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245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant
To qualify for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, in any combination of the following categories:
(i) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
(ii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,
(iii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(2) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer,
(iv) as a Representative of an Overseas Business,
(v) as a Highly Skilled Migrant, or
(vi) as a Work Permit Holder.
(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
(i) still hold a Tier 2 Sponsor licence in the relevant category, or have an application for a renewal of such a licence currently under consideration by the Home Office; and
(ii) certify in writing:
(1) that he still requires the applicant for the employment in question for the foreseeable future,
(2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,
(3) if the applicant is currently on maternity, paternity, shared parental or adoption leave, the date that leave started, confirmation of what the applicant’s salary was immediately before the leave, and what it will be on the applicant’s return, and
(4) if the applicant is paid hourly, the number of hours per week the salary in (2) or (3) is based on.

Rashakassem82 wrote: ↑

Tue Dec 19, 2017 12:30 pm

Hi, sorry I didn’t mention that I am applying for ILR under Tier 2 general. Just to let you know, I have just contacted the U.K. border agency about this & the caseworker confirmed that this statement does not have to be mentioned on the letter. He explained that the idea is to ensure the employment has not or is not going to be terminated before the application for ILR & that a confirmation that the contract is permenant should be enough. I thought of sharing this for other applicants who might be concerned about the same thing. Thanks again for your reply.

Thanks

Rashakassem82 wrote: ↑

Tue Dec 19, 2017 12:56 pm

By contacting them on 0300 123 2241

Rashakassem82 wrote: ↑

Tue Dec 19, 2017 3:46 pm

Thanks for alerting me to that fact! I'll show HR the requirements you sent me and a copy of the guidance. Hope they will provide what is required.

I have another query please. Regarding the bank statement that I need to submit, does it have to be the statement where my salary goes or can I just submit a statement from my savings account? Is there any financial maintenance requirements for tier 2 general applying for ILR? There is no mention of that in the guide.

Thanks again for your help
Rasha

Rashakassem82 wrote: ↑

Tue Dec 26, 2017 8:04 pm

Unfortunately, HR refused to include this statement on the letter even after showing them the requirements! They said that mentioning the contract is permanent suffice for the foreseeable future requirement. I am not sure what to do Are you sure the case that was refused before was on a full time permanent contract? Any advice on how to proceed with this will be highly appreciated.

Rashakassem82 wrote: ↑

Mon Dec 18, 2017 8:24 pm

Many thanks for getting back to me on this. Unfortunately, HR refused to write this statement in the letter & confirmed that other University staff submitted the template they provide with no foreseeable future statement and that their applications were accepted. I have noticed that some of the letters posted did not include the word foreseeable either. Are you aware of any applications that were rejected because of this missing statement? Surely if the contract is permanent and has no end date, then this implies continuous employment in the future. Can anyone please advise? The guidance does not state that the letter has to be worded in a specific format. Foreseeable future in that case could be worded differently, perhaps? Any advice on this would be much appreciated.