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Regd. holidays before commencing employment

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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sk13aaa
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Joined: Mon May 16, 2016 4:45 pm

Regd. holidays before commencing employment

Post by sk13aaa » Tue May 17, 2016 2:21 pm

Hello,

I got my Tier 2 Visa (switched from PSW) end of November 2013. My employer told me to take couple of months break and come back to UK (since it will be difficult to find a contract in December and January). It was on the basis that I will be on permanent roll with them but I have to find a contract myself and pay them commission every month. I went back to my country and came to UK after 2 months. I struggled initially to find a contract but managed to get one. My sponsor started paying me only from Feb 2014.

After 8 months, I moved on from that employer to another permanent position.

My query is, how can I justify those 2 month holidays, while applying for ILR (I understand there is a long way)

Also I dont have a offer letter from my previous employer. Not sure how to handle this situation as well.

hope someone can help me here.

Thx

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CR001
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Re: Regd. holidays before commencing employment

Post by CR001 » Tue May 17, 2016 2:29 pm

(since it will be difficult to find a contract in December and January). It was on the basis that I will be on permanent roll with them but I have to find a contract myself and pay them commission every month.
Contracting and working for an 'umbrella company' under Tier 2 General is illegal and not permitted. A genuine Tier 2 General sponsor will NOT charge you a commission or expect you to find your own 'contracts'.
Char (CR001 not Casa)
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sk13aaa
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Posts: 24
Joined: Mon May 16, 2016 4:45 pm

Re: Regd. holidays before commencing employment

Post by sk13aaa » Tue May 17, 2016 2:40 pm

Hello CR001,

thanks for reply.

What you mentioned is true but unfortunately there exists such sponsors and I was left with no choice to take it up that time.

Now I'm with a genuine employer.

thx

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Regd. holidays before commencing employment

Post by noajthan » Tue May 17, 2016 2:44 pm

sk13aaa wrote:Hello CR001,

thanks for reply.

What you mentioned is true but unfortunately there exists such sponsors and I was left with no choice to take it up that time.

Now I'm with a genuine employer.

thx
You have clearly been scammed and there may be repercussions if you ever have to rely on that period of time for migration matters in the future.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sk13aaa
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Posts: 24
Joined: Mon May 16, 2016 4:45 pm

Re: Regd. holidays before commencing employment

Post by sk13aaa » Tue May 17, 2016 2:58 pm

Hi noajthan,

thanks for you reply.

I cudnt understand your reply.

Do you mean to say, I wont be able to count / show that period ( the period I worked with sponsor) towards ILR? They gave me payslips, p60 for the end of the year and p45 when I left them. Only things is, I dont have a offer letter from them.

Will this still be an issue?

thx

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Regd. holidays before commencing employment

Post by noajthan » Tue May 17, 2016 3:07 pm

sk13aaa wrote:Hi noajthan,

thanks for you reply.

I cudnt understand your reply.

Do you mean to say, I wont be able to count / show that period ( the period I worked with sponsor) towards ILR? They gave me payslips, p60 for the end of the year and p45 when I left them. Only things is, I dont have a offer letter from them.

Will this still be an issue?

thx
Yes, its an issue as the old 'sponsor' (the 8 months one) was not a valid sponsor.
I was also thinking of any future citizenship application.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sk13aaa
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Posts: 24
Joined: Mon May 16, 2016 4:45 pm

Re: Regd. holidays before commencing employment

Post by sk13aaa » Wed May 18, 2016 11:23 am

Yes, its an issue as the old 'sponsor' (the 8 months one) was not a valid sponsor.
I was also thinking of any future citizenship application.
what do you mean by "not a valid sponsor". They do have sponsorship to raise COS and other things.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Regd. holidays before commencing employment

Post by noajthan » Wed May 18, 2016 11:24 am

sk13aaa wrote:...

what do you mean by "not a valid sponsor". They do have sponsorship to raise COS and other things.
As above:
A genuine Tier 2 General sponsor will NOT charge you a commission or expect you to find your own 'contracts'
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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