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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi I am on tier 2. my previous employer got hmrc order to windup

Customer Question

Hi I am on tier 2. my previous employer got hmrc order to windup company as he didn't pay tax. I worked for him for 2 years. I just changed my company when I came to know about it. Do I get my ILR after completing my 5 years in uk. What documents I need to apply for tier ILR as I'm under tier 2.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

When did you first arrive in the UK and when did your Tier 2 visa start and when does it end?
Customer: replied 2 years ago.

I arrived in UK in September 2009 on Student Visa Tier 4. Later on I switched to PSW Visa. Then I got job and they sponsored Tier 2 General Visa from May 31 2012 for 3 years. I am eligible for ILR by May 2017.


 


Recently, I got to know that the company received HMRC Windup petition. Please check the below link.


 


https://www.thegazette.co.uk/notice/L-60747-1970878


 


So, I tried and got new job and sponsorship from new employer valid from 29/04/2014.


 


Is that going to affect when I apply for ILR?


 


What are the documents I need to collect from the current employer to apply for ILR?


 

Expert:  UKSolicitorJA replied 2 years ago.
Thank you. You will need to make a new tier 2 application as you now have a new employer.

You should try and obtain a letter from your original employer confirming that your employment was continuing until they were wound up by HMRC and gather evidence of this winding up e.g. The Gazette notice as well as P 60 s.

At the time you apply for ILR , your new employer will need to provide a reference letter saying your employment is continuing with them and include the SOC, your job title and name.

Can I help further?
Customer: replied 2 years ago.
Thank you. yes I got new tier 2 visa as I switched the employer.

If I take letter from employer now. Is it going to be valid by the time I apply for ILR. Do I need signature of my previous employer on p60s.

As the previous employer is closing down his company, I may not get documents from him in future by the time I apply for ILR.

I don't know whether the closing company has paid employee taxes or not.

Is that going to affect my ILR application?

Expert:  UKSolicitorJA replied 2 years ago.
It should not affect your ILR application as it is not your fault that your employer went bust.

As long as you have evidence of their winding up, that should be enough, the most important thing is that you have now got a new tier 2 visa.

Your p 60s are not essential if you have payslips just in case you ar asked.

All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi,

For the tax year april 2012 to April 5 2013 I have been given the p60 with final tax code of 810L from my employer. Is this the correct tax code assigned to me.
Expert:  UKSolicitorJA replied 2 years ago.
Yes, it seems so, but you should verify with HMRC.
Customer: replied 2 years ago.

Hi,


 


Would it be possible to know the documents required to switch to ILR from tier 2 general. I have worked for 2 companies from on tier 2 general. Do I need any documents from previous employer?. Is it required to submit counsil tax and utility bills. My rent includes all the bills. What documents I need to submit.

Expert:  UKSolicitorJA replied 2 years ago.
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