Put at risk, impact on ILR (Tier 2 general 5 year route) and HR letter

[cammy0102]

Hi guys,
I am currently on a Tier 2 general visa and I'll be eligible to apply for ILR at the end of November this year (Tier 2 visa started end of December 2012). I have a few queries regarding my situation.

My company is currently in the process of winding down operations and we will be made redundant probably end of this year or early next year. My manager and department head are well aware of my visa situation and they'll do everything they can to keep me here until I'm allowed to apply for ILR and help me apply for this. There were a couple of other employees here who were on Tier 2 visa and the company paid for their visas and ILR applications (pretty sure they paid for the premium service).

1. If I'm made redundant say in September and they put me on garden leave for 3 months, will I still be able to apply for ILR and use premium service? I've already had a discussion with our Global mobility manager and he said he'll be happy to issue a letter saying I'm still employed by them. But will they need to issue a letter saying I'll be employed in to the foreseeable future? That might be tricky if I am on garden leave and I'm to be made redundant at the end of garden leave.

2. I was looking at the ILR application and came across section 5 and under that there's a question:

5.5 Are you receiving any public funds?

One of the options is 'Council Tax Reduction' which came as a surprise to me.
I bought a property in West London in 2015 and have been receiving a 25% discount for Council Tax from Hounslow council as I'm the only occupier in the flat. Is this discount I'm receiving regarded as council tax reduction? Obviously I wasn't aware that this would be regarded as having access to public funds.

If it's regarded as public funds, should I ask the council not to offer me the discount anymore? Then at the time of the application if I don't tick the box (I won't be receiving a reduction at the time) will there be any issues? Do I need to let HO know? Will they know that i received a discount on council tax in the past?
I'm worried this might have a negative effect on my ILR application.

Appreciate your input.

Many Thanks.

[Casa]

The reduction for a single occupant isn't considered as a Public fund.

[cammy0102]

Thanks.

What about the format of the letter from the employer? Do they need to state I will be employed in to the foreseeable future? This could be an issue if I'm at risk at the time and perhaps on garden leave.

Or saying I'll continue to be a permanent employee of the company enough?

Cheers.

[CR001]

Do they need to state I will be employed in to the foreseeable future?

Yes, this is mandatory for ILR.

[cammy0102]

If I'm on garden leave but have a couple of months left before I'm made redundant, would that be seen as being employed for the foreseeable future? Sorry this might be a question for HR but just wanted to ask you guys in case you've come across similar situations.

[Casa]

Well your employment won't be continuing for the forseeable future if you know that you are going to be made redundant in 2 months time.

[cammy0102]

What's the definition of foreseeable future though? You could argue being employed for a few months is foreseeable future. My company uses xxxxx lawyers so they'll be able to advise I think.

Maybe best to make sure I'm in normal employment and not under garden leave/under risk at the time of the ILR application then. I've had a discussion with my department head who is aware of my situation and he reckons I should be here till the end of the year at least (no exact date) so it's looking pretty positive at this stage.

[Casa]

Definition of the foreseeable future according to the Cambridge Dictionary:
as far into the future as you can imagine or plan for

Until 'the end of the year' isn't the foreseeable future.

[cammy0102]

Hi guys,
I'm after a bit of advice. So here's my situation:
I was put at risk few weeks ago and I'll be made redundant in January. The company will pay my contract out (3 months payment) but I could probably ask to go on garden leave if need be. I'm preparing my ILR appointment (premium service) with the help of an immigration lawyer. I have all the documents he's asked for including the HR letter. However I noticed that the letter only states of job title, salary and hours. It doesn't say I'm required for the foreseeable future. I have seen the guidelines for Tier 2 ILR that this it's a requirement for the employer letter to state this, so I'm starting to get a little worried.

I have emailed my lawyer asking whether the letter issued by HR is OK. I am not sure if HR will be willing to state 'foreseeable future' on the letter considering I've been put at risk. Although I do think foreseeable is open to interpretation.

So the question is it an absolute requirement for the employer letter to say 'employer is required for the foreseeable future'? Has anyone been granted ILR without this line on their letter from the employer?

Thanks in advance.

[CR001]

So the question is it an absolute requirement for the employer letter to say 'employer is required for the foreseeable future'? Has anyone been granted ILR without this line on their letter from the employer?

Yes, the letter must state this and that you will be paid at the same salary you are currently on for the foreseeable future.

[cammy0102]

So no way around it? HR may refuse to include that on the letter considering I've been put at risk (though not made redundant).

Is my ILR application likely to be rejected without this?

