ILR - Redundant but still employed..URGENT PLEASE

[nihongo63]

Hello everyone,

I request some urgent advice on my ILR application which is due at PEO Glasgow on May 29, 2012....week on Monday next.

I am employed with same company since June 2007, my WP visa (valid for 5 years) was stamped on May 20, 2007 and I entered UK on June 23, 2007. Now my Tier 2 visa (converted from WP) is valid through July 2014 and I have BRP cards issued.

However the company went into consolidation in March and served me a redundancy notice in April 2012, with my end date being Aug 03, 2012 as per compromise agreement. During consultation period HR assured me that they will issue me all required documents to assist my ILR.

Today HR Manager told me that she cannot put the continued employment line in the employment letter as below:

"He is a permanent employee and required by the company for a foreseeable future."

In fact she will have to mention that I am being made redundant ???

I think she is technically and legally correct.

My question is how important is this line about continued employment?? Since I have completed five (5) years basis my visa stamp date and in employment at the time of ILR application should I just take the letter saying I am employed with the company.

I have all other documents in good order as required (per list on this forum).

I had read another thread on redundancy earlier but cannot it now....as I thought I was clear on this issue...but now this....

PLEASE ADVISE...

Many thanks,
Nihon

[timarli]

I really don't know and can't figure out an answer to your question but I wish you good luck. Hopefully it will work out well!

But I also find that "employer has to declare that they still need the migrant" rule is very silly and makes no sense.
I mean the employer made an offer to you because they NEEDED you. And you served the company for 5 years that's it. The NEED STORY should be over.

To me, ILR is a right you earn by "the work you did in the past 5 years" plus "your intention to live here in the future".

Not with the "the work you did in the past 5 years" plus "a guarantee of your future work". You already showed that your intention to work and live here. And with this logic then they should reject migrants applying for ILR if they are 1 year away from their retirement age. Or any women who're about to give birth because the employer can't guarantee that they'll work can they?

If I were you I would see an immigration solicitor and consider getting a provisional letter from a different company which says "yes we would like to start this persons employment from next month" or something. That shows that you are needed in this country which hopefully is the reason they require such letter when applying for ILR in the first place!

[akash08]

section 11B:

A document from the employer named in your current work permit containing the following information:
- confirmation that you are still required for the employment in question

So, what you need in the letter is the word that you are still required which is true in your case as your employment is till August.

Foreseeable future is not required in your case. That is required for the following categories:

continuously in this work throughout that period.
a) Minister of religion, missionary or member of a religious order (see Note 6)
b) Representative of an overseas newspaper, news agency or broadcasting organisation
c) Private servant in a diplomatic household (see Note 7)
d) Overseas government employee
e) Member of the operational ground staff of an overseas-owned airline

[nihongo63]

Hi Timarli,

Thank you for your comments and I agree it makes no sense to get this line written on my letter as I have completed 5 years with same company and am also required till August.

In fact I have a confirmed offer of job with another company but it says subject to my getting indefinite leave, this because I had mentioned to them that I will get my ILR in May. I will carry this offer of employment with me to PEO and hope it will help.

I have another meeting with HR on Monday and hope to argue my case with them.

Thanks again.
Best regards,
Nihon

I really don't know and can't figure out an answer to your question but I wish you good luck. Hopefully it will work out well!

But I also find that "employer has to declare that they still need the migrant" rule is very silly and makes no sense.
I mean the employer made an offer to you because they NEEDED you. And you served the company for 5 years that's it. The NEED STORY should be over.

To me, ILR is a right you earn by "the work you did in the past 5 years" plus "your intention to live here in the future".

Not with the "the work you did in the past 5 years" plus "a guarantee of your future work". You already showed that your intention to work and live here. And with this logic then they should reject migrants applying for ILR if they are 1 year away from their retirement age. Or any women who're about to give birth because the employer can't guarantee that they'll work can they?

If I were you I would see an immigration solicitor and consider getting a provisional letter from a different company which says "yes we would like to start this persons employment from next month" or something. That shows that you are needed in this country which hopefully is the reason they require such letter when applying for ILR in the first place!

[nihongo63]

Hi Akash08,

Thank you and noted. Please advise where I can find this reference to 11B?

I have seen section http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/ where it says in 245HF. Requirements for indefinite leave to remain at :

QTE
(d) The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that:

(i) he still requires the applicant for the employment in question, and

(ii) in the case of a Tier 2 (General) Migrant applying for settlement, that they are paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the United Kingdom Border Agency.

UNQTE

It seems I may have to get HR mention in my letter that I am still required for the employment in question, which is true to August. Now it depends upon them....

Another option is to just say that I am employed with them and my Tier 2 visa is valid through July 2014- this is fine with them but am not sure if UKBA will accept this.

What a state to be in after plodding on for 5 years with one company..!!

Thanks for your guidance.

Best regards,
Nihon

section 11B:

A document from the employer named in your current work permit containing the following information:
- confirmation that you are still required for the employment in question

So, what you need in the letter is the word that you are still required which is true in your case as your employment is till August.

Foreseeable future is not required in your case. That is required for the following categories:

continuously in this work throughout that period.
a) Minister of religion, missionary or member of a religious order (see Note 6)
b) Representative of an overseas newspaper, news agency or broadcasting organisation
c) Private servant in a diplomatic household (see Note 7)
d) Overseas government employee
e) Member of the operational ground staff of an overseas-owned airline

[JackILR]

Hi Nihongo,

I know I am five years late but under the same situation as you had. Can you please tell me how did it go ? Were you able to get your ILR ?

[CR001]

Hi Nihongo,

I know I am five years late but under the same situation as you had. Can you please tell me how did it go ? Were you able to get your ILR ?

Kindly refrain from digging up old topics. The rules have moved on since 2012 and the information in this topic is likely outdated. This user also only made the 3 posts and last logged into the forum in May 2012.

Please start your own topic with your circumstances.