ILR Skilled Worker Route SET(O) - Queries

[goelc]

Hello board members,

I am facing the same issue. My employer (HR) is only willing to mention the contract end date, and wouldn't mention the term 'foreseeable future' as needed in the guidelines. I am quite concerned if that would have an impact on my application's decision.

I would like to know your thoughts on this. How about a supporting letter from my manager to emphasize on the requirement of my job in the near future? Any suggestions are welcome.

Thank you for your time.
Best Regards.

[AmazonianX]

Hello board members,

I am facing the same issue. My employer (HR) is only willing to mention the contract end date, and wouldn't mention the term 'foreseeable future' as needed in the guidelines. I am quite concerned if that would have an impact on my application's decision.

I would like to know your thoughts on this. How about a supporting letter from my manager to emphasize on the requirement of my job in the near future? Any suggestions are welcome.

Thank you for your time.
Best Regards.

We can tell you what the requirements are. Some other means of it sometimes work sometimes doesn't.

[goelc]

Hello,

Thank you for your response. Yes I understand that.

I am a researcher working on a fixed-term contract which I imagine is a situation for quite a lot of people in the country. I was wondering if someone had submitted the ILR application using the contract end date (and not the term 'foreseeable future') in their employer letter and were successful?

Thanks.

[zimba]

Yes there are success stories reported with similar line of work as yours

[goelc]

Thank you for your reply Zimba, appreciate that. I am glad to know that.

Lastly, just to confirm that would it be alright to submit the ILR application with 7-8 months left in the current work contract?

Thank you.

[AmazonianX]

Thank you for your reply Zimba, appreciate that. I am glad to know that.

Lastly, just to confirm that would it be alright to submit the ILR application with 7-8 months left in the current work contract? So far you are qualified/meeting all requirements you can submit anytime

Thank you.

[goelc]

Thanks AmazonianX!

[goelc]

Dear Moderators,

I am seeking advice for ILR application for myself via skilled worker route (5 year) – SET(O).

Background – I am a researcher, working on a fixed-term contract. My current contract runs out on 15.02.2024 with Leave to Remain expiring by 29.02.2024. I have secured additional funding that will extend my contract until 15.08.2024 but the renewal process is ongoing and new contract will be ready mostly early next year. I am already eligible to apply and would like to submit my settlement application at the earliest possible. My employer has mentioned both the current and expected new contracts’ end date as shown below. As it is a research position, the renewal is dependent on the availability of the funds, thus no mention of the term foreseeable future. I have a few questions regarding the following letter from my employer for the application:

Employer’s letter:
Please accept this letter as confirmation that xxxx is currently employed by xxxx as a xxxx in the Department xxxx. xxxx mainly works in his expert field of xxxx.
Contract: Full-time, fixed-term until 15th February 2024*
Start date with xxxx: xx January 2019
Annual salary (gross): £xxxx
*Further funding has been confirmed until 15th Aug 2024 and xxxx’s will be extended until this date.

Questions:
1. Do you think this letter would be enough for the application?
2. As I am planning to submit the application very soon, preferably before Christmas, do you think that little time left in the current contract (15.02.2024) could cause a problem as the new contract is not yet ready? Would it be more sensible to get the revised contract first and then put in my application for settlement? I would imagine that the extension as mentioned above by the HR would be acceptable to the Home Office.
3. Would adding another letter from my manager stating the importance of my job, application for acquiring further grant and thereby possibility of extension help in supporting my application? If Home Office won’t consider letter from the manager, would adding a cover letter help?
4. If I opt to choose the priority service for my application, do you think that could reduce the chances of refusal as I could have the decision with around more or less 6-7 months still left in the work contract? And what would be the best as per you to apply with priority service – now with above letter or later after the new contract is ready?

I have a couple of questions pertaining to other documents as follows:
5. Is there a need to scan the stamps on the passport? I didn’t see such a requirement anywhere in the guidelines.
6. Letter from employer for absence including annual leave from the UK – During my absences from the UK, I have worked from home (India) for a few weeks with annual leave for rest of the time, over some occasions with my manager’s approval. Would a letter from my manager saying that the time away, work from home plus annual leave including the details of the time away, was approved be enough?

I hope I have stated everything necessary to understand my case. But please do ask if I missed something.
Thank you very much for your help.

[zimba]

First of all read this post: All you need to know about the sponsor letter for Skilled Worker route

The rules require that you should be required for the foreseeable future but I have seen several cases of fixed contract holders getting ILR without issues. Priority or not does not change the outcome of an application. It is about eligibility under the rules. Provide a scan of passport stamps over the last 5 years so that caseworkers can see your travel history if they need to.

[goelc]

Thank you for your fast response and the information, Zimba! Appreciate it. I have been through the post you have mentioned and also through all the relevant Immigration Rules for my visa route. I do understand these requirements and I am trying my best to cover the bases and avoid rejection.

[goelc]

Hello Zimba,

What do you think about the following amended letter from the employer? I think this is the best they can provide me.

Please accept this letter as confirmation that xxxx is currently employed by xxxx as xxxx in the Department xxxx. xxxx mainly works in his expert field of xxxx. 'Couple of sentences about my work'

xxxx’s contract will continue for the foreseeable future, in line with the below.
Contract: Full-time, fixed-term until 15th February 2024*
Start date with university: xx January 2019
Annual salary (gross): £xxxx
SOC Code: xxxx
*Further funding has been to confirmed until 14th August 2024 and xxxx’s will be extended until this date.
I can confirm that the current salary of £xx exceeds the going rate for SOC code xxxx, which
is xxxx

Thanks.

[AmazonianX]

Hello Zimba,

What do you think about the following amended letter from the employer? I think this is the best they can provide me.

Please accept this letter as confirmation that xxxx is currently employed by xxxx as xxxx in the Department xxxx. xxxx mainly works in his expert field of xxxx. 'Couple of sentences about my work'

xxxx’s contract will continue for the foreseeable future, in line with the below.
Contract: Full-time, fixed-term until 15th February 2024*
Start date with university: xx January 2019
Annual salary (gross): £xxxx
SOC Code: xxxx
*Further funding has been to confirmed until 14th August 2024 and xxxx’s will be extended until this date.
I can confirm that the current salary of £xx exceeds the going rate for SOC code xxxx, which
is xxxx

Thanks.

If this is the best they can provide and it states foreseeable future go with it.

[goelc]

Thanks for your response, AmazonianX. I can try requesting them to add 'expected to renew further' as follows:

xxxx’s contract will continue for the foreseeable future, in line with the below and is expected to renew further.

Does it sound better?

[AmazonianX]

Thanks for your response, AmazonianX. I can try requesting them to add 'expected to renew further' as follows:

xxxx’s contract will continue for the foreseeable future, in line with the below and is expected to renew further.

Does it sound better?

Even better if you can though current letter can work.

[goelc]

Thank you for all the help. I will give it a go for sure.