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SET (O)

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

tier2ilr
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Tier 2 (G) to ILR

Post by tier2ilr » Wed Nov 15, 2017 1:28 pm

Hi

Applying for ILR on 5 years stay on TIER 2 (G)

1) Can you please confirm which ILR form main applicant needs to fill? is it SET (O)? Is it same FORM for for spouse and KIDS?Is is online form or i have to send the Printed one ?

2) The 1st visa was granted as Main Applicant profession was in shortage occupation list where as at the time of extension SOC was not under Shortage occupation list.Does it affect my application in any way?

3)Main applicant took maternity leave of 6 months and remain in UK and was paid less pay during these months will this effect the application in any way?

4)Which letters main applicant need to take from employers?

Past employer -- Paid Leaves Letter, Maternity Leave letter ( if required)
Current employer --- letter that they need main applicant for indefinite period (Sample please if any one have that)
Letter samples if available on the forum


Dependants

1 Daughter (Born India)
1 Son ( Born in UK)


5) All dependants are with main applicant throughout the time 4 years and 11 months.which documents we need to show for co-hebation. Can Main applicant and dependants apply same time when main applicant is applying or they need to complete full 5 years before applying ILR .


6) is it right that Son born in UK doesn't need to apply as once Main applicant get ILR we apply for his citizenship directly... But what need to show to case worker at the stage of ILR if he ask why we didnt applied for him?


7)Do we need to show Maintenance funds at the time of Ilr?

8)how can i check if i owe any NHS charges as it was not the requirement when i applied for the Tier2 Extension?

Your prompt reply is highly appreciated.

Thanks

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Re: Tier 2 (G) to ILR

Post by CR001 » Wed Nov 15, 2017 1:42 pm

1. Set(O). One form for all of you together.

2. No.

3. No.

4. All letters, absence out of UK and 'required for the foreseeable future'. indefinite-leave-to-remain/employer-let ... 52143.html and indefinite-leave-to-remain/employer-let ... 76413.html

5. Depends on when the PBS dependents ENTERED the UK. PBS Dependents it counts from entry date. PBS main visa holder counts from visa issue date. All applicants can apply WITHIN 28 days before reaching 5 years.

6. Correct. Simply state you are registering the child as BC under Section 1(3) of the BNA.

7. No.

8. Why do you think you have outstanding NHS charges? As Tier 2 visa holders, you are entitled to use the NHS and don't have to pay for medical care. IHS (immigration health surcharge) is NOT relevant to ILR applications.
Char (CR001 not Casa)
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tier2ilr
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Re: Tier 2 (G) to ILR

Post by tier2ilr » Wed Nov 15, 2017 8:13 pm

Hi

Thanks for the prompt response.

Just a quick question .

As you said answer to question no 5

"All applicants can apply WITHIN 28 days before reaching 5 years."

The whole family is going to apply after around 5 years and few days due to some commitments is that OK? or it must be with those 28 days?

As my understanding was that one can apply anytime after completing 4 years and 11 months for ILR.
Please advise.

Thanks

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Re: Tier 2 (G) to ILR

Post by CR001 » Thu Nov 16, 2017 1:04 pm

As my understanding was that one can apply anytime after completing 4 years and 11 months for ILR.
Correct.
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tier2ilr
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Tier 2 (G) to ILR ( Maternity Leave issue)

Post by tier2ilr » Mon Dec 04, 2017 12:11 am

Hi

Main Applicant took Maternity Leave 6 Months in 2013 and spent that leave in UK. What exact letter i need with application from my previous employer ? Do i need any letter stating Salaries received in those months?
An urgent response is highly appreciated.


Thanks

tier2ilr
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Queries Tier 2 (G) to ILR

Post by tier2ilr » Sun Dec 10, 2017 11:29 am

Hi

Time Line:

Date of Tier 2 Visa Granted : 29th Nov 2012
Date of Arrival of Main Applicant, Spouse and 1 Kid : 2nd Dec 2012
First Job Started With NHS Trust : 10th Dec 2012
Main Applicant Maternity Leave Start Date : 1st October 2013
Main Applicant Maternity Leave End Date : 30th March 2014
(During Maternity Applicant remain in UK)

Applied for another Job with another NHS trust & Visa granted for 2nd Job on:3rd Feb 2015
Left 1st Job as for T&C to complete 3 months Notice : 6th March 2015
Joined 2nd Job on : 16 March 2015
2nd Visa Valid till: 28 Nov 2018

Dependent and Main applicant spend time together in UK.

