ILR Tier 2 - 5 years route

[rickysatij]

Dear all,

first of all thank you for this forum. It has always help me and my friends to learn about the visas.

I have got an issue with ILR

My ILR is due next month (completed 5 eyars in tier 2), but i just now realised that it might be refused, as my employer didnt pay me wages for 3 months in 2016.

does that effect my ILR? I was working for him but he didnt pay me any wages through PAYE. As i was in a process of changing my employer. that 3 months i was working for him just to help him document my work.

Thanks

[CR001]

So were you only 'working' to avoid the gap of 60 days between leaving a job and making a new application???

[paradoxical]

When was your last working day with your previous employer and then on what date did you apply for a new Tier 2 to start working with the new employer?

[mspr335]

did you receive your P45 from your old employer . when is the end date on P45 and have you applied with in 2 months of your employment end date .

[1mm1bunny]

my solicitor has told me a case she had before, same as yours. employer didn't pay tax for the employee for half a year. but at last, still got ILR (on the same day, no waiting).
The key is to be honest with Home Office, mention that in cover letter, don't wait for them to find out.
They shouldn't punish you for employer's mistake. but i assume you should pay back the tax now, to show you acknowledge this mistake and tried your best to correct it.
Get a good solicitor, those who doesn't scare you by saying ohhhh you are in big trouble..

[Casa]

So were you only 'working' to avoid the gap of 60 days between leaving a job and making a new application???

I'm guessing (as I believe CR001 has) that this isn't a 'mistake' by the employer, but that the OP worked without pay in order to convince the HO that there was no 60 day gap between employment.

@1mm1bunny Pay back what tax? The OP didn't earn anything. i.e he worked for 'free' as a favour to his ex-employer.

[priya_grg44]

Hi there,
I am going to apply for my settlement visa extension next month. There are number of questions which I want to share so that I can get help from you. Originally, I am from Nepal and my husband is a British citizen. I haven't been away from this country for more than 2 years. My first question is, do I still need to do TB test? Secondly, to show the genuine relationship, what sorts of documents we need to submit>? Does it includes photographs? Finally, I am with the same employer for more than 6 months. However, my husband changed his job in feb 2017 but he immediately join another organization. So,in this case which category should be chosen, category A or B?
Thank you

[Casa]

Hi there,
I am going to apply for my settlement visa extension next month. There are number of questions which I want to share so that I can get help from you. Originally, I am from Nepal and my husband is a British citizen. I haven't been away from this country for more than 2 years. My first question is, do I still need to do TB test? Secondly, to show the genuine relationship, what sorts of documents we need to submit>? Does it includes photographs? Finally, I am with the same employer for more than 6 months. However, my husband changed his job in feb 2017 but he immediately join another organization. So,in this case which category should be chosen, category A or B?
Thank you

You've tagged your post on to the end of a thread that has no relevance to your question. Please open your own topic in the Immigration for Family Members sub-forum and post there.