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SET O 4/2015 - 12 G

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Vicky81
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SET O 4/2015 - 12 G

Post by Vicky81 » Wed Apr 22, 2015 12:38 am

Hello friends

I am going apply for ILR in two weeks time. Can you please advise me that if I got rejection for change of employer application last year, it does effect the ILR application ? Or every thing is fine if I am continuous working with same employer from last five years even change of employer application was rejected. Please help me any senior members of the board.

Thank you

Vicky81
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Tier2 General Changing the Employer Settlement application

Post by Vicky81 » Wed Apr 22, 2015 12:42 am

Hello friends

I am going apply for ILR in two weeks time. Can you please advise me that if I got rejection for change of employer application last year, it does effect the ILR application ? Or every thing is fine if I am continuous working with same employer from last five years even change of employer application was rejected. Please help me any senior members of the board.

Thank you

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Wed Apr 22, 2015 12:46 am

Please advice me Manci or any senior members of the board

manci
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Re: Tier2 General Changing the Employer

Post by manci » Wed Apr 22, 2015 7:23 am

what was the reason for the refusal?

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Wed Apr 22, 2015 7:29 am

Thanks for instant reply. Reason for refusal : new employer was unable to satisfy RLMT ( labour market test ). I am on tier 2 visa.

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Wed Apr 22, 2015 1:32 pm

Hi Manci and other gurus advice me please !

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Wed Apr 22, 2015 8:24 pm

Can anyone answer my question please ?

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Wed Apr 22, 2015 11:00 pm

Hello respected Guru's please advice me. I was reading this board from last two months and very grateful for all senior members those helping others and giving there precious time.

Thank you

Vicky81
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Re: SET O 4/2015 - 12 G

Post by Vicky81 » Thu Apr 23, 2015 1:09 pm

Hi everyone please advice me. Change of employer application was rejected last year because of new employer unable to satisfy RLMT, everything else was fine. It does effect to ILR application or not, please advise me any senior members of the board.
Thank you

Vicky81
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Re: SET O 4/2015 - 12 G

Post by Vicky81 » Thu Apr 23, 2015 1:21 pm

Hi Manci, CR001 I know you both helps every one. Please advise me on my query.
Waiting for your reply guru's
Vicky

manci
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Re: Tier2 General Changing the Employer

Post by manci » Thu Apr 23, 2015 5:58 pm

if you had valid leave at the time you applied to switch, and continue to have valid leave, the refusal should not affect your ILR application. Remember that you need a letter from your current employer certifying that they still need you for the job in question.

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Thu Apr 23, 2015 6:59 pm

Thank you Manci for your reply.

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Thu Apr 23, 2015 7:42 pm

Hi manci can please check my document list for ILR application, is it ok or I need to add any more documents

APPLICATION FOR INDEFINITE LEAVE TO REMAIN IN THE UK - SET (O)

Documents list :



1 . Covering letter for SET(O) Application Form

2. Appointment booking summary printout

3. Application payment sheet printout

4. SET(O) Application Form with valid payment details

5. Life in the UK PASS Certificate for Main Applicant

6. Life in the UK PASS Certificate for Dependent

7. Master degree PASS Certificate and Transcript for Main Applicant (online point base calculated print
Out).

8. Speaking and Listening Qualification at level B1 PASS Certificate for
Dependent ( Pearson Edexcel Entry Level Certificate )

9. Letter from employer confirming the Annual Salary with SOC Code

10. Letter from employer confirming pay slips authentication

11. Pay slips for past 3 months for Main Applicant ( online printout singed and stamped by employer )

12. Personal Bank Statements for past 3 months for Main Applicant

13. Letter from employer confirming the absence (paid annual holiday and reason for holiday )

14. Last two years P 60 ( online printout copy singed and stamp by employer )

15. Evidence of cohabitation ( Barclays Bank statements for past 2 years )

16. Evidence of cohabitation ( HSBC Bank statements for past 2 years )

17. Evidence of cohabitation ( Borough Council Tax Bill )

18. Evidence of cohabitation ( last two year tendency agreement )

19. Evidence of cohabitation ( last two years join car insurance )

20. Biometric residence permits for Main Applicant and Dependent

21. Current and previous passports for Main Applicant and Dependent

Thank you

Vicky

Vicky81
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Re: Tier2 General Changing the Employer

Post by Vicky81 » Sun Apr 26, 2015 3:12 am

Please reply to my documents list, any senior
members of the board !!!

Vicky81
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Re: Tier2 General Changing the Employer Settlement applicati

Post by Vicky81 » Sun Apr 26, 2015 8:53 am

Hi manci can you please reply to my document list check.
ILR due with in 10 days. Vary stressful time, if any one reply, it reply it helps to remove stress in these crucial days.please reply ASAP.
Thank you
Vicky81

manci
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Re: Tier2 General Changing the Employer Settlement applicati

Post by manci » Mon Apr 27, 2015 8:02 am

the sponsor's certificate is missing from your list, see 245HF(d)
https://www.gov.uk/government/uploads/s ... _final.pdf

Vicky81
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Re: Tier2 General Changing the Employer Settlement applicati

Post by Vicky81 » Mon Apr 27, 2015 2:05 pm

Thank you for reply manci. I have gone through the link you posted and it says that tier 2 employer should have the valid sponsorship licence and need letter from employer to confirm annual pay, further need employee in job, absence from UK and pay slip authentication letter if pay slips or online printouts and I already took all three letters from employer which cover all the requirements asked.
So employer doesn't need to give sponsorship letter or we don't need to include copy of previous sponsorship letter if applying for ILR. See the copy paste of guidance note :

(d)
The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must:
still hold, or have applied for a renewal of, a Tier 2 Sponsor licence in the relevant category; and
certify in writing that:
(1) he still requires the applicant for the employment in question, and
(2) in the case of a Tier 2 (General) Migrant applying for settlement, the applicant is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J, or where the applicant is not paid at that rate only due to maternity, paternity or adoption leave, the date that leave started and that the applicant was paid at the appropriate rate immediately before the leave.

