Tier2(G):Change of employer-to-ILR-60months,switch confusion

[T2Migrant]

Hi

I am an existing Tier2(G) migrant in UK employed by an MNC at a client in the UK as a project lead at a gross salary of £55,000.
The visa/CoS dates and EC(Entry clearance) dates in UK for MYSELF and my husband and son (dependants) are below:-

Myself:From 31-July-2012 To 30-Aug-2015. Entry in UK on 08-Aug-2012 (after 8 days of stamping)
Husband & son (stamped later):From 03-Sep-2012 To 30-Aug-2015. Entry in UK on 10-Sep-2012 (after 7 days of stamping)

I am aware of the 5 years/60 months route to settlement. However the confusion which has to be resolved is for the dates from the initial issue of my Tier2(G) and the date when I will be applicable for ILR. And the confusion arose because of a simple thing-change of employment and the logistics around dates of switching.
Both me and my new employer want to minimise the hassle; hence this query around dates to prevent further extentions later.

SITUATION:
In January 2014 the client where I am working figured my employer (the Indian MNC) was charging them a daily billing rate of £550. They asked my salary and I told them £55,000. Because I am working there since past close to 2 years now and have proven myself well- they asked me if I would have objections switching to them as a permanent employee. Naturally I said YES and they projected that they could offer me upto £72,000 which I was too happy with!

However the funny thing was that they were NOT even licenced sponsors then! But because I report dotted line to the CTO- they agreed to become sponsors just for me- as they saw that they would save a huge amount even if they pay me £72,000 as my billing rate was increased to £700 per day from 1 March 2014 by my existing employer.

They became licenced sponsors on the 28th of May and now ready to sponsor me. Also they are aware of the mandatory RLMT for me and ALSO aware they will have to assign an Unrestricted CoS to me; as I am already in UK on a Tier2(G). My existing employer has no issues me getting employed by the client as they cannot afford to pay me a salary of £72,000 pa.

PROBLEM STATEMENT: Neither myself (and my family) NOR my new employer want to go into hassle of a further extention of Tier2(G) after the issue of the new Tier2G/Cos.

We all want that this next issue will lead to an ILR- this is to save hassle of logistics another extention and also to save the extention costs for me borne by employer and the costs for my husband & son (borne by me). That will save them possibly £1000 and me possibly £2000 (for another T2 extention).

My employer is ready to issue me a 3 years Cos-but because they have just become sponsors- they are CONFUSED which will be best date for them to do the RLTM and to assign Cos to me-so that that 'clubbed' with my initial EC from first Cos leads to ILR and no further extension is required for me or for my family.

Also, they want to wait 'No Later' that 1st of August 2014 to take me on their payrolls;to save costs perhaps and perhaps they have a valid unallocated cos which will expire if not allocated by August 2014, as they donot have anyone else to sponsor/assign the Cos to.

To cut a long story short:: IF they do the RLMT in July and assign me a Cos wef 1-Aug-2014 for 3 years; will that lead me to be applicable for ILR at the end of that Cos' given my initial Cos allocation is 31-July-2012 and EC date is 8-Aug-2012? I believe if they assign me Cos on 1-Aug-2014 for 3 years; that will lead to my Cos end date as 30-Aug-2017 (as my current leave till 30-Aug-2015 will be curtailed and I will get a 3 years Cos starting 1-Aug-2014). Am I Correct???

BUT if my Cos end date would be 30-Aug-2017 after assign of a new Cos; will it lead to ILR 'without' a further extention for me and my family; as their first EC date in UK as dependants is 10-Sep-2012 and if they change as my dependants on new Cos- they will have their Cos end dates as probably 30-Aug-2017 (SAME AS MY COS).

Am I correct or incorrect/un-duly worried- as its better to plan/negotiate on dates- rather to get another hassle of extention after 3 years- as I WANT that all of us as a family should be eligible/apply for ILR together; after 3 years without further extentions etc. Also I dont want any gap/shortfall of days etc.

Thus; I would appreciate a reply- that given my earlier EC/Cos dates for me and family in 2012-as mentioned at the START of the post-What will be the best dates for my employer to proceed for RLMT and assignment of Cos- so that it is LEAST hassle after 3 years to attain ILR for me as well as my dependants without further extention costs etc. Ironically, it is me who has to give these dates to my new employer- they being ignorant about these matters- and I have to preserve interests for me and family!
Also I believe Cos allocation is a 15 minutes job and if I give them a start date good for them and us- they can assign that in their SMS system as that date and that will be all to do??

Thanks!

[T2Migrant]

Hi

Sorry about perhaps my long post- but I DO need a reply - appreciate if someone reverts, as though it may sound like a simple query, it has me and my Tier2 employer bogged down, because of the dates issue as mentioned and we dont want another extention after transfer to the new employer...

Thanks...

[moonlight55]

A short answer to ur query - Your 5-year period will commence from the date of your first stamping and not entry since its within the stipulated 90 days as perILR requirement (This is as per the rules today; it may undergo a change later).

[T2Migrant]

Thanks moonlight55-yes I am aware of 90 days concession; but my doubt is regarding the date of 'new issue of Tier2' from my new employer and the worry around my dependants who gor thair visa later than me.

Myself:From 31-July-2012 To 30-Aug-2015.
Husband & son (stamped later):From 03-Sep-2012 To 30-Aug-2015.

If I get transferred to my NEW employer's payroll on the 1st of August 2014 with a new 3 years Cos- my new CoS end date would be (initial date + 3 Years) which is 01-Aug-2017. Which, if I go by my FIRST CoS start date of 31-July-2012- Will give me 4 years11 months stay.

But if I look at my dependants Stamp date as 03-sep-2012; they will also get a new end date as 01-Aug-2017, based on my NEW CoS end date.

Will that make them eigible for ILR as well along with me without a further extension- that is my main doubt and query?

thanks...

A short answer to ur query - Your 5-year period will commence from the date of your first stamping and not entry since its within the stipulated 90 days as perILR requirement (This is as per the rules today; it may undergo a change later).

[T2Migrant]

Thanks moonlight for the previous reply, but appreciate if you or someone could revert that if I get transferred to my new employer on the 1st of Aug 2014 (which will give me valid CoS for three years as 1 Aug 2017)- WILL that gve my dependant husband and child - who have initial ECdate as 03-Sep-2012 an eligibility for an ILR if their Cos end date is (same as me) i.e. 01-Aug-2017? My EC date is 31-July-2012 so my ILR should not be a problem I presume?

Please see initial dates mentioned in my post- basically we DONOT want another extention for our Tier2 after this transfer- and we want that myself as well as my dependant husband & Child should also be eligible together (and file together for ILR).