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Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 12:19 am
by jdp2344
Hi all,
I will be on completing 5 years continues residency via Tier 2 on Jan 2018 and thus eligible to apply for ILR 28 days prior and intend to apply in person. I am currently employed as a researcher on a fixed term contract with a University. To support my application my HR has issued a letter stating "Dr XXXXXXX is employed on a fixed term contract until to Sept 2021" and the letter also confirms the SOC code as per their requirements for my current Tier 2 leave.
However, the home office SET (0) application form states, Tier 2 applicant must provide, "A document from your Tier 2 sponsor confirming that you are: still required for the employment in question for the foreseeable future".
My employer is not willing to state the term "foreseeable future" as I am on fixed term contract. Thus I would like to check if it would okay to go ahead just by stating end date of contract in the employer letter (which Sept 2021 and nearly 4 years away) or would it cause issues ?
I know there have been similar threads however, if someone who much more knowledgeable in respect or who was in similar situation is reading then can you please confirm of this aspect your for your ILR application ?
Many thanks and Kind regards JP
Re: Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 8:16 am
by makky86
jdp2344 wrote: ↑Thu Dec 07, 2017 12:19 am
Hi all,
I will be on completing 5 years continues residency via Tier 2 on Jan 2018 and thus eligible to apply for ILR 28 days prior and intend to apply in person. I am currently employed as a researcher on a fixed term contract with a University. To support my application my HR has issued a letter stating "Dr XXXXXXX is employed on a fixed term contract until to Sept 2021" and the letter also confirms the SOC code as per their requirements for my current Tier 2 leave.
However, the home office SET (0) application form states, Tier 2 applicant must provide, "A document from your Tier 2 sponsor confirming that you are: still required for the employment in question for the
foreseeable future".
My employer is not willing to state the term "foreseeable future" as I am on fixed term contract. Thus I would like to check if it would okay to go ahead just by stating end date of contract in the employer letter (which Sept 2021 and nearly 4 years away) or would it cause issues ?
I know there have been similar threads however, if someone who much more knowledgeable in respect or who was in similar situation is reading then can you please confirm of this aspect your for your ILR application ?
Many thanks and Kind regards JP
The letter should explicitly mention the word "foreseeable future". The word here means that you'll be required for long time. In your case they mentioning it that contract is fixed so I think it will create issue when applying for ILR.
If CW is not satified he may contact your HR and if they say its "fixed" I don't think so your ILR would be approved ! Try to get a letter with word "foreseeable future"
Re: Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 12:25 pm
by nanoram
Hi,
I was in similar situation like you. My HR gave me a letter exactly as you mentioned with a fixed date and I got my ILR. So no problem you can go ahead. As you mentioned your contract is until 2021, you anyways need a visa and Tier 2 cannot be extended beyond 6 years. So just go ahead your is apt for your situation.
cheers.
Re: Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 12:30 pm
by makky86
nanoram wrote: ↑Thu Dec 07, 2017 12:25 pm
Hi,
I was in similar situation like you. My HR gave me a letter exactly as you mentioned with a fixed date and I got my ILR. So no problem you can go ahead. As you mentioned your contract is until 2021, you anyways need a visa and Tier 2 cannot be extended beyond 6 years. So just go ahead your is apt for your situation.
cheers.
"Fixed Date" is different than "Fixed Term". As per OP post the letter he has it clearly states the job is
"FIXED TERM"
Re: Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 12:41 pm
by CR001
The letter now also has to state that your salary your are on £xxx will also be paid for the foreseeable future.
Re: Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 1:12 pm
by nanoram
"Fixed Date" is different than "Fixed Term". As per OP post the letter he has it clearly states the job is "FIXED TERM"
Hi Makky 86,
I shared my experience. I got a ILR recently this year with a similar kind of letter. Universities usually give fixed term contracts where there is a fixed date. Now i really dont understand difference between "Fixed Date" and "Fixed Term".
I agree with CR001, my letter stated the salary as well.
By the way Makky 86, stop shouting by writing in "RED"
Cheers.
Re: Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 1:39 pm
by makky86
nanoram wrote: ↑Thu Dec 07, 2017 1:12 pm
"Fixed Date" is different than "Fixed Term". As per OP post the letter he has it clearly states the job is "FIXED TERM"
Hi Makky 86,
I shared my experience. I got a ILR recently this year with a similar kind of letter. Universities usually give fixed term contracts where there is a fixed date. Now i really dont understand difference between "Fixed Date" and "Fixed Term".
I agree with CR001, my letter stated the salary as well.
By the way Makky 86, stop shouting by writing in "
RED"
Cheers.
What do you mean by "shouting" ? Stop being rude.
Each case worker has different approach. Why take risk? If its possible for OP to get a letter stating "foreseable future" it will help.
Re: Tier 2 foreseeable future query for ILR application
Posted: Thu Dec 07, 2017 2:05 pm
by CR001
nanoram wrote: ↑Thu Dec 07, 2017 1:12 pm
By the way Makky 86, stop shouting by writing in "
RED"
Typing a post in red is NOT shouting but highlighting a point for ease of reference. I myself as a moderator post in red to highlight points.
Kindly show some respect to those who take the time to respond for free in topics.