tier 2 route to ILR issues and confusions

[jgandam]

hi i am on tier 2 visa since 2012 to till 09-10-2018 with the same sponsor
the issue is
1. employer have two companies A and B.
2. A is parent company and B is owned by A (B is subsidiary of A)
3.COS was issued from B
4.Working location is A , getting SALARY,pay slips ,P60 and all from A
5.employer declared with HMRC as both companies are under one management and same director
and even at company house company structure is A hold 100% shares of B
6.employer said they updated with HOME OFFICE as well ( nature of business is same and both companies are under one roof and under one person )
7. employer gave me employer letter on A company letter head as
both companies are same and same director and A holds B
Now my question is as i got COS from child company am i allowed to work at parent company and get paid from parent company
employer strictly said they are allowed to employ either of the locations

please any one from forum suggest me or guide me if any thing problem in it
thank you in advance.

[crazy_p]

Hi jgandam,

I am kind of in the same boat as you (May be other way-round) . But I am not applying for ILR recently and I've got more time to have a look. (Around 10-12 months)

I am also sponsored by [X] the parent company, but i am working/paid under their LLP Designated Member, [Y]. The payslips are from [Y] too. While giving me the contract etc, they assured me the same as your company, saying they've informed HO and taken necessary steps to clarify that this is possible /allowed and no problem to get paid and work in a LLP Designated Member of [X] (Parent Company).

But I am in a doubt too. Not sure this will help you, but thought to share my experience.

If you got more details or once you went through this successfully, please update the thread as this will help me too.

Good luck with everything!

[jgandam]

hi,
I have worked for the pharmacy since 2010 till date
Home office have visited the work place, have interviewed employer and myself and employees under tier 2(2 people)

Questions asked me.
1) work address, contracted hours and pattern of shifts
2) current salary and salary history,
i answered to them current salary 36k , the salary history was sent to them next day by providing p60 of all years i have worked for the company, April 2018 p60: 24,190.

They asked to the employer following questions:
1) what is job description and duties of mine and colleagues because it has not been ever updated by employer to home office through SMS
2) the employer was asked to submit education certificate and bank statements of her employees (last 3 months)
3)the employer was asked to provide a letter by monday 26-11-2018 explaining why my salary was raised from £24,190 to 36k from august 2018

Please any one suggest me what could be the reasons we can provide to home office for increment in my salary,thanks in advance

[Johnnydep]

Have you been promoted as a result or point rise?

I believe home office wants to make sure that the point rise is not because of the attempt to meet the salary threshold.

[CR001]

Please any one suggest me what could be the reasons we can provide to home office for increment in my salary

Only you and your employer knows the reason. Which to be honest, at a sudden £12k increase just before applying for ILR, appears to be an increases for exactly that reason, to meet the salary threshold for ILR. Stranger's on the Internet can't give good reasons as we don't know you or your employer. Also not a good idea to lie to HO either.

Did all employees get a £12k increase?? I am guessing not.

This would have been an instant red flag for HO, who have been hot on such cases of sudden large increases for ILR for the last couple of years now.

HO will want to know why you have not be worthy of this level of pay the whole time if you have been in the same job for many years.

Does your sponsor realise that their tier 2 licence could be at risk of suspension or revocation too?