Sorry can I asked you one more question, my employer letters are not properly company headed letters, it was wrote by my employer on word format and comany name, address, email, and phone number given on the all letters and signed and stamped by the employer with date. Is that ok ? If you want to see the letters I can post you later.
Thank you again for answering my questions and giving your precious time.

Vicky

Vicky81
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Re: Tier2 General Changing the Employer Settlement applicati

Post by Vicky81 » Mon Apr 27, 2015 2:08 pm

Sorry one more think my employer is licences employer but recently B grated and he paid the fees to upgrade licences from A grade to B grade. Is that ok or it does affect the ILR application.
Thank you
Vicky

manci
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Re: Tier2 General Changing the Employer Settlement applicati

Post by manci » Mon Apr 27, 2015 3:01 pm

The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must ...certify in writing that:
(1) he still requires the applicant for the employment in question

Note that it is essential to have such a letter.

my employer letters are not properly company headed letters, it was wrote by my employer on word format and comany name, address, email, and phone number given on the all letters and signed and stamped by the employer with date. Is that ok ?
should be OK

..my employer is licences employer but recently B grated..
Sponsors who are downgraded to a B rating are given an action plan by the HO and have 3 months to comply with it. B grading shouldn't affect your application for ILR but keep an eye on developments

Vicky81
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Re: Tier2 General Changing the Employer Settlement applicati

Post by Vicky81 » Mon Apr 27, 2015 8:17 pm

Thank you manci for reply. According to Claus
"The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must ...certify in writing that:
(1) he still requires the applicant for the employment in question"
I think it covers in my letter from employer, which is in my document list number 9.
9. Letter from employer confirming the Annual Salary with SOC Code. Please see below wording of my letter :
This is to confirm that Mr xxxxxxx is employed by Xxxx company in the UK as a full time permanent employee since xxxx as an xxxx post
( SOC code - xxxx) and his current rate of pay is £ xxxx per annum, above the appropriate rate for the job, as stated in the the Codes of Practice in Appendix J.
He is required by Xxxxxx company for the foreseeable future. Should you require information, please contact undersigned.
Is that above letter is ok to cover that Claus ?
Thank you manci for reading and replying my post.

Vicky

manci
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Re: Tier2 General Changing the Employer Settlement applicati

Post by manci » Tue Apr 28, 2015 8:50 am

Vicky81 wrote: He is required by Xxxxxx company for the foreseeable future.
this should cover it

Vicky81
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Re: Tier2 General Changing the Employer Settlement applicati

Post by Vicky81 » Tue Apr 28, 2015 9:43 pm

Thank you manci for your reply and answering all my questions. Finger crossed hopefully my all the documents are ready now with your help and also thank you to moderator and other members of the board for your help and giving such a nice platform to solve immigration quarries without any charge. God bless you all and hopefully with the grace of god I will come back to with good news next week .
Once again Thank you manci and every for your help.

Vicky

Vicky81
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Re: Tier2 General Changing the Employer Settlement applicati

Post by Vicky81 » Sat May 02, 2015 1:44 pm

Hi manci before going for ILR next week , can you please answer my last question ?
My employer letter explain how much I paid annually ( gross pay before tax ) and employer need me in future as well but doesn't says how many hours in a week/year I am working. Shall I need to include in the letter weekly hour or it's fine ? I did fill in the application form my annual pay with total annual and weekly hours in the column where it asked.
Thank you
Vicky

manci
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Re: Tier2 General Changing the Employer Settlement applicati

Post by manci » Sat May 02, 2015 8:09 pm

Vicky81 wrote:Hi manci before going for ILR next week , can you please answer my last question ?
My employer letter explain how much I paid annually ( gross pay before tax ) and employer need me in future as well but doesn't says how many hours in a week/year I am working. Shall I need to include in the letter weekly hour or it's fine ? I did fill in the application form my annual pay with total annual and weekly hours in the column where it asked.
Thank you
Vicky
the salary must be at or above what is given for the job SOC code taking account of the hours worked. This is what the employer should certify in the letter. See the rule in para 245HF(d)(ii):
https://www.gov.uk/government/uploads/s ... _final.pdf

Vicky81
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Re: Tier2 General Changing the Employer Settlement applicati

Post by Vicky81 » Sat May 02, 2015 8:29 pm

Thanks manci for reply. Salary is above the experienced person pay as per SOC CODE and mention in employer letter but only missing number of hours in the letter. It does say I am full time permanent employee and gross salary per annum. I's that ok ? It covers all the Claus asked in guidance.
Just want to make sure with you.
Thank you
Vicky

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