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ILR Application - Employment 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

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Learner178
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ILR Application - Employment Letter

Post by Learner178 » Sun Jul 24, 2016 12:13 pm

Hi All,

I will be applying for my ILR shortly through the 5 year route. Tier 2 (General) Visa.

Reading the SET(O) guidance note, i understand that the following information is required:
1. Confirmation that you are still required for the employment in question, and
2. the nearest applicable Standard Occupational Classification (SOC) code which best describes your employment
3. Your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and
4. confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 5 on this form).

The letter I received from my HR only stated the following:
- I am permanent member of the firm since xxx
- My current rate of pay is yyyy (way above the £35k threshold)

I have been in touched with them re the requirements (2) and (4) but they told me that they have no idea re the SOC code and these requirements and never been requested such information before. Given that this is a big corporation they have issues lots of reference letters before.
Note: My previous visa application was handled by a third party agency (paid for by my employer)

My question are
Question1: By stating I am "permanent" member of staff, would it be sufficient to cover point (1) in the requirement?
Question2: Should I just accept what the HR said and use the letter as is, or the SOC code definitely needed? and is there anything that I can do to facilitate that because it does not sound like they have any ideas re that Code.

Thanks a lot for your help.

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CR001
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Re: ILR Application - Employment Letter

Post by CR001 » Sun Jul 24, 2016 1:30 pm

The letter needs to state what the guidance says, everything. It needs to state '....required in the position for the foreseeable future'.

Suggest show your HR the guidance notes.
Char (CR001 not Casa)
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Learner178
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Re: ILR Application - Employment Letter

Post by Learner178 » Wed Jul 27, 2016 9:55 pm

Thanks for the suggestion, it actually works.

Please could anyone share a template for employment letter? I used to see it in one of the sticky post but for some reason I could not find it now.

Thanks

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Re: ILR Application - Employment Letter

Post by CR001 » Wed Jul 27, 2016 10:00 pm

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.

Learner178
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Re: ILR Application - Employment Letter

Post by Learner178 » Wed Jul 27, 2016 10:20 pm

Thanks again CR001

Not sure if I miss something, but with the first link I only see some citation of the rules. In the second link, I did not see any mention of the SOC code. I also saw "You do not have the required permissions to view the files attached to this post." ==> is it the bit that you were referring to?

On a separate note, when dealing with absence, I was chasing my previous employer HR for nearly 6 months for a letter confirming my previous annual leave when working for them. They were extremely reluctant to include that information in the employment letter. Eventually, they sent me a list of my annual leave in a separate email with the note.

"Hello xxx,

This is with reference to your request for details of paid annual leaves from xxx to xxx. Please find attached the report. Please refer the header 'transaction date' as the days on which you have availed the annual leaves. Please enclose this report along with the letter provided the HR team while submitting your ILR."

Would that be sufficient for the purpose? My absence was on annual leave and way below the threshold.

Thanks again

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Re: ILR Application - Employment Letter

Post by CR001 » Wed Jul 27, 2016 10:25 pm

I have extracted the attachment letter for you, quoted below. Obviously change HO address depending on how you are applying.
UKVI
Set(O) Applications
Lunar House
40 Wellesley Road
Croydon
CR9 2BY



[date]


Dear Sirs

Application of [YOUR NAME] for indefinite leave to remain in the UK under the Work Permit approved employment category

This is to confirm that [your name] has been employed in the UK by [COMPANY NAME] Ltd since [date you first entered the UK for [COMPANY NAME]].

[His] current Tier 2 General visa is valid until [expiry date as per the VISA STAMP ON YOUR PASSPORT] but we will continue to employ him beyond that date.

[He] was absent from the United Kingdom, in India, for the following periods;

Sr. Date Out Date In Total Days Description Reason
1 01/01/2009 30/01/2009 29 Annual Leave
2 01/06/2009 15/06/2009 14 Business Trip to France
3 01/09/2009 15/10/2009 44 Business Trip to US
4 01/11/2009 30/11/2009 29 Annual Leave

Should you require any further information, please do not hesitate to contact the undersigned.

Yours faithfully




[ NAME] – Administration Manager
For & On Behalf of [COMPANY NAME]
Char (CR001 not Casa)
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Learner178
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Re: ILR Application - Employment Letter

Post by Learner178 » Wed Jul 27, 2016 10:34 pm

Thanks for your patience CR001,

I still don't see the SOC code being mentioned, I guess I have to add a sentence or two to cover that.

On the absence period, with my previous employer, would you think it is going to be alright with the way they approach it? + very minimal absence.

(I guess there is nothing I can do about it now after chasing for 6 months, but prob will feel better if someone says it is fine)

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