ILR Refused(WP and Tier 2)

[mgk26]

Hi,
I am currently on Tier2, entered UK on WP in 2007 later converted as Tier2 when the points based system was in, now I have completed 5 years and got my Tier2 extended for another 2 years(till 2014). However I want to convert my case to ILR, I am meeting all the requirements as per the SET-O. except section 11P.

My issue: The employer not ready to give a letter mentioning the SOC code, further check with HR next level they are saying its a company policy that they don't give letter in that format and do not support for ILR for employee as per the company policy.

I have applied as premium at Cardiff-PEO, I went with the Employer letter without SOC code details(employer did confirmed my position, salary and its a permenant) I have given the finger prints with my 2 dependents and asked to go out and told to come back when called as usual. when I was called been told about the employer letter format is missing the SOC code. I was trying to explain with the emails i had communication with HR. but they did not acceccpt, told to submit the letter within 14 days. again I could not get the letter and explained the same in covering letter.

meanwhile I have explained this situation and posted query on SET-O policy helpline, I got a reply saying I could explain this in the covering letter, the case worker will seek the further details if required. I have did the same and case worked did reply to me by mail saying they will ask the further details with employer and was told till then the originals will be held with them.

after that it was a bit long wait for me(4 Months), it between I sent a mail to case worker but no reply. last week received a refusal letter and my original documents been returned. the reason is employer did not give the required information.

As my visa is valid for more than 6 months, they did not give me appeal option. I have an option to reapply(if only company gives the letter in that format).

Can anyone please suggest me a other options for me.

Thanks
MGK

[Kevin24]

Hi,
I am currently on Tier2, entered UK on WP in 2007 later converted as Tier2 when the points based system was in, now I have completed 5 years and got my Tier2 extended for another 2 years(till 2014). However I want to convert my case to ILR, I am meeting all the requirements as per the SET-O. except section 11P.

My issue: The employer not ready to give a letter mentioning the SOC code, further check with HR next level they are saying its a company policy that they don't give letter in that format and do not support for ILR for employee as per the company policy.

I have applied as premium at Cardiff-PEO, I went with the Employer letter without SOC code details(employer did confirmed my position, salary and its a permenant) I have given the finger prints with my 2 dependents and asked to go out and told to come back when called as usual. when I was called been told about the employer letter format is missing the SOC code. I was trying to explain with the emails i had communication with HR. but they did not acceccpt, told to submit the letter within 14 days. again I could not get the letter and explained the same in covering letter.

meanwhile I have explained this situation and posted query on SET-O policy helpline, I got a reply saying I could explain this in the covering letter, the case worker will seek the further details if required. I have did the same and case worked did reply to me by mail saying they will ask the further details with employer and was told till then the originals will be held with them.

after that it was a bit long wait for me(4 Months), it between I sent a mail to case worker but no reply. last week received a refusal letter and my original documents been returned. the reason is employer did not give the required information.

As my visa is valid for more than 6 months, they did not give me appeal option. I have an option to reapply(if only company gives the letter in that format).

Can anyone please suggest me a other options for me.

Thanks
MGK

I just saw your Post.So sorry they refused your application.

You must show the UKBA Guidance to your HR Dept. and get a Solicitor Help. With out your Employer mentioning your SOC Code in the letter UKBA will not approve your application.

[[iD]]

I just saw your Post.So sorry they refused your application.

You must show the UKBA Guidance to your HR Dept. and get a Solicitor Help. With out your Employer mentioning your SOC Code in the letter UKBA will not approve your application.

His employer wouldn't give the letter because they don't want him to have the freedom.
I have to say tho, Your employer are just being unreasonable and it's pathetic. I'm sure you can make some sort of SAR to find out all the information they have for you.

This is absolutely pathetic tbh.Try contacting Acas or citizen advice

[Kevin24]

I just saw your Post.So sorry they refused your application.

You must show the UKBA Guidance to your HR Dept. and get a Solicitor Help. With out your Employer mentioning your SOC Code in the letter UKBA will not approve your application.

His employer wouldn't give the letter because they don't want him to have the freedom.
I have to say tho, Your employer are just being unreasonable and it's pathetic. I'm sure you can make some sort of SAR to find out all the information they have for you.

This is absolutely pathetic tbh.Try contacting Acas or citizen advice

Your Employer should be taken to task. Employer's Tribunal is the best option.Get your MP to write a strong letter.

[dk2011]

Which company do you work with ? Can provide some info if know the name of the company. It's sad . Company should have provided letter in required format.