My First Job was under Shortage occupation List while 2nd job was not.

My Queries:

1) During Maternity Leave 2 months full salary given then 2 months half salary then 1 month a little less and last month just the statutory Maternity leave Salary given. Is it OK or any issues can get raised for less salary during Maternity ?

2)Received 2nd Job visa on 3rd Feb and still worked for 1st employer to complete 3 months Notice is that OK?

3)I have all P-60 but the P-60 of 2014-15 is not covering 1st job salary received as its just covers 1 month of New job salary what document should i get from 1st employer stating that i worked 11 months with Them as that 11 months P-60 is not with me?What should i do?

4) I have printout of all P-60? does it need to be signed by NHS trust ? Who will sign it HR or payroll?

5) Do i need any letter from 1st employer showing Paid Maternity leave?

6)Do i need any other letter from 1st employer for ILR?

7) How many months Payslips i have to show to Home office?

8 ) How many months Bank statements i need to show?

9) What are the possible acceptable cohabitation documents for Spouse we need to show?

Your prompt reply is highly appreciated.

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Sun Dec 10, 2017 8:45 pm

Dear All

Any response to my last queries as i mentioned everything with time line

Your prompt reply is highly appreciated

Thanks

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Sun Dec 10, 2017 11:53 pm

Hi

Time Line:

Date of Tier 2 Visa Granted : 29th Nov 2012
Date of Arrival of Main Applicant, Spouse and 1 Kid : 2nd Dec 2012
First Job Started With NHS Trust : 10th Dec 2012
Main Applicant Maternity Leave Start Date : 1st October 2013
Main Applicant Maternity Leave End Date : 30th March 2014
(During Maternity Applicant remain in UK)

Applied for another Job with another NHS trust & Visa granted for 2nd Job on:3rd Feb 2015
COS Joining Date for 2nd Job Start Date was 1st March 2015
Left 1st Job as per 3 months Notice : 6th March 2015
Joined 2nd Job on : 16 March 2015

As you can see i worked 6 days more after new COS joining date. Does it create any issue?


2nd Visa Valid till: 28 Nov 2018

Dependent and Main applicant spend time together in UK.

My First Job was under Shortage occupation List while 2nd job was not.

My Queries:

1) During Maternity Leave 2 months full salary given then 2 months half salary then 1 month a little less and last month just the statutory Maternity leave Salary given. Is it OK or any issues can get raised for less salary during Maternity ?

2)Received 2nd Job visa on 3rd Feb 2015 and still worked for 1st employer to complete 3 months Notice is that OK?

3)I have all P-60 but the P-60 of 2014-15 is not covering 1st job salary received as its just covers 1 month of New job salary what document should i get from 1st employer stating that i worked 11 months with Them as that 11 months P-60 is not with me?What should i do?

4) I have printout of all P-60? does it need to be signed by NHS trust ? Who will sign it HR or payroll?

5) Do i need any letter from 1st employer showing Paid Maternity leave?

6)Do i need any other letter from 1st employer for ILR?

7) How many months Payslips i have to show to Home office?

8 ) How many months Bank statements i need to show?

9) What are the possible acceptable cohabitation documents for Spouse we need to show?

Your prompt reply is highly appreciated.

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Mon Dec 11, 2017 2:38 pm

Hi

Any response Please for above Questions Please ?


Thanks

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Tue Dec 12, 2017 6:43 pm

Dear CR001

Thanks for your guidance regarding Posting. You are always helpful whenever i have any issues for my TIER-2. Actually you are the one who responded and guided me for my queries. Can you please give some advise on the questions i have requested.

Best Regards


Hi

Time Line:

Date of Tier 2 Visa Granted : 29th Nov 2012
Date of Arrival of Main Applicant, Spouse and 1 Kid : 2nd Dec 2012
First Job Started With NHS Trust : 10th Dec 2012
Main Applicant Maternity Leave Start Date : 1st October 2013
Main Applicant Maternity Leave End Date : 30th March 2014
(During Maternity Applicant remain in UK)

Applied for another Job with another NHS trust & Visa granted for 2nd Job on:3rd Feb 2015
COS Joining Date for 2nd Job Start Date was 1st March 2015
Left 1st Job as per 3 months Notice : 6th March 2015
Joined 2nd Job on : 16 March 2015

As you can see i worked 6 days more after new COS joining date. Does it create any issue?


