My 1st Tier2 Sponsor company was dissolved & couldn't pay 7 months salary, can I still apply for ILR from 2nd sponsor?

[Mr AAL]

My five years route under Tier 2 General will complete on September 2019. I want to be well prepared. but wondering, my 7 months salary was due and never paid by 1st sponsor because of company strike off and dissolved. Can I still apply for ILR under 5 years route? Currently I am employed by 2nd sponsor and have 5 years visa valid till sep/2020.

My Immigration Timeline/History:
1. Arrived in the UK 2 September 2010 under tier 4 student.

2. Switched to PSW in July 2012 after master degree.

3. Switched to tier 2 general in August 2014.
(My 1st sponsor company paid salary for September, October and November 2014. And fall into sudden financial crisis. And couldn’t afford to pay me salary from December 2014 to July 2015, company strike off and dissolved)

4. Meanwhile, I got another job offer in February 2015, and decided to resign and switch to my 2nd sponsor company in July 2015. got tier 2 general visa from August 2015 till 31 August 2020 (5 years).

Question: Can I still apply for ILR under 5 years route? Is there any problem, as my first employer didn't pay Salary, TAX and National Insurance for 7 months during I was employed by them?


Thanks in advance

[CR001]

You risk having issues getting ILR based on Tier 2 General.

indefinite-leave-to-remain/tier-2-to-il ... 60799.html

[Mr AAL]

Hello CR001
Thank you for your reply.
Do you have any idea, considering my history what is best I can do?

Kind regards,

Aal

[Mr AAL]

You risk having issues getting ILR based on Tier 2 General.

Hello CR001

Is there any way I can pay due TAX by myself?

Regards,
Aal

[zimba]

The question is if you were not paid any salary or issued any payslips during that 7 months ? I am going to assume this was the case.

At the moment UKVI is very likely to refuse applications on this basis but I really hope the refusal based on this issue is viewed unfair in the courts.
I also think migrants will be in a weaker position if they continue to work for a company when it stops paying salary/taxes.
Normally, failure of a company to pay taxes or going into administration should not reflect negatively on an applicant when he/she had no legal obligation, duty or ability to pay any of the taxes, particularly if the employee was NOT paid at all (no taxes were due) you were not issued any payslip. Unfortunately every case is different and arguing your case could be tough however if the UKVI reason of refusal is that you failed to pay taxes, they might have a weak case.

[giri_b]

Hello CR001
Thank you for your reply.
Do you have any idea, considering my history what is best I can do?

Kind regards,

Aal

HI .. can you please share outcome of your situation . Did you get ILR ?

[Mr AAL]

Hi, I am still looking for a solution, and seems like no one has a clue how to face this problem.

Regards
[/quote]

HI .. can you please share outcome of your situation . Did you get ILR ?
[/quote]

[Hex]

Mr AAL,
Me too in the same situation. Did you manage to get ILR?

[Hex]

Hi, I am still looking for a solution, and seems like no one has a clue how to face this problem.

Regards

HI .. can you please share outcome of your situation . Did you get ILR ?
[/quote]
[/quote]

Mr AAL,
Me too in the same situation. Did you manage to get ILR?

[CR001]

Can members please not dig up and tag onto old topics.

The user has NOT applied for ILR as of 11th February.

uk-tier-4-student-visas/questions-about ... l#p1739642