[uksettlement]

Get in touch with an employment lawyer and first get the ILR sorted then sue the company.

[mgk26]

I just saw your Post.So sorry they refused your application.

You must show the UKBA Guidance to your HR Dept. and get a Solicitor Help. With out your Employer mentioning your SOC Code in the letter UKBA will not approve your application.

His employer wouldn't give the letter because they don't want him to have the freedom.
I have to say tho, Your employer are just being unreasonable and it's pathetic. I'm sure you can make some sort of SAR to find out all the information they have for you.

This is absolutely pathetic tbh.Try contacting Acas or citizen advice

Your Employer should be taken to task. Employer's Tribunal is the best option.Get your MP to write a strong letter.

Thanks for your reply, I will try to get the SAR. As the ukba did not provide the info on what details they receivde from my employer/ none(might have been the case). I think I have done what I could do as per the advice from SETO policy help line, I have explained why i could not produce the letter. I have provided the SOC code and also attached the COS copy of latest(Aug12).
I am also seeking advice from solicitor, will see what options i have, will update the developments.

Thanks again
MGK

[[iD]]

I just saw your Post.So sorry they refused your application.

You must show the UKBA Guidance to your HR Dept. and get a Solicitor Help. With out your Employer mentioning your SOC Code in the letter UKBA will not approve your application.

His employer wouldn't give the letter because they don't want him to have the freedom.
I have to say tho, Your employer are just being unreasonable and it's pathetic. I'm sure you can make some sort of SAR to find out all the information they have for you.

This is absolutely pathetic tbh.Try contacting Acas or citizen advice

Your Employer should be taken to task. Employer's Tribunal is the best option.Get your MP to write a strong letter.

Thanks for your reply, I will try to get the SAR. As the ukba did not provide the info on what details they receivde from my employer/ none(might have been the case). I think I have done what I could do as per the advice from SETO policy help line, I have explained why i could not produce the letter. I have provided the SOC code and also attached the COS copy of latest(Aug12).
I am also seeking advice from solicitor, will see what options i have, will update the developments.

Thanks again
MGK

Also raise a formal grievance with your employer and seek written confirmation/explanation on their stupid policy regarding not issuing you a letter confirming your SOC code.

A simple letter from your solicitor should work tbh but bear in mind that it might affect your relationship with your employer.

A SAR to your employer will force them to give you all the information they hold about you.

[mgk26]

Also raise a formal grievance with your employer and seek written confirmation/explanation on their stupid policy regarding not issuing you a letter confirming your SOC code.

A simple letter from your solicitor should work tbh but bear in mind that it might affect your relationship with your employer.

A SAR to your employer will force them to give you all the information they hold about you.

Thanks for your reply, I have only an email from HR confirming about the policy, but not in official letter. Will check with solicitor on this as well, will see what he has to say.

Thanks
MGK

[Kevin24]

Also raise a formal grievance with your employer and seek written confirmation/explanation on their stupid policy regarding not issuing you a letter confirming your SOC code.

A simple letter from your solicitor should work tbh but bear in mind that it might affect your relationship with your employer.

A SAR to your employer will force them to give you all the information they hold about you.

Thanks for your reply, I have only an email from HR confirming about the policy, but not in official letter. Will check with solicitor on this as well, will see what he has to say.

Thanks
MGK

Please be in good books of your Employer. Don't spoil the relationship,until you get your ILR. HR Dept. should advise him properly,the seriousness of wording the letter,mentioning the SOC Code. Good Luck.

[[iD]]

Also raise a formal grievance with your employer and seek written confirmation/explanation on their stupid policy regarding not issuing you a letter confirming your SOC code.

A simple letter from your solicitor should work tbh but bear in mind that it might affect your relationship with your employer.

A SAR to your employer will force them to give you all the information they hold about you.

Thanks for your reply, I have only an email from HR confirming about the policy, but not in official letter. Will check with solicitor on this as well, will see what he has to say.

Thanks
MGK

Please be in good books of your Employer. Don't spoil the relationship,until you get your ILR. HR Dept. should advise him properly,the seriousness of wording the letter,mentioning the SOC Code. Good Luck.

Agree with Kevin here, It's a little tricky because your employer are the ones being all arsey. One way or another, you need the letter. Have you tried asking for written policy document that says they would not give a letter stating the information you require?
Most of the time there is no policy, it's just your manager or HR being stupid and trying to block your ILR because they know if you get ILR you'd be able to leave at your will and that might not be very good for the country.
BTW email is as good as a letter.

[Gagan1986]

Doubt there is normally any clause in the contract stating employers have to by law provide this letter.