2nd Visa Valid till: 28 Nov 2018

Dependent and Main applicant spend time together in UK.

My First Job was under Shortage occupation List while 2nd job was not.

My Queries:

1) During Maternity Leave 2 months full salary given then 2 months half salary then 1 month a little less and last month just the statutory Maternity leave Salary given. Is it OK or any issues can get raised for less salary during Maternity ?

2)Received 2nd Job visa on 3rd Feb 2015 and still worked for 1st employer to complete 3 months Notice is that OK?

3)I have all P-60 but the P-60 of 2014-15 is not covering 1st job salary received as its just covers 1 month of New job salary what document should i get from 1st employer stating that i worked 11 months with Them as that 11 months P-60 is not with me?What should i do?

4) I have printout of all P-60? does it need to be signed by NHS trust ? Who will sign it HR or payroll?

5) Do i need any letter from 1st employer showing Paid Maternity leave?

6)Do i need any other letter from 1st employer for ILR?

7) How many months Payslips i have to show to Home office?

8 ) How many months Bank statements i need to show?

9) What are the possible acceptable cohabitation documents for Spouse we need to show?

Please respond Urgently as i have booked my premium appointment.

Thanks

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Wed Dec 13, 2017 5:09 pm

Hi

Please respond

Thanks

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Thu Dec 14, 2017 4:21 pm

Please All the senior members please guide on the above queries

Thanks

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Re: Queries Tier 2 (G) to ILR

Post by makky86 » Thu Dec 14, 2017 4:31 pm

1) During Maternity Leave 2 months full salary given then 2 months half salary then 1 month a little less and last month just the statutory Maternity leave Salary given. Is it OK or any issues can get raised for less salary during Maternity ?
This is fine. If the salary reduces due to maternity leave its not going to impact ILR.

Page 70 https://www.gov.uk/government/uploads/s ... -2-v28.pdf
2)Received 2nd Job visa on 3rd Feb 2015 and still worked for 1st employer to complete 3 months Notice is that OK?
Yes that is normal nothign to worry about. What was the start date in COS and what date you left employer A before joinng employer B ?
3)I have all P-60 but the P-60 of 2014-15 is not covering 1st job salary received as its just covers 1 month of New job salary what document should i get from 1st employer stating that i worked 11 months with Them as that 11 months P-60 is not with me?What should i do?
You don't need P60 for ILR. CW can easily see all the information from HMRC see.

https://online.hmrc.gov.uk/account
4) I have printout of all P-60? does it need to be signed by NHS trust ? Who will sign it HR or payroll?
p60 is not required. Its not in the guidance document.
5) Do i need any letter from 1st employer showing Paid Maternity leave?
Yes. You should get letter from your 1st employer.
6)Do i need any other letter from 1st employer for ILR?
If any absenses out of the uk during time with 1st employer you'd need letter confirming that abses were part of annual vacation and paid or business related trip !
7) How many months Payslips i have to show to Home office?
Last 3 months ((should not be dated more than one month from date of application)
8 ) How many months Bank statements i need to show?
Last 3 months ((should not be dated more than one month from date of application)
9) What are the possible acceptable cohabitation documents for Spouse we need to show?
indefinite-leave-to-remain/set-o-ilr-co ... 21525.html
II Youths a stuff neve endures II

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Thu Dec 14, 2017 5:43 pm

Thanks Makky86

Time Line

Date of Tier 2 Visa Granted : 29th Nov 2012
Date of Arrival of Main Applicant, Spouse and 1 Kid : 2nd Dec 2012
First Job Started With NHS Trust : 10th Dec 2012
Main Applicant Maternity Leave Start Date : 1st October 2013
Main Applicant Maternity Leave End Date : 30th March 2014
(During Maternity Applicant remain in UK)

Applied for another Job with another NHS trust & Visa granted for 2nd Job on:3rd Feb 2015
COS Joining Date for 2nd Job Start Date was 1st March 2015
Left 1st Job as per 3 months Notice : 6th March 2015
Joined 2nd Job on : 16 March 2015

As you can see i worked 6 days more after new COS joining date. Does it create any issue?


