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ILR Checklist - doc to support period prior to Tier 2

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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mastermind19
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Joined: Mon Feb 06, 2017 7:51 pm

ILR Checklist - doc to support period prior to Tier 2

Post by mastermind19 » Tue Oct 30, 2018 10:37 pm

Hello Team,
I have a query regarding which date should I be considering to calculate 5 yr period for ILR application.
Pls see below application history (all applications made within UK).

Switch to Tier 2 General from Tier 1 PSW
Tier 2 General : leave granted on 22-Jan-2014 and the same printed on BRP card as Date of Issue (Expiry 15-Jan-2017)
However, the BRP card had an error in my first name and so I has it returned for replacement.

The replacement BRP card that I received then had new Date of Issue as 19-Feb-2014 (but same Expiry 15-Jan-2017).

Based on above, are you able to advise what should I consider for my 5 yr eligibility period during ILR application : starting 22-Jan-2014 or 19-Feb-2014 ???

Any questions, pls let me know. Many Thanks.

mastermind19
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Posts: 9
Joined: Mon Feb 06, 2017 7:51 pm

Gap in Ending Date & Starting Date during Tier 2 Extension application

Post by mastermind19 » Tue Oct 30, 2018 10:54 pm

Hello Team,

My initial 3yr Tier 2 Visa had Ending Date @ 15-Jan-2017 as mention on BRP card.

I had applied/submitted application for another 3yr extension on 29-Nov-2016, and was granted leave on 18-Jan-2017.
BRP Card Starting Date being the same 18-Jan-2017.

In above case, there is a 3 day gap between expiry date and starting date of the two application/BRP cards.
How does this affect my ILR application ? Do I need to consider anything in such instances ? Pls advise.

Note: Both applications were made under the same Employer.

vinny
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Re: Help with 5 year eligibility starting date

Post by vinny » Tue Oct 30, 2018 11:29 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Help with 5 year eligibility starting date

Post by vinny » Tue Oct 30, 2018 11:34 pm

I think start date should be 22 Jan 2014.

If you extended in-time, then there is no gap. You are covered under Section 3C.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mastermind19
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Posts: 9
Joined: Mon Feb 06, 2017 7:51 pm

Re: Help with 5 year eligibility starting date

Post by mastermind19 » Tue Nov 13, 2018 9:38 am

Thanks Vinny.

I spoke to an Immigration Firm, and I am informed that within the july2018 Guidance doc there is a note as marked below.

"Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

The Letter received prior to BRP is the letter of confirmation of application = the date of decision, so yes 22-Jan is to be the starting date ! Thanks.

mastermind19
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Posts: 9
Joined: Mon Feb 06, 2017 7:51 pm

ILR supporting letter from current employer/sponsor (format)

Post by mastermind19 » Fri Dec 14, 2018 11:43 pm

Hello Team,
The ILR application (under Tier 2 migrant) checklist says one of the requirements below :-

A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are: still required for the employment in question for the foreseeable future, and in the case of Tier 2 (General), Tier 2 (Sports Person) and Tier 2 (Intra Company Transfer)
migrants this document should also contain:
> the nearest applicable SOC code which best describes your employment
> your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and
> confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 8 below)


DO YOU HAVE ANY STANDARD FORMAT OF LETTER TO SATISFY ABOVE REQUIREMENTS


In the past, I could see a more simplistic letter that many of my friends had provided.
It was on the lines of ...
"This is to confirm that Mr. XXX XXX (Passport#) is employed by XXXX Ltd in a full-time, permanent position of a XXX Engineer and his employment with us will be required for the foreseeable future.
Below is a record of Mr. XXX’s time-off work outside of the UK.
From xx/xx/xxxx To xx/xx/xxxx - Personal"

mastermind19
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Posts: 9
Joined: Mon Feb 06, 2017 7:51 pm

ILR Checklist - doc to support period prior to Tier 2

Post by mastermind19 » Fri Dec 14, 2018 11:51 pm

Hello Team,
In my ILR application checklist, following is requested.
Any idea how do I support the evidence ?

"For the period before you were granted leave as
a Tier 2 migrant, documents showing that you
met the relevant requirements of the
immigration rules. For further information
concerning the evidence required, please refer
to the Tier 2 migrant policy guidance on our
website"

I came to UK as a student > gained PSW visa > then been in Tier 2 for last 5 yrs.

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zimba
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Re: ILR Checklist - doc to support period prior to Tier 2

Post by zimba » Sat Dec 15, 2018 12:42 am

PLEASE DO NOT start new posts for each question for your ILR case. Stick to this one only :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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