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Hi all,

It is related to My ILR application, and I appreciate your advice on the below queries.
My situation:
1) I was granted Tier 2 general visa on 02/08/2017 through Company X.
2) Entered the UK on 17/08/2017 (BRP validity: 15/07/2020)
3) During my first employment with the employer (X), I don't think taxes were paid for the first year (2017 - 2018). During the second year (2018 -2019), I had un-paid leaves of more than four months (not in continuation) as my daughter underwent major heart surgery, and I was still in the UK. I also spent 18 working days out of the UK during this period.
4) Switched to a new employer (Y) (BRP validity: 14/04/2022)
5) Extended visa as a Skilled worker (BRP validity: 14/04/2024)
6) I think I meet all the other requirements for ILR under the 5-year continuous residence route.
o Salary is higher than minimum wage.
o Passed Life in the UK test
o Have a NARIC certificate
Questions:
1) Regarding 3, does this impact my ILR application - continuity requirement? Do I need to worry about taxes? Do I need to worry about any unpaid leaves that my employer may have declared to the HMRC?
2) Do I have to explain the 18 working days spent outside the UK if my employer (X) doesn't give me the paid absence letter (as they are not responding to my requests).
3) When am I eligible to apply for ILR?
4) Do I need a solicitor to represent my application?

Thanks in advance,

1) I do not see any issues
2) no need for letters from previous employers
3) within 28 days from completing your 5 years from first visa issue date
4) No

Thank you very much for your response, Zimba!

As I mentioned, I was out of the UK for 18 days, and 10 out of 18 days were paid leaves, and I'm not sure of the remaining eight days as I don't have my salary credited for that month. Do I need to tell the reason for those 8 days of unpaid absence, Will that be a problem for my ILR application If I declare those eight days as unpaid leaves (as I don’t have the info from my previous employer)? Can I explain this absence (18 = 10 Paid + 8 unpaid) in my letter? If so, Is there any sample format to explain this?

Thanks in advance!

Continuous residence requirement

Compared to settlement under the old Tier 2 (General) route, there is greater flexibility on the continuous residence rules. Previously, absences had to be “consistent with the basis of the applicant’s stay” in the UK, such as taking annual leave, or for “serious or compelling reasons”. No such qualification appears to exist under the new Appendix Continuous Residence.

I believe you should be okay.

Thanks for the information, Vinny!!
I called HMRC to a get clear picture of my employment history, understood that my former employer(X) didn't submit anything (P45, etc..), and HMRC is assuming that my former employer (X) is my secondary source of Income. I have confirmed to HMRC that my last date was 13th May 2019, and no longer associated with them. I doubt the existence of the organisation since there is no response.

I hope it will not affect my application.

Please suggest!

Best Regards,
Abhi