2nd Visa Valid till: 28 Nov 2018

Dependent and Main applicant spend time together in UK.

My First Job was under Shortage occupation List while 2nd job was not.

QUESTION 2


Received 2nd Job visa on 3rd Feb 2015 and still worked for 1st employer till 6th March 2015 while COS date on New employer joining date was 1st March i spend 6 days with 1st employer extra as i had to complete 3 month Notice period .is that OK? while joined new employer on 16th March 2015 after getting late joining approval via email from New employer to join after 15th. Reason was shifting and admission of kids to new school.

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Re: Queries Tier 2 (G) to ILR

Post by makky86 » Thu Dec 14, 2017 5:59 pm

tier2ilr wrote:
Thu Dec 14, 2017 5:43 pm
Thanks Makky86

Time Line

Date of Tier 2 Visa Granted : 29th Nov 2012
Date of Arrival of Main Applicant, Spouse and 1 Kid : 2nd Dec 2012
First Job Started With NHS Trust : 10th Dec 2012
Main Applicant Maternity Leave Start Date : 1st October 2013
Main Applicant Maternity Leave End Date : 30th March 2014
(During Maternity Applicant remain in UK)

Applied for another Job with another NHS trust & Visa granted for 2nd Job on:3rd Feb 2015
COS Joining Date for 2nd Job Start Date was 1st March 2015
Left 1st Job as per 3 months Notice : 6th March 2015
Joined 2nd Job on : 16 March 2015

As you can see i worked 6 days more after new COS joining date. Does it create any issue?


2nd Visa Valid till: 28 Nov 2018

Dependent and Main applicant spend time together in UK.

My First Job was under Shortage occupation List while 2nd job was not.

QUESTION 2


Received 2nd Job visa on 3rd Feb 2015 and still worked for 1st employer till 6th March 2015 while COS date on New employer joining date was 1st March i spend 6 days with 1st employer extra as i had to complete 3 month Notice period .is that OK? while joined new employer on 16th March 2015 after getting late joining approval via email from New employer to join after 15th. Reason was shifting and admission of kids to new school.
This is no issue at all.
II Youths a stuff neve endures II

tier2ilr
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Re: Queries Tier 2 (G) to ILR

Post by tier2ilr » Thu Dec 14, 2017 6:15 pm

Thanks a lot Makky86

As i was worried about 6 days extra spend with 1st Employer after COS date.Thinking those 6 days spent as ILLEGAL .

Thanks for clarification that COS date is not an issue.

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Re: Queries Tier 2 (G) to ILR

Post by makky86 » Thu Dec 14, 2017 6:25 pm

tier2ilr wrote:
Thu Dec 14, 2017 6:15 pm
Thanks a lot Makky86

As i was worried about 6 days extra spend with 1st Employer after COS date.Thinking those 6 days spent as ILLEGAL .

Thanks for clarification that COS date is not an issue.
Its not illegal. You're fine.
II Youths a stuff neve endures II

tier2ilr
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SET (O)

Post by tier2ilr » Wed Dec 20, 2017 7:41 pm

Hi Senior Members

Query 1


https://www.gov.uk/government/uploads/s ... -10-17.pdf

SET (o) Page 18


I am not currently on maternity Leave but i was on maternity leave from 1st Oct 2013 to 31 March 2014. Due to maternity Leave as per P-60 my Pay for that year was £36065.Where as as per "Codes of Practice for Skilled Workers 2015" for SOC 2211 the salary mentioned for Speciality doctor and equivalent: £37,176.My question is Do i need to fill below information on Page 18 of Set (O) or not?
If you are unable to meet the appropriate rate of pay because you are on maternity, paternity, shared parental or adoption leave, you should answer questions 5.7, 5.8 and 5.9. If this does not apply to you, please go to section 6.

Query 2


SET (o) Page 77

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.


What documents we need to show for this?


Thanks

tier2ilr
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Re: SET (O)

Post by tier2ilr » Thu Dec 21, 2017 11:00 am

Senior Members

Please respond to my request.


