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Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 12:21 pm
by ItsRainingAgain
Hi,

I got my tier 2 visa first time on 05-07(July)-2013. My holidays for last five years were always paid when I went out of country however they exceeded 30 working days as shown below in one of year.

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Am I not qualified to apply for ILR anymore as my holidays exceeded 30 working days after reading this article from gov,

https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF

I had 24 holidays per year but since last year increased to 25.

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 2:23 pm
by ItsRainingAgain
Gurus, please shed some light. Thank you so so so much.

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 3:09 pm
by GMO
It is total 180 days in 12 months!

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 3:27 pm
by CR001
GMO wrote:
Tue Apr 03, 2018 3:09 pm
It is total 180 days in 12 months!
There is a separate requirement of absence/leave which the OP is asking about. Page 10 in the link that the OP has posted!!

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 3:37 pm
by GMO
ohh ok! i was afraid.

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 3:46 pm
by tier21419
So what is this new requirement then? I did not get it.

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 3:48 pm
by CR001
engrwaseem85 wrote:
Tue Apr 03, 2018 3:46 pm
So what is this new requirement then? I did not get it.
It is not a 'new' requirement. Please read the link, page 10 - "Absences linked to reason for being in the UK – evidential requirements"

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 4:01 pm
by Akorotaeva
If you get a letter from your employer confirming everything about your leave (paid annual leave, etc), it does not matter how many days you were out for. Different companies have different annual leave entitlements.

Just get a letter when you apply.

The 30 working days is only for cases where no evidence is supplied.

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 4:12 pm
by ItsRainingAgain
Thank you so much for your insights...

So it doesn't matter if I used time in lieu off and used previous year's holidays.

Please gurus confirm too. Thanks again

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 4:14 pm
by Akorotaeva
That is right, as long as you are under 180 days in any 12 months (which you are).

Re: Am I not qualified for ILR anymore ?

Posted: Tue Apr 03, 2018 5:17 pm
by tier21419
CR001 wrote:
Tue Apr 03, 2018 3:48 pm
engrwaseem85 wrote:
Tue Apr 03, 2018 3:46 pm
So what is this new requirement then? I did not get it.
It is not a 'new' requirement. Please read the link, page 10 - "Absences linked to reason for being in the UK – evidential requirements"
Thanks for clarifying. I believe if one can get a letter from the employer then that should be fine as different companies have different annual leave entitlements. The main thing is 180 days in 12 months.

Procedure of One Day Appointment

Posted: Tue Apr 17, 2018 9:38 am
by ItsRainingAgain
I understand that I can download SET O form as I will be applying for ILR through TIer 2 and after filling it I can post it with direct debit details. Then HO will send me Bio metric letter and after enrolling details... I will get result.

But this is first time I want to apply for One day service for ILR, could someone please tell me steps to do so from start to end ?

Thank you so much

Re: Procedure of One Day Appointment

Posted: Tue Apr 17, 2018 10:01 am
by CMOSUK
ItsRainingAgain wrote:
Tue Apr 17, 2018 9:38 am
I understand that I can download SET O form as I will be applying for ILR through TIer 2 and after filling it I can post it with direct debit details. Then HO will send me Bio metric letter and after enrolling details... I will get result.

But this is first time I want to apply for One day service for ILR, could someone please tell me steps to do so from start to end ?

Thank you so much
Booking a PSC appointment.

If you follow those steps, you will create an account and you will have upto 70 days to make an appointment.

You can book upto 42-45 days in advance for your chosen appointment (remember to book within your qualifying period)

Please note for postal applications, UKVI does not accept direct debit details, only a single transaction using either a debit or credit card same applies for online booking as well.

Re: Procedure of One Day Appointment

Posted: Tue Apr 17, 2018 4:54 pm
by ItsRainingAgain
Thank you.

Are they going to charge me fees when booking as well. Like in total it's coming up as £3000. I am not able to reach payment screen as no appointment is available at this point maybe that's why asking.

Re: Procedure of One Day Appointment

Posted: Tue Apr 17, 2018 4:58 pm
by CR001
You will be charged the full fee as part of the booking process.

Company A buys Company B which owns Company C, I work for Company C as Tier 2, what should I do ?

Posted: Wed Apr 18, 2018 4:08 pm
by ItsRainingAgain
Company A buys Company B which owns Company C, I work for Company C as Tier 2 migrant.

I was going to complete my 5 years on Tier 2 on 1st July 2018. Now I spoken to HR of Company C... they said they only need to report change of ownership but nothing else will happen, no license will be revoked etc...

Me: I asked why ?
HR (Company C): Because Company A is buying Company B not Company C

Me: Why need to notify HO of change of ownership then ?
HR (Company C): Because directors are changing.

I read other threads it says TUPE need to be done but Company C says license will not be revoked so no need to do anything.

My 10 years are already completed, should I apply through this route ? but then my wife was in UK with me as Tier 2 dependent for 3.5 years and she will loose that

What should I do, I am soooo confused. Gurus please advise.

