If ILR application fails, does it impact my tier 2 visa?

[oegstgeest]

Hi

I am entitled to apply for ILR in Dec next month (under my 5-year work permit). But for some reason I will have to apply for another tier 2 (employer sponser) to give me 3 more years to stay. However, I still don't want to give up my ILR application and don't want to wait for another 3 years. I am wondering if any one can help me with these questions here:

1. If I fail the ILR, does it impact my tier 2 visa?
2. If I fail the ILR, does it impact my ILR application 5 years later?
3. When I will apply for ILR, I will be in tier 2 status, in this case, can I combine my tier 2 salary + work permit salary to submit my applicatopms?

I am so desperate and really need some advices.

thank you!

[Amber]

If you qualify for ILR why are you applying for another extension, please explain?

[oegstgeest]

Hi Amber

The reason is, I was under-paid for a while by my current employer. I have another sponser who is willing to sponse me for another tier 2. So that I can stay longer and have more payslips from the new employer. I hope I can "wash out" the under-paid payslips and use the new ones. But i am not sure if this works.

Besides, I heard there won't be any chance to appeal of ILR if we do the premium same-day service. Is that true? My soliciltor seemed not know this.

[Hammers84]

You need to prove that you "are" being paid at the appropriate rate according to the SOC code. I'm not sure if it's a problem if you were underpaid in the past. When you say for a while does that mean for most of the past 5 years?

And I assume if it does get rejected for the sole reason that you employer under-paid you then there is a good chance that employer's Licence will be withdrawn.

Looking forward to some expert opinion on this one.

All the best buddy.