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Urgent: Employer letter

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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meecee
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T1 to T2 to ILR

Post by meecee » Tue Aug 27, 2019 5:01 am

Dear Members,

I spent 3 years on T1 Ent and then switched to T2 General immediately after receiving T1 extension. Now I have completed 5 years based on the initial date of my T1 Ent visa.

While filling the online form it doesn't ask me anything about my T1 visa. Am I missing something while filling? I have listed all my absences however only the absences during my T2 visa will be in my absence letter from my employer. How do put the proof for the first 3 years when I was on T1 visa? I just selected the option for 'letter from employer' but not sure if this would be the correct option since the leaves on T1 wont be there in the employer letter.

I assume the 5 years residency counts from the initial date of my T1 visa and this will also include the time spent by home office in processing my visa application during the extension?

Please advise.

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aby00156
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Re: T1 to T2 to ILR

Post by aby00156 » Tue Aug 27, 2019 8:30 am

your case is same as mine.

Just refer to my post. This should answer all your questions.
indefinite-leave-to-remain/successfull- ... l#p1809261
So verily, with every difficulty, there is relief.

meecee
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Joined: Mon Apr 03, 2017 6:47 pm

Re: T1 to T2 to ILR

Post by meecee » Fri Aug 30, 2019 2:19 pm

Thanks aby00156

I assume you provided a generic letter for all absence list whilst on T1 and the letter from employer covered your T2 absences?

One last question as per my initial query. Is my 5 years counted from Tier 1 approval date? I ask this because there was a years gap in processing my application for extension and so after my extension I immediately switched to tier 2. Now if I calculate it correctly my 5 years will be 3 on Tier 1 Initial, 1 year of processing, 1 year on tier 2 (Was granted 3 years of T2 so still have 2 years remaining at this point) and this is how I calculated my eligibility for ilr based on 5 years. Am I calculating it correctly? I am just unsure if that 1 year of processing time can be included in my 5 year calculation.

Please advise.

meecee
Newly Registered
Posts: 11
Joined: Mon Apr 03, 2017 6:47 pm

Re: T1 to T2 to ILR

Post by meecee » Fri Aug 30, 2019 6:43 pm

Any advise members?

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CR001
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Re: T1 to T2 to ILR

Post by CR001 » Fri Aug 30, 2019 7:00 pm

Your residence starts counting from the initial visa date of issue of the tier 1 visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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aby00156
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Joined: Mon May 19, 2014 11:38 pm
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Re: T1 to T2 to ILR

Post by aby00156 » Mon Sep 02, 2019 9:02 pm

meecee wrote:
Fri Aug 30, 2019 2:19 pm
Thanks aby00156

I assume you provided a generic letter for all absence list whilst on T1 and the letter from employer covered your T2 absences?

One last question as per my initial query. Is my 5 years counted from Tier 1 approval date? I ask this because there was a years gap in processing my application for extension and so after my extension I immediately switched to tier 2. Now if I calculate it correctly my 5 years will be 3 on Tier 1 Initial, 1 year of processing, 1 year on tier 2 (Was granted 3 years of T2 so still have 2 years remaining at this point) and this is how I calculated my eligibility for ilr based on 5 years. Am I calculating it correctly? I am just unsure if that 1 year of processing time can be included in my 5 year calculation.

Please advise.
Yes, I provided a letter from employer for T2 absences and a generic letter covering all T1 and T2 absences.
Your can apply ILR based on the issue/approval date of your 1st T1 visa. Thats what I used.
So verily, with every difficulty, there is relief.

meecee
Newly Registered
Posts: 11
Joined: Mon Apr 03, 2017 6:47 pm

Urgent: Employer letter

Post by meecee » Fri Sep 27, 2019 5:49 am

Hi

I am due to apply ilr now. I have been on t1 ent and then switched to t2 a year back. Now upon asking for a letter of absences from my employer they have listed all my absences in the letter. Even when I was on t1. I wonder if this will be an issue? Not sure if they listed all accidentally. Should I get it rectified to list only the ones taken during my employment with them? Please advise as I have my appointment soon.

Many thanks.

meecee
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Joined: Mon Apr 03, 2017 6:47 pm

Re: Urgent: Employer letter

Post by meecee » Fri Sep 27, 2019 8:26 am

Any advise senior members? CR001, Zimba?

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CR001
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Re: Urgent: Employer letter

Post by CR001 » Fri Sep 27, 2019 9:07 am

Your tier 2 sponsor has no authority to authorise or give a letter for your absence on a visa they did not sponsor you for.

You might be opening a can of worms here if you use and HO assumes you were PAYE employed while on Tier 1 Ent, which would be a breach of your Tier 1 Ent visa conditions.

How would your current sponsor know what your absences pre Tier 2 are anyway???
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: T1 to T2 to ILR

Post by CR001 » Fri Sep 27, 2019 9:09 am

aby00156 wrote:
Mon Sep 02, 2019 9:02 pm
meecee wrote:
Fri Aug 30, 2019 2:19 pm
Thanks aby00156

I assume you provided a generic letter for all absence list whilst on T1 and the letter from employer covered your T2 absences?

One last question as per my initial query. Is my 5 years counted from Tier 1 approval date? I ask this because there was a years gap in processing my application for extension and so after my extension I immediately switched to tier 2. Now if I calculate it correctly my 5 years will be 3 on Tier 1 Initial, 1 year of processing, 1 year on tier 2 (Was granted 3 years of T2 so still have 2 years remaining at this point) and this is how I calculated my eligibility for ilr based on 5 years. Am I calculating it correctly? I am just unsure if that 1 year of processing time can be included in my 5 year calculation.

Please advise.
Yes, I provided a letter from employer for T2 absences and a generic letter covering all T1 and T2 absences.
Your can apply ILR based on the issue/approval date of your 1st T1 visa. Thats what I used.
You were already advised of this and how to do it earlier this month!!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

meecee
Newly Registered
Posts: 11
Joined: Mon Apr 03, 2017 6:47 pm

Re: Urgent: Employer letter

Post by meecee » Fri Sep 27, 2019 9:24 am

Thanks CR001

They asked me for me passport when preparing the letter to verify all the leaves spent outside the UK. This is how they know about all my leaves before my T2. They accidentally have mentioned all the leaves instead of only the ones that I spent after I joined the firm. I did inform them and they said it was a mistake and they are going to send me a revised letter instead.

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