Foreseeable Future requirement

[Rashakassem82]

Hi, I am hoping to apply for the ILR soon but I have a query about the requirement of employer mentioning in the letter that my employment will continue for the foreseeable future. My employer only agrees to mention that my contract is full time and permanent. HR explained that mentioning the contract is permanent suffice for the foreseeable future requirement. Can anyone advise is this is true? I am very worried my application will be rejected on that ground!

[CR001]

The letter needs to state 'foreseeable future' in regards to your position/job and your current salary being paid. This is clearly stated in the Immigration Rules as a requirement for ILR (assuming you are currently on Tier 2).

[Rashakassem82]

Many thanks for getting back to me on this. Unfortunately, HR refused to write this statement in the letter & confirmed that other University staff submitted the template they provide with no foreseeable future statement and that their applications were accepted. I have noticed that some of the letters posted did not include the word foreseeable either. Are you aware of any applications that were rejected because of this missing statement? Surely if the contract is permanent and has no end date, then this implies continuous employment in the future. Can anyone please advise? The guidance does not state that the letter has to be worded in a specific format. Foreseeable future in that case could be worded differently, perhaps? Any advice on this would be much appreciated.

[CR001]

Again, assuming you are on Tier 2 (as you don't state which catogory), below is the immigration rules. Maybe show HR and remember that the rules are frequently updated. There was one refusal a couple of months ago that I can recall off hand.

Immigration Rules Part 6 : 245 HF(c)(i)(ii) (1)(2) - ILR requiremernts (click)

245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant
To qualify for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, in any combination of the following categories:
(i) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
(ii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,
(iii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(2) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer,
(iv) as a Representative of an Overseas Business,
(v) as a Highly Skilled Migrant, or
(vi) as a Work Permit Holder.
(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
(i) still hold a Tier 2 Sponsor licence in the relevant category, or have an application for a renewal of such a licence currently under consideration by the Home Office; and
(ii) certify in writing:
(1) that he still requires the applicant for the employment in question for the foreseeable future,
(2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,
(3) if the applicant is currently on maternity, paternity, shared parental or adoption leave, the date that leave started, confirmation of what the applicant’s salary was immediately before the leave, and what it will be on the applicant’s return, and
(4) if the applicant is paid hourly, the number of hours per week the salary in (2) or (3) is based on.

[Rashakassem82]

Hi, sorry I didn’t mention that I am applying for ILR under Tier 2 general. Just to let you know, I have just contacted the U.K. border agency about this & the caseworker confirmed that this statement does not have to be mentioned on the letter. He explained that the idea is to ensure the employment has not or is not going to be terminated before the application for ILR & that a confirmation that the contract is permenant should be enough. I thought of sharing this for other applicants who might be concerned about the same thing. Thanks again for your reply.

Thanks

[makky86]

Hi, sorry I didn’t mention that I am applying for ILR under Tier 2 general. Just to let you know, I have just contacted the U.K. border agency about this & the caseworker confirmed that this statement does not have to be mentioned on the letter. He explained that the idea is to ensure the employment has not or is not going to be terminated before the application for ILR & that a confirmation that the contract is permenant should be enough. I thought of sharing this for other applicants who might be concerned about the same thing. Thanks again for your reply.

Thanks

How did you contact CW ?

[Rashakassem82]

By contacting them on 0300 123 2241

[makky86]

By contacting them on 0300 123 2241

This is UKVI contact centre not CW. You cannot contact CW

As per my understanding
This contact center is outsourced.

Also this helpline is well known to provide wrong information most of the times. If you phone them 3-5 times you'll get different answers.

[Rashakassem82]

Thanks for alerting me to that fact! I'll show HR the requirements you sent me and a copy of the guidance. Hope they will provide what is required.

I have another query please. Regarding the bank statement that I need to submit, does it have to be the statement where my salary goes or can I just submit a statement from my savings account? Is there any financial maintenance requirements for tier 2 general applying for ILR? There is no mention of that in the guide.

Thanks again for your help
Rasha

[tier21419]

I believe you have to show the statement with your salary.

[makky86]

Thanks for alerting me to that fact! I'll show HR the requirements you sent me and a copy of the guidance. Hope they will provide what is required.

I have another query please. Regarding the bank statement that I need to submit, does it have to be the statement where my salary goes or can I just submit a statement from my savings account? Is there any financial maintenance requirements for tier 2 general applying for ILR? There is no mention of that in the guide.

Thanks again for your help
Rasha

There is no maintenance requirement for ILR. The purpose of the bank statement is that CW will make sure that you're paid the salary.

So yes, you should provide the bank statment(3 months) where the salary is deposited

[Rashakassem82]

Unfortunately, HR refused to include this statement on the letter even after showing them the requirements! They said that mentioning the contract is permanent suffice for the foreseeable future requirement. I am not sure what to do Are you sure the case that was refused before was on a full time permanent contract? Any advice on how to proceed with this will be highly appreciated.

[makky86]

Unfortunately, HR refused to include this statement on the letter even after showing them the requirements! They said that mentioning the contract is permanent suffice for the foreseeable future requirement. I am not sure what to do Are you sure the case that was refused before was on a full time permanent contract? Any advice on how to proceed with this will be highly appreciated.

If your HR is so confident then it should be fine. I have known some users posting that their letter didn't mention the word "forseeable future" and still their ILR was approved.

I wish best of luck and do come back once your ILR is approved

[Rashakassem82]

Many thanks for your reply and kind wishes. I hope to be lucky with my ILR application!

[sabm84]

Hi
Could you please confirm whther you got your ilr??
I am in the same situation and my employer is not willing to add the forseeable future text in the letter.

[Camilla C]

Many thanks for getting back to me on this. Unfortunately, HR refused to write this statement in the letter & confirmed that other University staff submitted the template they provide with no foreseeable future statement and that their applications were accepted. I have noticed that some of the letters posted did not include the word foreseeable either. Are you aware of any applications that were rejected because of this missing statement? Surely if the contract is permanent and has no end date, then this implies continuous employment in the future. Can anyone please advise? The guidance does not state that the letter has to be worded in a specific format. Foreseeable future in that case could be worded differently, perhaps? Any advice on this would be much appreciated.

My bank also refuses to use words "in foreseeable future" in the letter for my ILR. and showing them the guideline makes no difference. Only "employment is ongoing".

[Rashakassem82]

Hi,
Yes, I have got my ILR and the foreseeable future requirement was not a problem. I guess as long as your employer states that your contract is permanent or open-ended, you will have no problem in getting the ILR. Some of the people I have seen there had HR letters stating their employment is ongoing for another year or two and they also got the ILR. It’s better to apply at a premium service to get a decision on the same day though. It’s much better than sending your documents by post.

Good luck