regarding letter from employer about annual leave

[yaseengani]

Hi,
I am on tier 2 ( general ) Visa that expires in feb 2019 but I complete my 5 years on Jan 2018. Before I apply , I wanted answer to some very some important question.Please if someone could throw light that would be extremely helpful.
1. My second Tier 2 was under a new employer and got it renewed before my old visa expired . But I was unemployed for 4 months. Will this be an issue ?
2. Will i have to show an earning of £ 35,000 per annum? If I am not earning the requisite salary but manage it 2-3 months prior to applying for my Visa, will that be fine? or do i have to show an earning of £35,000 PA for a certain period of time before I apply for ILR ?

[makky86]

You just need to be over £35K at the time of ILR not in last year.

But make sure there is no flucttuation in your slary like from 25k to 35K in a month

[paradoxical]

this 4 month unemployment period you are talking about,
what was the last day of employment with your previous employer and on what date did you apply for a new tier 2 visa?
If this gap is more than 60 days, then continuity of 5 years for ILR under tier 2 is broken..

[yaseengani]

hi
I ended on 30 Sept 2015 but my Visa was valid until 26 Jan 2016, I got my new Visa with new sponsors on 6 Jan 2016 and started work on 01 Feb 2017. Will that make my ILR application invalid ?? ( Also wish to add that I had to constructively dismiss myself due to breach of contract by previous employers and the matter is still in the court for last 16 months and still running, Hoping if the verdict goes in my favour, I could produce this as a part of the evidence towards my gap, if this helps?!)
Thanks
regards
Y

[iworker]

some members have posted that they have faced this gap as a problem is getting the ilr.

[dinny24]

You just need to be over £35K at the time of ILR not in last year.

But make sure there is no flucttuation in your slary like from 25k to 35K in a month

In my case my company agreed for pay rise, so i will be having a pay rise from 26k to 35k nearly 35% increase just before 3 months of my ilr eligibility. will that be a problem?
if yes what should i do? my role duties are same and no change in soc.

[mithralaya1]

I got my visa rejected for this exact reason.

See the date you left from previous employer on your P45. Then see the date you submitted your next Tier 2 in HO. If these two dates are more than 60 days apart then your ILR 5 year application will be rejected.

Some say you are suppose to receive a curtailment letter from homeoffice. But its not true. I never received any letter from HO but they still rejected my application on the basis of continuous period being broken.

All the best

[yaseengani]

Hi,
But I did receive a curtailment letter on 18/11/2015 and then applied for Tier 2 renewal on 06/01/2016.
So to summarize:

1. date of leaving employment was : 30/09/2017 ( this was constructive dismissal on account of facial discrimination and harassment, still in the tribunal , had 2 hearings)

2. curtailment letter date received: 18/11/2015

3. Date of Visa Application: 06/01/2016 ( 49 days from curtailment letter)

4. Date of new job: 01/02/2016
What do you think ? Does it help if I get a solicitor represent my case given the complicated nature of my case and the time gap being because of constructive dismissal where the situation was beyond my control. Any advice/suggestion would be great.
Thanks
regards

[mithralaya1]

Yes, better you get a lawyer to sort this out.

In my case they rejected my application because the gap in the employment was more than 60 days. On the day of appointment, the case worker asked me to show my P45, P60s etc.

I would imagine that they will reject yours as well if you get negative judgement on your pending case.

[yaseengani]

My previous employers have not even handed my P45/P60 forms, That is another problem I am facing. But, thanks for the advice and suggestions.
regards
yas

[yaseengani]

Hi, I am in the process of applying for ILR visa and have a very urgent and important query.
1. regarding absences: Will i need a letter from my ex-employer regarding all the absences from UK ( my annual leave) or also 1-2 days annual leave I used it here in UK. Also will i need letter about any medial/sick leave as well ? could anyone please let me know if there is any set template to the letter format.
3. Regarding annual leave: The dates my employers would give for my annual leave would be the week days but usually like majority of them, i book the weekend flights so that dates of entry and exit from UK would be different to the dates of annual leave ? So will that be a problem if the home office notices the discrepancies in these dates ?
2. My first employer's company closed down so there is no way I can get any letter from anyone regarding my absences with this companY ! So under these circumstances can I just produce a copy of e-mail I exchanged with my HR who sent me a mail regarding the details of my annual leave.plus my salary statements which does not show any deduction for the period I was on my leave ?
3. regarding salary: my salary has been raised as per company norms but my salary does not match the SOC simply because it is based on 37.5 hrs/week and my salary 27 hr/week. But when i convert the salary rate per hour it definitely is more than SOC code. So will this be okay ?
Any queries , suggestions would be extremely helpful. Thanks and regards. Y,

[CR001]

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