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Hi. This is my first post on these forums looking for advice. My query might have been answered somewhere but I did a search and could not find it. I am a non-EU citizen on a 5 year work permit which expires in June 2011. It is not Tier 2 but the older version of it which did not require companies to register with Home Office (as it is done now) in order to get a certificate of sponsorship. This means that my company did not do so, and in effect, does not have a certificate of sponsorship. There is a letter from Home Office though which says that they can employ me on successful processing of my visa, which was done soon after that.

Now, if rules were to stay the same as they are now by June 2011, which I doubt they will, I will apply for indefinite leave using form SET(O). In the guidance for this form, there is an option to either provide certificate of sponsorhip with application or a letter from company saying that they still want to employ me. Am I right in assuming that the latter can be provided in my case without the need for going through the Tier 2 system of registering the company as a sponsor and using the new style certificate of sponsorship? Or will I have to go through the new process? Will I be classed as Tier 2 applicant still? I am the only non-EU worker in my company so cannot relate to anyone else's experience at my workplace. Any advice, experiences, etc are welcome from members who would have gone through similar situation. Thanks in advance!!

Unless you need to apply for an extension of leave before becoming eligible for settlement, Tier 2 rules / restrictions do not apply to you.

To support settlement application, (amongst other documentary evidences) you'll need:
1. WP letter issued to you, on the basis of which you applied for (and granted) leave to enter / remain, and
2. Letter from your employer that you are still needed (template).


regards

Thanks sushdmehta!