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Tier 2 ILR - Employer letter Date vs Application Submission date

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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ThYl
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Tier2 ILR questions

Post by ThYl » Thu Jul 01, 2021 1:31 pm

Hi board,

This request is with regards to Tier 2 General Visa. If my date of Application was 15 - August-2016 , Date of decision was 19-August-2016 and date when I first started working on Tier 2 Visa was 01-September-2016 with BRP validity Date until 18-Sep-2016 , I have a few questions as follows:

1. Is the wording in the Employer letter mentioning 'need for the role for the foreseeable future' important ? What if it is the company's policy to not mention that in the letter ?

2. When will the continuous residency period start and what Date should be considered to plan the Date of application for continuous residence ? Can the application Date in 2016 (which was 15-Aug-2016) be considered ? Are the leaves needed from this date or from 01-Sep-2016 when I started working on Tier 2 General Visa ?


3. If the Employer can't provide the leaves for 5 years due to changes in the system but I know the leaves I have taken, can it be mentioned in my cover letter ? If I had taken 4 days of unpaid leave during their Tier 2 Visa period, will this break the continuous residency ?

4. During the 5 year period on Tier 2 ILR, if I had worked remotely from abroad for less than 10 days altogether, should the Employer confirm that in their letter ?

I hope someone can please help me with the above questions.

Thank you !

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Re: Tier2 ILR questions

Post by zimba » Thu Jul 01, 2021 7:02 pm

1. Yes it is required under the rules.
2. The date to apply will be: initial visa issue date + 5 years - 28 days
3. Unpaid leave has nothing to do with your continuous stay
4. Not really
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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Re: Tier2 ILR questions

Post by ThYl » Thu Jul 01, 2021 9:33 pm

Thanks a lot for the response Zimba.

A. So, just want to get a clarification on the leaves part. If the company hasn't got a record of my leaves for the 1st 1 year of my Tier 2 visa, due to change in their system, but I have a history of the leaves, can I mention that in a cover letter or should the company confirm it ?

B. Should the leave record be needed from my visa issue date ?

C. Also want to check on the remote working part, it was before the Covid pandemic. Do they cross verify the entry exit stamps in my passport with my leave record ? I hadn't taken leaves on all the days that I travelled outside UK.

Hope you can help me with the above.

Thank you

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Re: Tier2 ILR questions

Post by zimba » Fri Jul 02, 2021 1:23 am

You are overthinking this whole thing. There is no requirement for the employer to confirm every leave. They can simply say that your period of absences from work was approved by them.
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Re: Tier2 ILR questions

Post by ThYl » Fri Jul 02, 2021 9:42 am

That's useful to know. Thank you !

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Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Tue Jul 06, 2021 4:18 pm

Hi Board

I have a quick question.
I hold a Tier 2 General ILR. I will be eligible to submit my Application soon.

Can I submit my ILR application before I get the letter from Employer ? Does the Date on the Employer letter matter for ILR application submission ? I know that it should be within a month of application submission, but can it be after ?

I hope someone can help me with this.

Thank you

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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Tue Jul 06, 2021 4:27 pm

I created this as a new topic, bit not sure why/how it got linked to the previous one. :?

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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by CR001 » Tue Jul 06, 2021 4:34 pm

ThYl wrote:
Tue Jul 06, 2021 4:27 pm
I created this as a new topic, bit not sure why/how it got linked to the previous one. :?
Your topics were merged, online with the forum rules, see link below.

announcements/multiple-posts-will-be-lo ... t5722.html
Char (CR001 not Casa)
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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Tue Jul 06, 2021 4:51 pm

Thank you for letting me know.

This is actually a different question from the previous one mainly with regards to date when I recieve my employer letter.

To explain with a scenario , can I submit the online application now n get the letter from employer next week before my biometrics appointment ?
Or
Should I wait for the letter from employer before I submit my online application ?

Hope you can help me.

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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by CR001 » Tue Jul 06, 2021 5:06 pm

You should wait for the letter. The date of application is the date you submit and pay online and your supporting documents must be dated in or before this date
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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Tue Jul 06, 2021 5:20 pm

That's useful to know, Thank you so much.

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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Tue Jul 06, 2021 9:41 pm

Hi Board

I have an other question on something that I already asked about remote working.
I understand that it is fine to work remotely from outside the UK for short period of time.
But is there a format how this can be mentioned in the employer letter ?
Is it better if my employer mentions in the absences letter that I have worked remotely for 6 days while I was outside the UK or should they just ignore this point totally in the letter and just give the absences for that period ?


I really hope someone can help me with this, so I can let my employer know quickly.

Thank you in advance

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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Tue Jul 06, 2021 11:17 pm

Also, I have 1 other question with regards to Immigration history outside the UK that I'll have to mention in the Application form :

I was on Tier 1 Dependant visa from 2014 and switched over to Tier 2 General in 2016.
Between 2014 to 2016, the only time I travelled outside UK was for my Tier 2 Visa application.

I am basing my ILR application on Tier 2 General visa.

In the online applivaton form, am I right in thinking that -

1. Date when I first entered UK should be the Date I entered using Tier 2 visa ?

2. Should I mention my travel history outside UK between 2014 to 2016 which was for Tier 2 Visa application? (considering that it was the only time I travelled outside UK and I am applying my ILR based on 5 year residency on Tier 2 )
Or is it better off not mentioning ?
Should my employer mention even that in the absences letter ?

Please help.

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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by zimba » Tue Jul 06, 2021 11:55 pm

1. Does not matter what date you put
2. Only absences in the last 5 years matter
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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Wed Jul 07, 2021 2:51 pm

Thank you so much for responding.

Also, 1 quick question , due to the pandemic everyone are working remotely. So,

In the Employer letters, do we need a wet signature ?
Can the HR sign digitally and send a copy over ?
Or can someone else sign on the He's behalf from my company like my manager ?

Please help.

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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by zimba » Wed Jul 07, 2021 4:14 pm

No need for a physical letter
The eligibility rules (paragraph SW 24.1.) require the sponsor to still hold a Skilled
Worker licence. 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. The sponsor should not
assign a new CoS for this purpose – an e-mail or letter is sufficient, as long as it can
be verified with the sponsor if necessary.
https://assets.publishing.service.gov.u ... 2.0ext.pdf
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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by AmazonianX » Wed Jul 07, 2021 6:43 pm

ThYl wrote:
Wed Jul 07, 2021 2:51 pm
Thank you so much for responding.

Also, 1 quick question , due to the pandemic everyone are working remotely. So,

In the Employer letters, do we need a wet signature ? No
Can the HR sign digitally and send a copy over ? Yes
Or can someone else sign on the He's behalf from my company like my manager ?
Please help.

ThYl
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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Wed Jul 07, 2021 8:16 pm

Thanks a lot for confirming Zimba, AmazonianX

ThYl
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Re: Tier 2 ILR - Employer letter Date vs Application Submission date

Post by ThYl » Mon Aug 16, 2021 4:50 pm

Just want to update that I have got my ILR.
Thanks a lot Zimba and CR001 , AmazonianX. Your inputs were very useful. :D

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