[makky86]

So no way around it? HR may refuse to include that on the letter considering I've been put at risk (though not made redundant).

Is my ILR application likely to be rejected without this?

Yes it will be rejected. The requirement for ILR is that you're still required for long time (foreseeable future). If its not mentioned the CW would probably contact HR and if they say you will be made redundant then it will lead to ILR refusal !

[cammy0102]

well I have to try my luck I suppose. Is it always black and white or is there a bit of leeway? Surely other people have been in similar situations?

[CR001]

Is it always black and white or is there a bit of leeway?

Black and white I am afraid, no 'grey' area. It is written in the Immigration Rules Part 6.

245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant
To qualify for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
................
(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
(i) still hold a Tier 2 Sponsor licence in the relevant category, or have an application for a renewal of such a licence currently under consideration by the Home Office; and
(ii) certify in writing:
(1) that he still requires the applicant for the employment in question for the foreseeable future,
(2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,

Surely other people have been in similar situations?

Mostly not as they rather switch to another sponsor first before applying for ILR to avoid risk of refusal and loss of ILR fee.

[cammy0102]

Thanks. I understand it's in the requirements list but it doesn't always mean they strictly enforce it (could also come down to the case worker) hence I asked if anyone was granted ILR without their HR letter stating the employee was required for the foreseeable future. I've sent my lawyer a copy of the letter and will see what he says.

Anyway appointment's already made and I can't find another employer until January. If my application is rejected, can I still look for another sponsor after my current employment and then apply for ILR again? (My current Tier 2 general visa is valid until middle of next year I think).

Mods, why did you merge an old thread with this? It's pretty confusing to read. These topics aren't exactly identical are they?

[makky86]

Thanks. I understand it's in the requirements list but it doesn't' always mean they always strictly enforce it (could also come down to the case worker) hence I asked if anyone was granted ILR without their HR letter stating the employee was required for the foreseeable future. I've sent my lawyer a copy of the letter and will see what he says.

Anyway appointment's already made and I can't find another employer until January. If my application is rejected, can I still look for another sponsor after my current employment and then apply for ILR again? (My current Tier 2 general visa is valid until middle of next year I think).

Mods, why did you merge an old thread with this? It's pretty confusing to read. These topics aren't exactly identical are they?

I don't think so the CW would apply any discretion on this. Its clearly mentioned in the immigration rules.Its your call to gamble £3K. I guess you have no other option apart from applying your luck ! I pray that you do get it.

Do let us know though.

You'd be able to continue working on T2 until its expired.

[cammy0102]

Thank you, fingers crossed.

If I'm granted ILR, can they later cancel it after reviewing the documents?

Edit - does having the backing of an immigration lawyer increase the chance of getting ILR at all?

[CR001]

Fingers crossed.

If I'm granted ILR, can they later cancel it after reviewing the documents?

Yes they could revoke ILR if they believe there is deception involved. Bear in mind too that they can hold your application for further checks and contact your employer for confirmation etc.

[cammy0102]

There is no deception. I have fulfilled my 5 year period and my salary is a lot higher than the threshold. Only issue is the redundancy next year. And I envisage I will find a job soon after being redundant but it makes it much more difficult to find employer who's willing to sponsor you (and conduct RLMT).

Have there been cases of home office revoking ILR visas because of redundancy?

One of my colleagues who was granted ILR, was later made redundant (wasn't in the same boat to me as he wasn't put at risk at the time) but I believe he had no problems.

[CR001]

Redundancy is NOT an issue AFTER you have ILR as you would anyway be free to work for anyone if you choose to.

When are you applying for ILR?

What date is your redundancy effective from?

If you are using an immigration advisor, have you asked these questions directly?

[cammy0102]

It's on next week and yes I did email my lawyer asking whether the letter from HR is OK (haven't got a reply from him yet). Nothing's confirmed as I'm only put at risk but I'm likely to made redundant in January.

Do you think going through an immigration lawyer increase the chance of getting ILR?

[CR001]

Do you think going through an immigration lawyer increase the chance of getting ILR?

No it does not. It has no bearing on the application. You either meet the requirements or you don't.

[RJLK]

Hi Cammy0102,

Have you got your ILR approved without the foreseeable future letter from your employer. I am also in the same boat and bit worried about it. Please do let us know it would help me to go for my ILR appointment without the employer letter.

[micasa]

Hi Cammy0102,

I am also curious if you have managed to get an ILR approved without the "foreseeable future" language as my situation is similar to yours. Please do let us know the outcome. Thanks!