Tier 2 General - ILR

[manojb]

Hi,

Thanks for your help in advance.

I have come to the UK on 17th Feb 2013 on tier 2 general visa.

There was a delay on my employer signing the contract with a client and I have started working from the 1st May 2013 and my employer did not pay any salary till April 2013.

My question is - can I apply for ILR in Feb 2018 or do I need to wait till may 2018.

[Casa]

"did not pay any salary till April 2013."

If you started work in May 2013, what date did you employer start to pay you? Surely not in April 2013 (one month before your start date)

[manojb]

Hi Casa, Thanks for your response.

My employer started paying me from 1st may 2013.

I have received my first pay on 29th May 2013.

Thanks

[CR001]

A delay of a contract by your employer should not affect your employment. What was the job start date in your CoS and contract?

Is this a legitimate sponsor or an umbrella company??

[manojb]

Hi CR001,

Job start date on COS is 14th Feb. I was on training for till 01-May-2013.

My employer was a legitimate sponsor.

Thanks

[CR001]

More than 2 months training?? Was the training part of your contract??

[manojb]

Hi,

Yes - The training was part of my contract.

Thanks

[CR001]

Then you probably should have been paid then. Did you not question this or is the contract specific about non-payment while training? Where was the training done (at the employer)?

Most employers who require you to do some training, pay you while training as your start date is mandated by the contract, which includes the training period. Having worked in head office HR in one of the Big 5 retailers, this is standard practice.

[manojb]

The training was at the employer's premises.

No - I did not question this as the only way I was allowed to work in this country is if an employer sponsor's me and I didn't want to question them and be in trouble.

I am no longer with that employer now and as there is no way I can go back and ask them to pay for that period.

I was just wondering if I can apply for ILR considering the date of my visa stamping or the date I have started receiving salary from.

Thanks.