Regards

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makky86
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Re: SET (O)

Post by makky86 » Thu Dec 21, 2017 11:11 am

I am not currently on maternity Leave but i was on maternity leave from 1st Oct 2013 to 31 March 2014. Due to maternity Leave as per P-60 my Pay for that year was £36065.Where as as per "Codes of Practice for Skilled Workers 2015" for SOC 2211 the salary mentioned for Speciality doctor and equivalent: £37,176.My question is Do i need to fill below information on Page 18 of Set (O) or not?
No. You don't have to fill. This is for those people whose salary is reduced due to the maternity leave and applying ILR. If you had maternity leave before just submit letter. But don't fill thsi section.



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.
Nothing


It's their usual approach. which is to make the forms as non user friendly as possible!

If for example you were combining time spent as a Tier 1 General migrant and a Tier 2 migrant to make up the 5 year period, you would need to show that you met the requirements of the immigration rules whilst you were a Tier 1 migrant.

In your situation, because you have spent all 5 years as a Tier 2 migrant, this doesn't apply to you. Best wishes with the ILR application.
II Youths a stuff neve endures II

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Re: SET (O)

Post by CR001 » Thu Dec 21, 2017 11:20 am

Kindly refrain from starting new topics on the same application you already have a running topic on.

Multiple Topics/Posts - topics merged (click)
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

tier2ilr
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Re: SET (O)

Post by tier2ilr » Thu Dec 21, 2017 11:32 am

Hi Makky86

Thanks for the quick response .

I am not currently on maternity Leave but i was on maternity leave from 1st Oct 2013 to 31 March 2014. Due to maternity Leave as per P-60 my Pay for that year was £36065.Where as as per "Codes of Practice for Skilled Workers 2015" for SOC 2211 the salary mentioned for Speciality doctor and equivalent: £37,176.My question is Do i need to fill below information on Page 18 of Set (O) or not?
No. You don't have to fill. This is for those people whose salary is reduced due to the maternity leave and applying ILR. If you had maternity leave before just submit letter. But don't fill thsi section.
Don't you think that i am short of Salary by £ 1111.

£37176 - £36065 = £1111

Regards

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Re: SET (O)

Post by makky86 » Thu Dec 21, 2017 11:40 am

tier2ilr wrote:
Thu Dec 21, 2017 11:32 am
Hi Makky86

Thanks for the quick response .

I am not currently on maternity Leave but i was on maternity leave from 1st Oct 2013 to 31 March 2014. Due to maternity Leave as per P-60 my Pay for that year was £36065.Where as as per "Codes of Practice for Skilled Workers 2015" for SOC 2211 the salary mentioned for Speciality doctor and equivalent: £37,176.My question is Do i need to fill below information on Page 18 of Set (O) or not?
No. You don't have to fill. This is for those people whose salary is reduced due to the maternity leave and applying ILR. If you had maternity leave before just submit letter. But don't fill thsi section.
Don't you think that i am short of Salary by £ 1111.

£37176 - £36065 = £1111

Regards
What is your current salary and SOC code? How much you have been paid for last 6 months?
II Youths a stuff neve endures II

tier2ilr
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Re: SET (O)

Post by tier2ilr » Thu Dec 21, 2017 11:46 am

Hi

The maternity leave was in Oct 2013 to March 2014.

My current salary and salaries for rest of the years are above SOC code except 2013-14 .Current salary is above £81000. The only shortfall is for Financial year 2013-2014 as per my understanding amounting to £1111 due to maternity.

During last 12 months i was paid as per £81000.
My SOC code is 2211

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Re: SET (O)

Post by makky86 » Thu Dec 21, 2017 11:49 am

tier2ilr wrote:
Thu Dec 21, 2017 11:46 am
Hi

The maternity leave was in Oct 2013 to March 2014.

My current salary and salaries for rest of the years are above SOC code.Current salary is above £81000. The only shortfall is for Financial year 2013-2014 as per my understanding amounting to £1111 due to maternity.

During last 12 months i was paid as per £81000.
My SOC code is 2211
As I said that the section is for those whole are applying for ILR but cannot meet the £35K reqruirement but th reason is that their salary was reduced to maternity leave.
In your case it is not the case and you are not supposed to fill in the section.

Just o be on the safe side have the letter for the maternity leave you took badk in 2013
II Youths a stuff neve endures II

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