Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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ttt_nnn
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by ttt_nnn » Wed Jul 02, 2014 2:46 pm
Hi
I am not sure whether any one of you would experience this kind of situation.
I am currently in Tier 2 ICT which was provided before 6th April 2010.
My first entry was in Sep 2009 and i am completing 5 years in Sep 2014. Of-course with a break where i have not exceeded 180 days in consecutive 12 months period. Hence i am eligible for ILR September 2014.(This was confirmed by a solicitor)
The issue here is my current employer is not ready to give employment continuity letter and the letter stating the reason for absence(actually i was working in offshore for same client) but asking me to go to offshore to work for same client. Due to this i am left with a option of switching to tier 2 General in July/Aug 2014 (just for a month) and apply ILR on the date (Aug /Sep 2014) when i become eligible.
Will this switching from T2 ICT-T2G help in getting ILR and will there be any issue as i am applying for 2 visa within same month?
urgent Reply is much appreciated.
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manci
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by manci » Wed Jul 02, 2014 5:01 pm
Not to provide the letter confirming continuing employment is the sponsor's privilege. However, a letter confirming the purpose and duration of the absences during employment is mandatory for an ILR application.
You are allowed to switch to T2G but the max leave you can get will be to Sept 15 (6 years from your initial T2 leave). To switch you'll need a CoS from a new sponsor who will have to carry out an RLMT beforehand (unless an exemption applies).
Once you switched to T2G you can apply for ILR any time from 28 days before the end of the 5 year qualifying period onwards.
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ttt_nnn
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by ttt_nnn » Wed Jul 02, 2014 7:21 pm
Thank you Manci.
After switching to T2 G, Do i have to wait till i get 1 month payslip in order to apply for ILR?
Will 6 Years T2 policy apply for my case,as my first T2 ICT was provided before April 2010?
Please reply as we are in a situation to come to a quick decision about the switch.
Thanks
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manci
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by manci » Wed Jul 02, 2014 7:44 pm
read 245HF and 245HF-SD about the rules and the documents needed:
https://www.gov.uk/government/uploads/s ... MASTER.pdf
The new rules (from Apr 14) mean that if you switch the 6 year cap on your stay will apply. Read the sticky.
Keep also in mind that the RLMT takes at least 28 days.
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ttt_nnn
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by ttt_nnn » Fri Jul 04, 2014 1:26 pm
Thanks Guru.
Kindly let me know whether 1 month payslip from new employer is necessary for ILR?
If I am switching to tier 2 general,should i take any extra care regarding the salary mentioned in COS (some threshold value???)can i maintain the old cos value.
Regards
T
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manci
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by manci » Sat Jul 05, 2014 7:48 am
ttt_nnn wrote:Thanks Guru.
Kindly let me know whether 1 month payslip from new employer is necessary for ILR?
IMHO yes
If I am switching to tier 2 general,should i take any extra care regarding the salary mentioned in COS (some threshold value???)can i maintain the old cos value.
your CoS issued by the previous employer is irrelevant. Your salary paid by the new sponsor must be according to the current rules and code of practice.
Regards
T