ILR: Question regarding Employer Letter

[trueblue19]

Hi All

As you're aware, we need to submit a letter from the employer for the ILR purposes confirming the job is required for foreseeable future.

I'm in a bit of a unique situation and would appreciate some advise.

I have been working for Company 'X', on a full-time basis, since my Tier 2 was issued. Company X (which is an A-rated sponsor) had entity 'A' for which I was employed from Jul 2013 to Jul 2016 under Tier 2. From Aug 1, 2016, Company X had the employment moved to entity 'B' (for administrative purposes), however I have always continued to work for Company X even though entity has changed from A to B. I'm still employed with Company X.

This was of course updated on SMS and CoS as well.

Can you please advise how to put this out in the letter?

Currently am thinking of doing the following:

We confirm that Mr ABC has been employed by Company X in the UK since DD-Jul-2013 under entities of Company X: A (Jul 2013 to 31 Jul 2016) and B (1 Aug 2016 onwards). He has therefore spent a continuous period of 5 years in the UK working for the company X. We also confirm that it is our intention to retain Mr ABC in the UK for the foreseeable future.

Is this fine or am I doing something wrong?

[cyclina1]

I don't see any fault.

[trueblue19]

Thanks, my solicitor has also confirmed this is the right approach.

[trueblue19]

So I have been giving this some thought, and was a bit confused further.

My HMRC tax history shows -

Employer 1 (Entity A of company X): £XYZ tax paid from Jul 2013 to May 2016
Employer 2 (Entity B of company X): £XYZ tax paid from Jun 2016 to date

I was never assigned a new CoS when I moved from Entity A to B, which in HMRC Tax history shows as a different name to each entity (or in other words, different employer?).

My solicitor has confirmed that company changed its license from Entity A to Entity B for Tier 2 Sponsor. My question is, does this mean I have had 2 employers, and if so, should my document (especially absence document) have 2 versions? One from Jul 2013 to May 2016, and another from June 2016 onwards? Currently I have only one document showing the entire period, as I never changed employment or company, and only the license was changed in the back-end.

Please advise.

[trueblue19]

Employer 1 (Entity A of company X): £XYZ tax paid from Jul 2013 to May 2016
Employer 2 (Entity B of company X): £XYZ tax paid from Jun 2016 to date

I think I should specify this is my understanding of the scenario (which is true). To the caseworker this will look like 2 employers as the names of the 2 entities are entirely different. Having said so, we are submitting a cover letter explaining that licenses were changed in the back-end and employment has never changed nor was a new CoS issued.

I’m assuming it cant be treated as a new employment if a new CoS wasn’t issued. Correct?

[trueblue19]

Anyone? Mods?

Sorry I have the PEO appointment in the coming week so need advise here at the earliest.