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Tier 2(General) to ILR
Posted: Mon Sep 11, 2017 10:44 am
by kk1612
Hi,
Can experts help me, please?
I switched from PSW visa to Tier 2 general visa.
First Tier 2 General Visa
Valid from: 15-March-2013
Valid till: 14-April-2016
Extended Tier 2 General Visa
Valid from: 13-April-2016
Valid till: 15-March-2019
When does my ILR qualifying period start?
My first tier 2 general visa stamped on 15-March-2013, but in HMRC records my employment start date is from 01-May-2013 which is 45 days after the first visa stamp date.
I have no salary paid for March and April 2013, my pay roll start from May 2013 and I was in India from 27-April-2013 to 31-May-2013(but salary paid for May month).
Now when does my clock starts for 5 years count is it from 15-March-2013 or 01-May-2103 or 01-April-2013?
Re: Tier 2(General) to ILR
Posted: Mon Sep 11, 2017 11:30 am
by iworker
28 days beore 15 march 2018
Re: Tier 2(General) to ILR
Posted: Mon Sep 11, 2017 12:06 pm
by kk1612
iworker wrote: ↑Mon Sep 11, 2017 11:30 am
28 days beore 15 march 2018
Thank you for your quick reply.
But I have not paid for March, April 2013. My pay roll starts from Mary 2013 and I am in India in May month.
When I talk to a lawyer, he said that because your pay roll start from May 2013 you are eligible 28 days before MAY 2013 ( which is 02-April-2018)
Can you please give some clarification on this.
Thanks
Re: Tier 2(General) to ILR
Posted: Mon Sep 11, 2017 1:24 pm
by iworker
The requirement is when u complete your qualifying time. The definition of that relates to start date of visa and not start date of work
Re: Tier 2(General) to ILR
Posted: Mon Sep 11, 2017 1:26 pm
by kk1612
Thank you very much.
Re: Tier 2(General) to ILR
Posted: Tue Sep 12, 2017 12:23 pm
by kk1612
Hi,
I have another question here.
While I am on Tier 2 general visa, my employer had put me as a Director of that company from March 2013 to November 2013 and again from March 2014 to June 2014.
When I google my name it showing(in company house website) Role as Director and Occupation as IT Consultant (where as my role during that period was Graduate Developer according to CoS) of that limited company during the above-mentioned dates. Current status is Inactive.
Is it ok, a Tier 2 general employee act as a Director for the sponsored company?
I have not taken any dividends or files SA at all.
Will it be a problem for my ILR if caseworker checks that? Can they reject my ILr on this basis?
Thanks
Re: Tier 2(General) to ILR
Posted: Tue Sep 12, 2017 3:53 pm
by zimba
You can be the director of the company given that your job duties did not change. Also you cannot own more than 10% of your sponsor’s shares
Re: Tier 2(General) to ILR
Posted: Thu Sep 14, 2017 10:30 am
by kk1612
kk1612 wrote: ↑Mon Sep 11, 2017 10:44 am
Hi,
Can experts help me, please?
I switched from PSW visa to Tier 2 general visa.
First Tier 2 General Visa
Valid from: 15-March-2013
Valid till: 14-April-2016
Extended Tier 2 General Visa
Valid from: 13-April-2016
Valid till: 15-March-2019
When does my ILR qualifying period start?
My first tier 2 general visa stamped on 15-March-2013, but in HMRC records my employment start date is from 01-May-2013 which is 45 days after the first visa stamp date.
I have no salary paid for March and April 2013, my pay roll start from May 2013 and I was in India from 27-April-2013 to 31-May-2013(but salary paid for May month).
Now when does my clock starts for 5 years count is it from 15-March-2013 or 01-May-2103 or 01-April-2013?
Hi Experts,
I have met many immigration lawyers and everyone is saying that I cannot count my 5 years from my visa stamp date or my employment start date according to SMS (01-Apr-2013) because the salary was not paid for April 2013.
Because I was in India from 27th April 2013 to 31st May 2013, I can say that I was on paid leave from 1st May 2013 to 31st May 2013 and get a letter from employer to justify any absence more than 28 days in that year. In my case, crossed the annual limit, holidays between 27th April 2013 to 31st May 2013.
Can Experts suggest when exactly my 5 years count start from?
Re: Tier 2(General) to ILR
Posted: Thu Sep 14, 2017 11:31 am
by iworker
when u say lawyers.. are u sure they are lawyers?
do their name appear on here?
http://solicitors.lawsociety.org.uk/
Re: Tier 2(General) to ILR
Posted: Thu Sep 14, 2017 12:18 pm
by kk1612
Just checked. I met 3 Solicitors, and I can see one of them were in the link you provided.
But 3 guys gave me same information.
Thanks
Re: Tier 2(General) to ILR
Posted: Thu Sep 14, 2017 1:23 pm
by iworker
Do what they are saying then i guess.
Re: Tier 2(General) to ILR
Posted: Mon Nov 27, 2017 10:47 am
by kk1612
Hi CR001, Can you please provide your valuable inputs on my questions.