're paying again for one more extension it might be worth making the case that that money could be put towards ILR instead.

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