Tier2 to ILR

[A871SAR]

Hello,

Could I kindly ask anyone to share their knowledge on how I could figure out if and when am I eligible to apply for ILR as I got queries with regards to my ILR Application.

In my last Tier2 extension my application was refused on the grounds of points as my employer made a grave error in the CoS which resulted in refusal the mistake was according to the criteria required salary was 33,300£ hrs were 39 pw however Instead of 39hrs pw my HR put 39.5 hrs pw which resulted in shortfall of salary. Initially my tier2 Visa was from Aug 2014 till September 2017 I applied for extension on 14/09/17 visa ran out on 17/09/2017 they took 2 months to process which resulted in refusal, received refusal letter on 24th Nov 17 but I consulted my HR we reapplied for a new CoS straight away sent new application on 27th which was approved and new Visa card was issued in 8/01/18 which is valid until Aug 2020.

One thing I would like to know during the period of 1st application my visa ran out does it really make difference in time to apply for ILR?

I would like to know when am I eligible to apply for ILR, can anyone please mention the date and month I could apply for ILR.

Kind regards,
A871SAR.

[aman90]

Initially tier2 Visa was from Aug 2014 till September 2017
applied for extension on 14/09/17 visa ran out on 17/09/2017
received refusal letter on 24th Nov 17
sent new application on 27th approved

One thing I would like to know during the period of 1st application my visa ran out does it really make difference in time to apply for ILR?

I would like to know when am I eligible to apply for ILR, can anyone please mention the date and month I could apply for ILR.

Kind regards,
A871SAR.

It does matter.. visa expired and new leave refused means you become an overstayer. But in ur case you applied by 27/11? so you should be ok under 39E.

What date was ur initial visa issued?
Have you read the guidance?

https://assets.publishing.service.gov.u ... pdf#page59

[A871SAR]

13/08/2014 till 17/09/2017

[aman90]

13/08 minus 28 days.. you can apply immediately.. ie if you applied within 3 days of ur refusal

[A871SAR]

Much Appreciated.

Thank you.

[A871SAR]

Quick question could you kindly post the link of 39E?

[A871SAR]

Sorry, you have already posted it.

[aman90]

Quick question could you kindly post the link of 39E?

https://www.gov.uk/guidance/immigration ... -in-the-uk

Exception for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing

[A871SAR]

Thank you very much.

[A871SAR]

One more question, Do I need payslips to support my ILR Application or Just need a letter confirmation about my wages 35,800£ on it?

[CR001]

You need at least one months payslips and corresponding bank statement showing the salary credit.

[A871SAR]

Hello again,

I have double checked the Home office criteria on Tier2 To ILR Application I’m still not sure on the payslips that I need to show. Could you please reassure me what exactly I need?

One month or 3 months payslips?

One month or 3 months bank statement showing 35,800

The things I have seen on online solicitors website are no way near to what HO guidance is.

They say 3-6 months payslip and bank statement
P60
Rent/Mortgage agreement ? Makes no sense
Utility bills
Council tax bill

I’m cleared in wages has to be 35,800
Need a confirmation letter from employer that they are still in need of me?
Life in UK test?
English language test might get away with it as I have masters in UK.

Could you kindly make it bit clear.

Regards.

[CR001]

Hello again,

I have double checked the Home office criteria on Tier2 To ILR Application I’m still not sure on the payslips that I need to show. Could you please reassure me what exactly I need?

One month or 3 months payslips? 1 month is sufficient.

One month or 3 months bank statement showing 35,800 1 month is sufficient.

The things I have seen on online solicitors website are no way near to what HO guidance is.

They say 3-6 months payslip and bank statement 1 month is sufficient.
P60 Not required.
Rent/Mortgage agreement ? Makes no sense Not required.
Utility bills Not required.
Council tax bill Not required.

I’m cleared in wages has to be 35,800
Need a confirmation letter from employer that they are still in need of me? Yes, mandatory and absence letter(s)
Life in UK test? Mandatory
English language test might get away with it as I have masters in UK. Mandatory and yes, UK degree is sufficient.

Could you kindly make it bit clear.

Regards.

[aby00156]

For T2 ILR you need :

1. Life in UK
2. English Degree
3. One month payslip which should latest.
4. Bank statement showing the transaction of the payslip.
5. Letter from employer confirming your Annual Pay, Working Hours, SOC Code and that he needs you for foreseeable future.
6. Letter from employer confirming the absences.


You dont need anything else.

[A871SAR]

Appreciated very much.

[A871SAR]

Can you please briefly explain what’s an absence letter content would be?

[CR001]

indefinite-leave-to-remain/employer-let ... 76413.html

indefinite-leave-to-remain/employer-let ... 52143.html