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Tier2 to ilr

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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Nishjeev
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Joined: Thu Jun 28, 2018 10:45 am
India

Tier2 to ilr

Post by Nishjeev » Thu Jun 28, 2018 11:02 am

Hi
I was granted tier 2 visa on the 10 th of July 2013 sponsered by an umbrella company ,Technically we are eligible for ilr now but for the initial 8 months with the umbrella company I wasn't paid any salary because I wasn't able to find a contract and so the visa was curtailed by the company on Feb 2014 so as to expire on April 2014,we found another sponsor and our tier 2 application was approved in may 2014 from then till now we have all the payments intact.Now my question is Can I apply for ilr now or should I wait for one more year so that I have full five year of tax records? My current visa expires in June 2019..please do help me with your suggestions
Tia

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CR001
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Re: Tier2 to ilr

Post by CR001 » Thu Jun 28, 2018 11:20 am

Contracting through an umbrella company on tier 2 general is illegal and not permitted, a clear breach of the immigration rules.

Did you pay a fee for your CoS??

Since May 2014 have you only been working for your sponsor on their PAYE, ie NOT contracting??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Nishjeev
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Posts: 4
Joined: Thu Jun 28, 2018 10:45 am
India

Re: Tier2 to ilr

Post by Nishjeev » Thu Jun 28, 2018 11:27 am

Yes, since May 2014 I have been on PAYE.

pere0026
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Re: Tier2 to ilr

Post by pere0026 » Thu Jun 28, 2018 2:24 pm

If the HO won't take into account that breach in the immigration law (working as a contractors) then U'll be eligible for ILR next year

Nishjeev
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Posts: 4
Joined: Thu Jun 28, 2018 10:45 am
India

Re: Tier2 to ilr

Post by Nishjeev » Thu Jun 28, 2018 2:43 pm

I had not been working as a contractor in the umbrella company.i did come for a permanent position but I wasn't paid for the first year.so basically there would be no tax records for 1st year will that affect my ilr for this year..or it is safe to apply next year?

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CR001
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Re: Tier2 to ilr

Post by CR001 » Thu Jun 28, 2018 2:45 pm

Nishjeev wrote:
Thu Jun 28, 2018 2:43 pm
I had not been working as a contractor in the umbrella company.i did come for a permanent position but I wasn't paid for the first year.so basically there would be no tax records for 1st year will that affect my ilr for this year..or it is safe to apply next year?
You were duped and scammed. You are not permitted to work through an umbrella company or third party. The fact that you were required to find your own 'contracts' means you were in breach of the tier 2 rules.

Again, as you have not answered my question, did you pay a fee to get a Certificate of Sponsorship???
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Nishjeev
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Posts: 4
Joined: Thu Jun 28, 2018 10:45 am
India

Re: Tier2 to ilr

Post by Nishjeev » Thu Jun 28, 2018 2:49 pm

No I didn't pay anything for the cos

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