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ILR application query

Posted: Tue May 07, 2019 2:04 am
by Sirita975
Hi

I got my first tier 2 general visa from my first employer in 2014 and biometric card had dates from 30/06/2014 to 15/06/2019. I had to change to another employer due to some problems. I had to leave the first employer 31st Oct 2015.

My second and current employer issued a cos where start date was 28/12/2015 and end date 27/12/2018. My tier 2 general visa was issued and biometric card had dates 26/11/2015 to 09/01/2019. My present BRP from the same employer has dates from 24/01/2019 to 26/11/2021.

I had a few queries and was wondering if anyone can pls help

1) when can I apply for ILR? Can I apply around 3rd June?


2) When I changed to my second and current employer, the actual employment start date was 28/12/2015 on the COS although my BRP had date 26/11/2015. The end date from the first employer was 31/10/2015. Will this affect my ILR application in any way? Can I still apply for ILR in June?

I am not quite understanding the calculation of continuous residence period. Will the above dates during change of employment be any problem?

3) I did not leave UK at any point of time when I was with my first employer. Do I need to get confirmation from them?

4) When I was with my first employer , I had to leave because of some problems. I had a letter from them which says that ‘my employment being terminated from 31st July 2015. However Iwill be paid normal salary up to 30th September 2015 and one month in lieu of notice, along with any outstanding and accrued holidays due, calculated to date of leaving as 31st October 2015.” P45 from first employer had end date as 31st October 2015.

With the above situation, am I still eligible to apply for ILR in June ?

It would be of great help if any one can pls advise.

Thanks
Rita

Re: ILR application query

Posted: Tue May 07, 2019 12:03 pm
by zimba
1) when can I apply for ILR? Can I apply around 3rd June?
You can apply for ILR 28 days from completing 5 years (counting from first visa issue date in 2014)
This will be the beginning of June
2) When I changed to my second and current employer, the actual employment start date was 28/12/2015 on the COS although my BRP had date 26/11/2015. The end date from the first employer was 31/10/2015. Will this affect my ILR application in any way? Can I still apply for ILR in June?
COS start date is not relevant.
3) I did not leave UK at any point of time when I was with my first employer. Do I need to get confirmation from them?
No
4) When I was with my first employer , I had to leave because of some problems. I had a letter from them which says that ‘my employment being terminated from 31st July 2015. However Iwill be paid normal salary up to 30th September 2015 and one month in lieu of notice, along with any outstanding and accrued holidays due, calculated to date of leaving as 31st October 2015.” P45 from first employer had end date as 31st October 2015.
With the above situation, am I still eligible to apply for ILR in June ?
Yes no issues there

Annual leave query

Posted: Wed May 08, 2019 9:54 am
by Sirita975
Hi

Thank you very much for your reply.

Just had another query. When I apply for the ILR, do I need to list all paid Annual leave dates OR just the ones when I left UK for holidays?

Thanks

Re: ILR application query

Posted: Wed May 08, 2019 2:23 pm
by zimba
Just the absences from the UK

Re: ILR application query

Posted: Wed May 08, 2019 7:11 pm
by Sirita975
Hi

Thank you very much for your advice.

Does the letter from employer also need to confirm the dates I was away from UK or all paid annual leave dates including the ones spent in UK also? If you could please let me know, it would be of great help to me. I am a bit confused.

Thanks

Re: ILR application query

Posted: Wed May 08, 2019 11:06 pm
by cracker1234
Only outside of UK. Refer to entry and exit stamps in your passport.

Re: ILR application query

Posted: Thu May 09, 2019 2:14 pm
by Sirita975
Hi

Thank you very much for all the helpful advice.

Sorry I still have a few queries. If you could please advise me it would be of great help to me.

As I had already When I changed to my second and current employer, the actual employment start date was 28/12/2015 on the COS although my BRP had date 26/11/2015. The end date from the first employer was 31/10/2015.

So there was a gap in between 31/10/2015 and the starting date (28/12/2015) with the second company. I did not get any salary in nov and dec 2015.

Will the above affect my ILR application in any way? Can I still apply for ILR in the first week of June?

2) Also do I need to get and submit with my application any email from the previous employer confirming that I was employed with them?

Thanks.

Re: ILR application query

Posted: Thu May 09, 2019 2:46 pm
by cracker1234
cracker1234 wrote:
Wed May 08, 2019 11:06 pm
So there was a gap in between 31/10/2015 and the starting date (28/12/2015) with the second company. I did not get any salary in nov and dec 2015.

Will the above affect my ILR application in any way? Can I still apply for ILR in the first week of June?
No issue. Yes within 28 days of your 5th anniversary.
cracker1234 wrote:
Wed May 08, 2019 11:06 pm
2) Also do I need to get and submit with my application any email from the previous employer confirming that I was employed with them?
No need.
Only absence letter required if you were outside of UK during that tenure.

Re: ILR application query

Posted: Thu May 09, 2019 2:49 pm
by zimba
I repeat again:
COS start date does not matter. ONLY the visa validity period is relevant :!:
You do NOT need your previous employer letter if you had no absences :!: