Shifting to ILR from Tier 2 (General Visa)

[urashid81]

Hello,

I got my Tier 2(General) Visa on August 29, 2012. My wife got her Tier 2 Dependant visa on Nov 2, 2012.

Our current visas are valid until Oct 30, 2017 and we are applying for ILR.

I can apply for ILR now (as my 5 years on Tier 2 visa would be complete on August 29, 2017). but she has to wait at least until Oct 4, 2017 (i.e. 28 days before her 5 years on Tier 2 dependant visa are complete).

I have some questions:

1) If I apply for ILR now, can she apply for ILR as a Tier 2 dependant in Oct 2017 while my ILR application is still under process?

2) Should I wait until Oct 2017 and we both apply for ILR together? Someone told me that Tier 2 dependant has to apply for ILR at the same time as main applicant otherwise she has to get her Tier 2 visa extended and then apply for ILR when I have my ILR application appproved.

Looking forward to hearing from you.

Thanks.

[iworker]

you could do either way.
Someone has told u wrong.
If your ilr is not decided by the time she completes her 5 years, she can apply and add a note to application that main applicant application is still pending and that her application should be looked at when main applicant is decided.

[urashid81]

Thanks for the prompt reply.

Another question: My son was born in UK a year ago. Should I apply for his ILR along with my application as well? Or can I apply for his citizenship after my ILR has been approved?

My Tier 2 visa (as well as my son's Tier 2 dependant) expires on OCT 30, 2017. What would the visa status of my son if I don't submit his ILR now and apply for his citizenship after getting my ILR?

Thanks

[iworker]

once u get ilr, u can register him for MN1 reg. He can skip ilr.
he will be overstayer if u dont apply with u. however being overstayer will not be a problem in doing the mn1 reg

[urashid81]

Thanks again.

Another question: my Tier 2 (General) expires on Oct 30, 2017. If I apply for ILR now, do I have to work with the same employer or can I change employer while my ILR application is still in process?

Thanks.

[makky86]

Thanks again.

Another question: my Tier 2 (General) expires on Oct 30, 2017. If I apply for ILR now, do I have to work with the same employer or can I change employer while my ILR application is still in process?

Thanks.

You should not change employer until your application for ILR is approved. Normally if your case is straight forward you'll get approval same day , if you apply-in-person

[urashid81]

I am applying by post, not in person.

What if my employer does not extend my contract while my ILR is under process? Does it have any impact on my application?

[CR001]

I am applying by post, not in person.

What if my employer does not extend my contract while my ILR is under process? Does it have any impact on my application?

You cannot change employer until your ILR is granted. Your EXISTING tier 2 general conditions continue until you are granted ILR which means you can ONLY work for your tier 2 general sponsor.

If this is an issue regarding your job contract, you should apply for ILR in person.

Are you sure you will be able to get the 'required for the foreseeable future' letter from your employer??

[urashid81]

i have got letter that says my current contract is valid until Oct 30, 2017. Would that be that enough?

Or should I get a different letter stating they would extend my contract after the current contract expires?

[CR001]

i have got letter that says my current contract is valid until Oct 30, 2017. Would that be that enough?

No, this is not enough.

Or should I get a different letter stating they would extend my contract after the current contract expires?

The letter must state "....will be required for the foreseeable future".

[urashid81]

Hello,

Since I am applying for ILR under Tier 2, Section 6 of the application says that I should provide 'Evidence of all work-related absences (including paid annual leave)'.

I have changed 3 employers during past 3 years and have had taken vacations during each period of employment. Do I need to provide letters from all previous employers to show my period of vacations? Or can I just write my own letter describing why I took vacations.

Thanks

[iworker]

Ideally it should be letters from those employers.
This is why the UKVI guidance says that when changing employers, u should get a letter from employer u are leaving to confirm the dates u have been away for.
However, if it is not possible, maybe u can explain that in a letter and list down all the dates u have been away