Tier 2 (General) TUPE transfer to ILR

[md001]

Dear experts,

I have this niggling query and I am predominantly looking for some reassurance prior to my ILR.

I will complete my 5 years on Tier 2 (General) in a couple of weeks. I have been working in the same organisation since last 7 years - initial 2 years were on Tier 1 (PSW). Last year my original company was taken over by another employer and my employment was protected under TUPE. I have been informed that appropriate process has been completed with Home Office as well.

My question is - Letter of Absence will be given on headed letter of my new company. But my absences from UK are from the period when my employment was under previous company - although in effect I have not changed my job. Would that be acceptable for ILR? I have only had approximately 45 days of absence from UK in last 5 years.

Your response will be highly appreciated.

[zimba]

It should be fine

[md001]

Many thanks for your swift response. Much appreciated.

Regards.

[md001]

Dear members/moderators,

I would just like to share an experience. I recently got my ILR approved from PEO Liverpool. It was a straightforward Tier 2 5 yr route ILR application. However, I had TUPE transfer done a year ago.

Initially the caseworker (who by the way was a very pleasant lady), was about to decline my ILR as my employer letter stated the date of employment since TUPE as she could not see a new CoS. Prior to that I was with another employer which constituted for 5 years in total.

I explained her that it was a TUPE transfer and requested her to check her record/system as my previous employer (and the current employer) had completed TUPE transfer as per Tier2 Sponsor Guidance. She immediately checked her records/system and apologised for confusion and agreed that it is really a simple application.

My advice would be to go for a PEO/same day appointment if there is anything which would need some explanation or elaboration. It is worth the money! Otherwise I was staring at refusal (unfair) or delay in ILR and a bit of stress to say the least.

Just thought I would share my experience with the Tier 2 applicants who are wishing to apply for ILR in future.

[CR001]

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