ILR Query

[Preethi2018]

Hi

Myself, currently Tier2 Main Applicant (entered U.K in 2012 as student, after Completion of Masters in 2014,got Tier2 General in 2014 for 3 years i.e., till 2017). In 2017, got Tier2 extended till 2020. However, received curtailment to leave letter from Home Office and deadline is till July 8th. I'm planning to submit new application in June, to get this issue sorted.


My husband, who is my Tier2 Dependant is here from 2008 September. Once our present immigration issue is sorted and once we get new visas ( Hopefully by July), he would be applying for his ILR in 10 Years continuous route in September.

My Query is - In September , Once my husband gets his ILR in 10 yrs route, i heard that i CANNOT get my ILR too by becoming his dependant. Due to some issues with my sponsor, i may/may not apply for ILR in 2019 in my 5 years Tier2 route.Is there any chance i can get my ILR at the same time along with my husband in September 2018? If not this option and also if i cannot apply for my ILR in my own Tier2 5 yrs route in April 2019, what are the OTHER alternatives to get my ILR ASAP, apart from my 10 years route which will make me eligible for ILR in 2022.

Can someone please help ASAP.

[CR001]

Is there any chance i can get my ILR at the same time along with my husband in September 2018?

No there is not. ILR LR does not permit dependents to apply for ILR.

If not this option and also if i cannot apply for my ILR in my own Tier2 5 yrs route in April 2019, what are the OTHER alternatives to get my ILR ASAP, apart from my 10 years route which will make me eligible for ILR in 2022.

Switch to FLR(M) spouse visa, which will reset your clock for ILR based on 5 years residence. There is no quicker route other than Tier 2, unless you reach 10 years residence first.

What visa are you applying for before your curtailment end period?

[Djsuccess]

Due to some issues with my sponsor, i may/may not apply for ILR in 2019 in my 5 years Tier2 route.

Can someone please help ASAP.

Why was your visa curtailed? Any issue with your sponsor shouldn't stop you from applying for ILR using 5 years route as long as you can find another sponsor and make another tier 2 application before your curtailment period expires. Your shortest route remains via Tier 2.

[Preethi2018]

Thanks very much for the information.

We got curtailment letter on May 4th through post and it gives deadline till July 8th.We are planning to apply for Tier2 visa before this deadline(Should this be New Tier2 OR Tier2 extension application????).

I hope submitting new application by June ending or July first week doesn't affect or break my husband's continuous residence and hope it doesn't effect his ILR in 10 years route. Could you please confirm.

Regarding the curtailment, it's a company takeover from company X to company Y. Company Y doesn't have sponsor license yet, audit done twice by home office and employer is saying that no update after audit yet.

Our curtailment letter says reason as sponsor license of company X (old company who sold) expired.BUT even now I don't understand how can home office ppl send us that letter while they themselves came and done audit for new company and dint provide audit result status yet.

My employer is saying NOT to write or contact hi e office .BUT , do you think home office sent this letter by any mistake?Do you suggest me writing to home office asking I'm legally given TUPE during take over, waiting for audit result . please update ASAP.

[Djsuccess]

Thanks very much for the information.

We got curtailment letter on May 4th through post and it gives deadline till July 8th.We are planning to apply for Tier2 visa before this deadline(Should this be New Tier2 OR Tier2 extension application????).

I hope submitting new application by June ending or July first week doesn't affect or break my husband's continuous residence and hope it doesn't effect his ILR in 10 years route. Could you please confirm.

Regarding the curtailment, it's a company takeover from company X to company Y. Company Y doesn't have sponsor license yet, audit done twice by home office and employer is saying that no update after audit yet.

Our curtailment letter says reason as sponsor license of company X (old company who sold) expired.BUT even now I don't understand how can home office ppl send us that letter while they themselves came and done audit for new company and dint provide audit result status yet.

My employer is saying NOT to write or contact hi e office .BUT , do you think home office sent this letter by any mistake?Do you suggest me writing to home office asking I'm legally given TUPE during take over, waiting for audit result . please update ASAP.

if you are making another application with a different sponsor, then it's like an extension as you are already on tier 2 and only changing employer.

As per the curtailment, your sponsor will need to follow up with UKVI. The reason for the curtailment is because company x will no longer be able to sponsor a tier 2 worker after they were taken over and company x is not a registered sponsor. Although you have TUPE which allows you to work for company y, company doe not have the licence to sponsor you. TUPE is related to employment and not immigration. I understand that UKVI shouldn't issue curtailment while company x is undergoing an audit to get Tier 2 licence.
check that company y is saying the truth about the status of the audit.

[CR001]

Due to some issues with my sponsor, i may/may not apply for ILR in 2019 in my 5 years Tier2 route.

Can someone please help ASAP.

Why was your visa curtailed? Any issue with your sponsor shouldn't stop you from applying for ILR using 5 years route as long as you can find another sponsor and make another tier 2 application before your curtailment period expires. Your shortest route remains via Tier 2.

Read the OPs post in tier 2 subforum for the full details.

[Preethi2018]

Thank you very much for the previous information sir/madam.

Having received curtailment letter on May 4th, I'm in the process of finding another sponsor so that I can submit new Tier2 extension application for myself and my husband before 8th July which is the deadline given by home office to us in curtailment letter.

I have a very very important query -

My present company where I'm working after TUPE letter (Company Y which took over Company X .Company X whose sponsor license expired due to which we got curtailment letter) - I have NOT received my pay onto my bank account in the month of May and this is likely to happen in June too.

I spoke to my employer, they are being rude to me and they are just saying that they are running my pay and sending respective documentation related to HMRC about my monthly pay for May & June BUT they are saying that wantedly they are NOT crediting salary money into my account.

If I don't receive May & June month pay, will this be of an issue to me. Will I be needing to show my May & June payslips or bank statements or anything when I submit new application to home office before July end OR having not received may and June pay will this effect during my ILR in future???

Please can you let me know ASAP.

Thanks in advance