Tier 2 To ILR

[crazy_p]

Dear CR001,

Hope you all are doing well! I've got a small question to ask.

I just completed one year at my new company and due for a salary increment. (Agreed to review after a year). At the same time, I am eligible for the ILR from next month as I am completing 5 years on Tier 2.

My Current salary is around 32kpa and I am expecting that they'll bump it up to 36kpa from next month onwards. And I've requested the HRM to update the increase in SMS too (still i didn't get a confirmation though).

My small questions are,

1. Will i be having trouble applying for ILR just after the increase or do i have to wait at least 2-3 months or more?

2. Is this increase too big than the allowed limit? (12-14% of an increase pa)

Nice to see some inputs to my queries.

Thank you again!

[zimba]

These are up to UKVI. We cannot tell you what to expect. They are the ones determining the risks.
Your sponsor may be questioned if the salary raise is close to your ILR date and particularly that the salary raise will push you bove the required ILR threshold.

[crazy_p]

These are up to UKVI. We cannot tell you what to expect. They are the ones determining the risks.
Your sponsor may be questioned if the salary raise is close to your ILR date and particularly that the salary raise will push you bove the required ILR threshold.

Thank you very much for the input Zimba. Much appreciate.

100% agreed and i was wondering because the salary increase fall in the same period as my 5 years completion. And I've seen some cases here saying its a risky move. So I'll look into that more and ill consider to apply after 3-6 months after the increase. (still may not be enough, but for my peace of mind may be!)

again, thank you very much for your time and appreciate what all you guys are doing. have a good day!

[CR001]

What is your SOC??

[crazy_p]

What is your SOC??

Good morning CR001,

SOC is 2139 / IT Engineer

[CR001]

I would suggest waiting about 2 months on the new salary before applying for ILR.

Your current salary is already higher than your SOC states for experienced.

[crazy_p]

I would suggest waiting about 2 months on the new salary before applying for ILR.

As always, thank you very much for the suggestion and the advice CR001. Its always been helpful!

I'll keep updating here.

[CR001]

Good luck

[crazy_p]

Dear CR001,

Hope you all are doing well! After some hurdles, its the time for applying the ILR for me. As always, I've got a small thing to get clarified. Hope you can help me on this!

I am sponsored by [X] the parent company, but i am getting paid from their own Member, [Y]. The payslips are in the name of [Y] too. The company assured me that this is allowed and no problem to get paid from a LLP Designated Member of [X] (Parent Company).

Will this be an issue?

Do I need to mention anything about this in the employer letter?

Side Note : When I search the [Y] in companies house website (Which I am getting paid and payslips are on this name), in people section I can see the parent company [X] (Role ACTIVE LLP Designated Member)

Summary
----------

Sponsored by - [X]
Paid by - [Y]
Companies House of [Y] shows [X] as an Active LLP Designated Member.


Thank you very much for taking your time to read and answer this.

[crazy_p]

Just wondering! Anyone went through such a scenario? (Above Mentioned)

Appreciate if someone can contribute with an input.

Thank you!

[zimba]

Getting paid from a subsidiary or entity owned by the parent company is legally fine however under the Tier 2 rules, you are expected to work for your sponsor directly. As far as I know, the sponsor's license may have to mention this entity

[crazy_p]

As far as I know, the sponsor's license may have to mention this entity

Good morning and thank you very much Zimba.

While searching, I got same kind of a response and this entity should have been entered/informed at the time of the sponsorship license application according to them too. Now I am confirming with my HRM about this.

In a worst case scenario, if this wasn't mentioned as an subsidiary or entity owned by the parent company at the time of their application, are they breaching the rules and doing something wrong [Obvious i think]? (Which puts my application at a risk)

I will be eligible for ILR under 10 years LR by next year (Almost another year). Since I am eligible via Tier 2 now, I decided to go with this. But, now i am in a doubt to go with this option because of this issue. Please do let me know if you've got any suggestions too.

Again, thank you very much for your time.

[zimba]

I suggest to share this with your sponsor and let them deal with this. Working for an entity that is not your sponsor is breach of the immigration rules and could affect your ILR even under long residence

[aby00156]

Dear CR001,

Hope you all are doing well! After some hurdles, its the time for applying the ILR for me. As always, I've got a small thing to get clarified. Hope you can help me on this!

I am sponsored by [X] the parent company, but i am getting paid from their own Member, [Y]. The payslips are in the name of [Y] too. The company assured me that this is allowed and no problem to get paid from a LLP Designated Member of [X] (Parent Company).

Will this be an issue?

Do I need to mention anything about this in the employer letter?

Side Note : When I search the [Y] in companies house website (Which I am getting paid and payslips are on this name), in people section I can see the parent company [X] (Role ACTIVE LLP Designated Member)

Summary
----------

Sponsored by - [X]
Paid by - [Y]
Companies House of [Y] shows [X] as an Active LLP Designated Member.


Thank you very much for taking your time to read and answer this.

I had a similar situation. I got a letter signed by the sponsor referencing the payslip and Member.
The letter was as follows :

Dear [ ]

Ref: Your Name

I write with reference to our above employee, with payslip reference [ ] and bank account number [ ].

I can confirm that this individual is employed by COMPANY Y which is a 100% subsidiary of the parent company COMPANY X. As such, this individual, therefore, works for a company which is fully owned by COMPANY X

I trust this is satisfactory, but should you have any further queries please do not hesitate to get in touch.

Yours sincerely

Hope this helps.

[crazy_p]

I had a similar situation. I got a letter signed by the sponsor referencing the payslip and Member.

Thank you very much aby00156. Very useful and I'll pass this to the HRM to have a look. Good luck with everything!

I suggest to share this with your sponsor and let them deal with this. Working for an entity that is not your sponsor is breach of the immigration rules and could affect your ILR even under long residence

Thank you Zimba, really appreciate your advice. For sure I'll pass this to HRM to check what the license says and to take further actions to resolve the issue.

Thank you again!

[crazy_p]

Hi Zimba and CR001,

I got my ILR approved today and thought to say thank you all for all your valuable information throughout this whole journey. Lots of ups and downs ended with a huge relief.

Regarding the Payslips : The company which I got paid is a named entity in the main company's sponsorship license and had no issues with that. Added a line confirming that in the letter from the employer and everything went smoothly.

Thank you again!