Re: Company A buys Company B which owns Company C, I work for Company C as Tier 2, what should I do ?

Posted: Wed Apr 18, 2018 5:37 pm
by ItsRainingAgain
Gurus please reply, I am so panicking :(

Re: Company A buys Company B which owns Company C, I work for Company C as Tier 2, what should I do ?

Posted: Thu Apr 19, 2018 12:14 pm
by ItsRainingAgain
I just figured out Company A don't have sponsor license.

Please someone guide me in right direction, so sad.

Can someone apply for ILR with 60 days of receiving curtailment letter

Posted: Thu Apr 19, 2018 2:58 pm
by ItsRainingAgain
Can someone apply for ILR within 60 days of receiving curtailment letter ?

There is something going on in my company and worse come worse if I get curtailment letter, can I still apply for ILR within these 60 days ?

My 10 years will complete within 60 days and same for 5 years Tier 2.

Many Many Thanks

Re: Can someone apply for ILR with 60 days of receiving curtailment letter

Posted: Thu Apr 19, 2018 3:45 pm
by zimba
Under SET(LR) yes, under Tier 2 you will obviously not qualify

URGENT!!ILR LONG RESIDENCE TIER 2 LICENSE SUSPENDED

Posted: Thu Apr 19, 2018 11:05 pm
by ItsRainingAgain
My company is bought by another company, I was about to apply for tier 2 ilr on 1st July, but now even though based on the way company is sold my existing company's license will remain there but you never know....

My 10 years will be completed on 1st May, I don't know what to do

If I go 10 years route if I get ilr, does my wife needs to apply for visa again as she only here for 3.5 years as dependent..

All so confusing not sure what to do

Re: URGENT!!ILR LONG RESIDENCE TIER 2 LICENSE SUSPENDED

Posted: Fri Apr 20, 2018 1:22 am
by cyclina1
ItsRainingAgain wrote:
Thu Apr 19, 2018 11:05 pm
Congralutaions.

I have same problem.

My company is bought by another company, I was about to apply for tier 2 ilr on 1st July, but now even though based on the way company is sold my existing company's license will remain there but you never know....

My 10 years will be completed on 1st May, I don't know what to do

If I go 10 years route if I get ilr, does my wife needs to apply for visa again as she only here for 3.5 years as dependent..

All so confusing not sure what to do
if you apply settlement through 10 year route, your wife has to switch to spouse visa with settled person, and 3.5year as PBS dependent would be erased and clock reset, and need the other 5 years.

but if you can go through 5 year PBS route, then your wife can renew her PBS dependent visa and applies ILR through PBS dependent route, once she fulfills 5 years as PBS dependent.

I don't know the rule if the license can be transferred to new company, may go to Tier 2 forum to ask.

Re: Company A buys Company B which owns Company C, I work for Company C as Tier 2, what should I do ?

Posted: Fri Apr 20, 2018 6:59 am
by Djsuccess
ItsRainingAgain wrote:
Thu Apr 19, 2018 12:14 pm
I just figured out Company A don't have sponsor license.

Please someone guide me in right direction, so sad.

Read this https://assets.publishing.service.gov.u ... l_v1.0.pdf
start from page 59 and also check annex 8

Re: Company A buys Company B which owns Company C, I work for Company C as Tier 2, what should I do ?

Posted: Fri Apr 20, 2018 9:21 am
by ItsRainingAgain
Thank you so much...

I went through all suggested documentation and after discussion with relevant people. I can confirm this scenario looks most similiar.

Image

Saying that, buyer Company G said changes will be there but they will be injected slowly, might take few months to a year. They are not really clear about it as THEY say they need to ANALYSE what's best for them.

Now what steps should I follow, should I ask them for confirmation that my job responsibilities will remain same etc.. or ask them for a SUPPORTING LETTER.

I am so so confused, did anyone went through similar scenario, I want to go for one day appointment but would that be risky ?

Gurus thank you for your time.

Re: URGENT!!ILR LONG RESIDENCE TIER 2 LICENSE SUSPENDED

Posted: Fri Apr 20, 2018 9:40 am
by Djsuccess
ItsRainingAgain wrote:
Thu Apr 19, 2018 11:05 pm
My company is bought by another company, I was about to apply for tier 2 ilr on 1st July, but now even though based on the way company is sold my existing company's license will remain there but you never know....

My 10 years will be completed on 1st May, I don't know what to do

If I go 10 years route if I get ilr, does my wife needs to apply for visa again as she only here for 3.5 years as dependent..

All so confusing not sure what to do
The fact that your sponsor was taken over by another company doesn't mean you cannot continue to work for them, there are conditions to meet. I know it could be tricky sometimes. Find out if the company that bought your sponsor has Tier 2 sponsorship licence and if you will be transferred under TUPE. Read page 59 and Annex 8 of this document https://assets.publishing.service.gov.u ... l_v1.0.pdf
You will likely find your answer there.