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Tier 2(General) to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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kk1612
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Joined: Wed Mar 15, 2017 11:05 am

Tier 2(General) to ILR

Post by kk1612 » Mon Sep 11, 2017 10:44 am

Hi,
Can experts help me, please?

I switched from PSW visa to Tier 2 general visa.
First Tier 2 General Visa
Valid from: 15-March-2013
Valid till: 14-April-2016

Extended Tier 2 General Visa
Valid from: 13-April-2016
Valid till: 15-March-2019

When does my ILR qualifying period start?
My first tier 2 general visa stamped on 15-March-2013, but in HMRC records my employment start date is from 01-May-2013 which is 45 days after the first visa stamp date.
I have no salary paid for March and April 2013, my pay roll start from May 2013 and I was in India from 27-April-2013 to 31-May-2013(but salary paid for May month).

Now when does my clock starts for 5 years count is it from 15-March-2013 or 01-May-2103 or 01-April-2013?

iworker
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Location: Hampshire
Mood:
Pakistan

Re: Tier 2(General) to ILR

Post by iworker » Mon Sep 11, 2017 11:30 am

28 days beore 15 march 2018

kk1612
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Posts: 28
Joined: Wed Mar 15, 2017 11:05 am

Re: Tier 2(General) to ILR

Post by kk1612 » Mon Sep 11, 2017 12:06 pm

iworker wrote:
Mon Sep 11, 2017 11:30 am
28 days beore 15 march 2018
Thank you for your quick reply.
But I have not paid for March, April 2013. My pay roll starts from Mary 2013 and I am in India in May month.

When I talk to a lawyer, he said that because your pay roll start from May 2013 you are eligible 28 days before MAY 2013 ( which is 02-April-2018)

Can you please give some clarification on this.

Thanks

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
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Re: Tier 2(General) to ILR

Post by iworker » Mon Sep 11, 2017 1:24 pm

The requirement is when u complete your qualifying time. The definition of that relates to start date of visa and not start date of work

kk1612
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Posts: 28
Joined: Wed Mar 15, 2017 11:05 am

Re: Tier 2(General) to ILR

Post by kk1612 » Mon Sep 11, 2017 1:26 pm

Thank you very much.

kk1612
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Posts: 28
Joined: Wed Mar 15, 2017 11:05 am

Re: Tier 2(General) to ILR

Post by kk1612 » Tue Sep 12, 2017 12:23 pm

Hi,
I have another question here.

While I am on Tier 2 general visa, my employer had put me as a Director of that company from March 2013 to November 2013 and again from March 2014 to June 2014.

When I google my name it showing(in company house website) Role as Director and Occupation as IT Consultant (where as my role during that period was Graduate Developer according to CoS) of that limited company during the above-mentioned dates. Current status is Inactive.

Is it ok, a Tier 2 general employee act as a Director for the sponsored company?
I have not taken any dividends or files SA at all.

Will it be a problem for my ILR if caseworker checks that? Can they reject my ILr on this basis?

Thanks

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zimba
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Re: Tier 2(General) to ILR

Post by zimba » Tue Sep 12, 2017 3:53 pm

You can be the director of the company given that your job duties did not change. Also you cannot own more than 10% of your sponsor’s shares
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kk1612
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Posts: 28
Joined: Wed Mar 15, 2017 11:05 am

Re: Tier 2(General) to ILR

Post by kk1612 » Thu Sep 14, 2017 10:30 am

kk1612 wrote:
Mon Sep 11, 2017 10:44 am
Hi,
Can experts help me, please?

I switched from PSW visa to Tier 2 general visa.
First Tier 2 General Visa
Valid from: 15-March-2013
Valid till: 14-April-2016

Extended Tier 2 General Visa
Valid from: 13-April-2016
Valid till: 15-March-2019

When does my ILR qualifying period start?
My first tier 2 general visa stamped on 15-March-2013, but in HMRC records my employment start date is from 01-May-2013 which is 45 days after the first visa stamp date.
I have no salary paid for March and April 2013, my pay roll start from May 2013 and I was in India from 27-April-2013 to 31-May-2013(but salary paid for May month).

Now when does my clock starts for 5 years count is it from 15-March-2013 or 01-May-2103 or 01-April-2013?
Hi Experts,
I have met many immigration lawyers and everyone is saying that I cannot count my 5 years from my visa stamp date or my employment start date according to SMS (01-Apr-2013) because the salary was not paid for April 2013.
Because I was in India from 27th April 2013 to 31st May 2013, I can say that I was on paid leave from 1st May 2013 to 31st May 2013 and get a letter from employer to justify any absence more than 28 days in that year. In my case, crossed the annual limit, holidays between 27th April 2013 to 31st May 2013.

Can Experts suggest when exactly my 5 years count start from?

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: Tier 2(General) to ILR

Post by iworker » Thu Sep 14, 2017 11:31 am

when u say lawyers.. are u sure they are lawyers?
do their name appear on here?
http://solicitors.lawsociety.org.uk/

kk1612
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Posts: 28
Joined: Wed Mar 15, 2017 11:05 am

Re: Tier 2(General) to ILR

Post by kk1612 » Thu Sep 14, 2017 12:18 pm

iworker wrote:
Thu Sep 14, 2017 11:31 am
when u say lawyers.. are u sure they are lawyers?
do their name appear on here?
http://solicitors.lawsociety.org.uk/
Just checked. I met 3 Solicitors, and I can see one of them were in the link you provided.
But 3 guys gave me same information.

Thanks

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: Tier 2(General) to ILR

Post by iworker » Thu Sep 14, 2017 1:23 pm

Do what they are saying then i guess.

kk1612
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Posts: 28
Joined: Wed Mar 15, 2017 11:05 am

Re: Tier 2(General) to ILR

Post by kk1612 » Mon Nov 27, 2017 10:47 am

Hi CR001, Can you please provide your valuable inputs on my questions.

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