[Kevin24]

Doubt there is normally any clause in the contract stating employers have to by law provide this letter.

True there is nothing formal in the contract. Employer is behaving very adamant. Poor Guy is left high and dry.No where to turn to.There must be few Employers belonging this club.Good job I found this post yesterday night.

[Gagan1986]

Unfortunately there is no way around it. You have to convince your employer and ask for a reason. If the reason is that they are worried that you will leave, ask them that you are ready to sign a contract with them that you will still be working for them for a period of a year or two(for example). Get the letter and ILR. Once you have got it, then you can continue to work with them till you want and seek legal assistance if you want to get out of contract

[Kevin24]

Unfortunately there is no way around it. You have to convince your employer and ask for a reason. If the reason is that they are worried that you will leave, ask them that you are ready to sign a contract with them that you will still be working for them for a period of a year or two(for example). Get the letter and ILR. Once you have got it, then you can continue to work with them till you want and seek legal assistance if you want to get out of contract

After getting your ILR look for good job. Why do you want to work for an Employer like this,making things difficult for you.

[Gagan1986]

. If the reason is that they are worried that you will leave, ask them that you are ready to sign a contract with them that you will still be working for them for a period of a year or two(for example). Get the letter and ILR. Once you have got it, then you can continue to work with them till you want and seek legal assistance if you want to get out of contract

After getting your ILR look for good job. Why do you want to work for an Employer like this,making things difficult for you.

Read my quote above regarding signing a contract with an employer

[Kevin24]

. If the reason is that they are worried that you will leave, ask them that you are ready to sign a contract with them that you will still be working for them for a period of a year or two(for example). Get the letter and ILR. Once you have got it, then you can continue to work with them till you want and seek legal assistance if you want to get out of contract

After getting your ILR look for good job. Why do you want to work for an Employer like this,making things difficult for you.

Read my quote above regarding signing a contract with an employer

Done.I did read your Professional Advice. He must be having a contract when he started the job.

[[iD]]

Doubt there is normally any clause in the contract stating employers have to by law provide this letter.

I know but employer is saying it's against their policy. Now company policies don't form in the clear sky, they're usually in written format and often is part of your employee handbook if not contract.

From what I'm (and all of you are) seeing, OP's employer is just being cocky and ridiculous, I'd personally drag them so far as they'd forget where they started. But of course you only want to go down that road if there are clear chances of getting the letter at the end.

[uksettlement]

Doubt there is normally any clause in the contract stating employers have to by law provide this letter.

I know but employer is saying it's against their policy. Now company policies don't form in the clear sky, they're usually in written format and often is part of your employee handbook if not contract.

From what I'm (and all of you are) seeing, OP's employer is just being cocky and ridiculous, I'd personally drag them so far as they'd forget where they started. But of course you only want to go down that road if there are clear chances of getting the letter at the end.

I don't think any employer can have such a ridiculous policy. The HR is bull shitting and also it appears that OP could have tried harder as HR always says No to these letters involving a line manager would have been crucial. Get help from the solicitor get your ILR then seriously approach a good employment lawyer to claim damages from your employer. All the best.

[mgk26]

Thanks all for your suggestions, am on Tier2(ICT) there is no mention about the policy in my letter. not sure why they hesitate, is it to control atrition or they need to maintain this in order to keep their 'A' rate sponsership etc. not sure. going through solicitor, will see my options.

Thanks
MGK

[dk2011]

Hi MGK,
Please keep updating this board with the outcome which can help many others who are in similar situation. Wish you all the best!!!

[GenX]

Hi,

Kindly let us know how you got the letter or how solicitor helped you because in my case all solicitors have said that they cannot help me with the letter. How about the absences letter , is your employer day to give you that.

Please keep us updated.

Thanks

[mgk26]

Hi,

Kindly let us know how you got the letter or how solicitor helped you because in my case all solicitors have said that they cannot help me with the letter. How about the absences letter , is your employer day to give you that.

Please keep us updated.

Thanks

Hi Genx, I do not have any issue with absence days, hence not sure on that. by the way as per the solicitors openion on my case the options are 1. to go for Judicial review 2. reconsideration request to ukba. I am yet to decide on this. will let you know.

-Thanks
MGK

[salivi]

hi, If you have managed to get around this issues please post on the forum, there are other folks like me who are in similar situation and can be benefited by this.

Thanks

[JPWD]

Hey MGK , Any luck?

Looks like I am on a similar issue , only that I havent booked any appointment yet.

Thanks,
JPWD