Tier 2 - Eligible for ILR Employer Query

[nitson]

Thanks for stopping by. I am a bit tensed with my current situation;
I have been on Tier 2 general work permit visa since 25th July 2009 and due for my ILR 25th July 2015 (in 3 to 4 month) T2 visa valid until 20/06/2016. The main query that I have is as follows

1) Until now my employer has done all my visa extension paperwork, and as you would expect they have been eating up a large amount of money from my daily rates, so I am planning to quit as soon as possible – however my notice period is 3 months.

a. So is it possible for me to resign 3 months in advance so that towards the end of my resignation period I get my ILR (I am going for 1 day service) or do I have to be in employment?

b. Will it be OK if I fill up the form myself or does it have to be done by my current employers – Incase I resign they might not do this, hence the query. Presuming it would be OK, do I need any documents from my current employers ?

c. I have passed the life in the test exam, have annual income of 50K, as well as have a Masters degree from known Uni’s in the UK (however rest of the education is from india – including BSc.) do I still require to give any english exam? Is there any other document I need?

Thanks a lot once again. I would really appreciate if you can kindly shed some light on it, please.
Many thanks
NDS

[CR001]

a. So is it possible for me to resign 3 months in advance so that towards the end of my resignation period I get my ILR (I am going for 1 day service) or do I have to be in employment? I would not advise resigning before you have ILR. You are on a sponsored visa and will probably need confirmation from your employer 'that you will still be needed'. Look at the Set(O) form what the requirements are for you.

b. Will it be OK if I fill up the form myself or does it have to be done by my current employers – Incase I resign they might not do this, hence the query. Presuming it would be OK, do I need any documents from my current employers ? See point above. You do the ILR, it is unlikely that your employer will do this as it is your choice not theirs. You will possibly need a letter confirming any absence from the UK from your employer. Again, look at the form as mentioned.

c. I have passed the life in the test exam, have annual income of 50K, as well as have a Masters degree from known Uni’s in the UK (however rest of the education is from india – including BSc.) do I still require to give any english exam? Is there any other document I need? If you have a degree from a UK university, this will meet the English requirement.

This is based on my understanding but perhaps one of the other gurus or mods could respond who are more familiar with the Tier2 requirements.

[nitson]

Thanks for the clarity CR001 - Appreciate your prompt response...

[manci]

Your 5 year qualifying period is counted from the date of your arrival in the UK on your first T2 visa. If this was 25 July 2009 then you have been eligible for ILR since 25 July 2014 subject to meeting the absence requirements.

It sounds that your sponsor is an illegally operating umbrella company which takes a cut of your salary and supplies your services to other companies.

Under no circumstances should you resign and then try to apply for ILR. For the ILR application the sponsor has to certify in writing that they continue to need you for the job in question and this wouldn't be possible once you give notice.

You could ask them if they would be willing to give you such a letter (without intimating that you plan to resign) - the chances are that they will decline fully realising than once you have ILR you will be free to change jobs and they lose the profit they are making from your employment. If this is so the best plan would probably be to try to find a new (genuine) sponsor.

[nitson]

My apologies - Its 25th July 2010 and not 2009, hence I will be eligble this year. I have been on PSW before then as I completed my education.

Re ILR applciation - I thought I am eligble to apply upto 28 days in advance - is that right?

Re my company - Fortunately they are genuine suppliers compared to other dodgy ones, its just that they take a cut from my daily rates.... Hopefully I would be able to convince them to give me this letter

Thanks

[CR001]

How long have you been in the UK and on what visas?

[Frontier Mole]

What do you mean by taking a cut from your daily rates?
Are you not on a salary?

[leavetoremain]

What do you mean by taking a cut from your daily rates?
Are you not on a salary?

These companies pay salary but after taking commission out of the daily rate.

[Frontier Mole]

So it is an umbrella company hiring you out to third parties as labour only contractors.
It will be no surprise to you that that is illegal.

[CR001]

My apologies - Its 25th July 2010 and not 2009, hence I will be eligble this year. I have been on PSW before then as I completed my education.

Re ILR applciation - I thought I am eligble to apply upto 28 days in advance - is that right?

Re my company - Fortunately they are genuine suppliers compared to other dodgy ones, its just that they take a cut from my daily rates.... Hopefully I would be able to convince them to give me this letter

Thanks

How long have you been in the UK and on what visas?[

Please answer this question as it might change a few things depending on your previous visa statuses.