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Tier 2 to ILR - advice required

Posted: Sat Jul 20, 2019 5:57 pm
by tomridd9
Hi,

Previous immigration history:
Sep 2012 to Jan 2014 - Tier 4 (got my NI number)
Mar 2014 to Sep 2014 - Student visit visa
Sep 2014 to Aug 2018 - Tier 2 with company A
Aug 2018 to Sep 2020 - Tier 2 with company B

Now applying in Aug 2019 for ILR after 5 years with tier 2.

Here is my question,
While I was with student visit visa, I wasn't allowed to work but due to financial conditions and a little bit of ignorance by both company A and myself, I worked and my employer paid income tax and NI through PAYE. Will it affect my ILR application next month? If yes, then what should I do to make my application successful?

Re: Tier 2 to ILR - advice required

Posted: Sun Jul 21, 2019 8:49 pm
by zimba
If you worked against the conditions of your visa your ILR could be refused. You cannot get ILR if you did not follow the rules

Re: Tier 2 to ILR - advice required

Posted: Mon Jul 22, 2019 7:47 am
by tomridd9
But then after that you can get Tier 2, right?

Re: Tier 2 to ILR - advice required

Posted: Mon Jul 22, 2019 7:53 am
by tomridd9
Plus, my ILR application is based on my Tier 2 as well. If it is still going to affect then what can I do for that mistake? They don't ask for any details before tier 2. What is my best option here?

Re: Tier 2 to ILR - advice required

Posted: Mon Jul 22, 2019 3:28 pm
by zimba
It is upto UKVI to exercise discretion. If they believe you worked illegally you may be refused. Your option is to apply and see what happens

Re: Tier 2 to ILR - advice required

Posted: Mon Jul 22, 2019 4:07 pm
by CR001
Note also that if you aim to apply for British citizenship at some point, you have to declare all your employment for 10 years. A breach of visa conditions can also result in a refusal of British citizenship as you would fail the good character requirement.

Re: Tier 2 to ILR - advice required

Posted: Mon Aug 19, 2019 5:16 pm
by tomridd9
The best thing is to provide/tell them what they have asked for and not overcomplicate the application. Thanks for all your replies.