Employer Letter verification - ILR in June

[pelican2016]

Hi Gurus,

I have booked my appointment for ILR on 26th and just want to check whether the below employer letter is fine or will it add confusion to the case worker? I switched from ICT2 to Tier 1 in country application on 21st July 2010, returned to India in Dec 2010 to resign and come back to UK on 6th March, re-joined the same company in April. I have got P60(showing only 5k for 2010-11)) and payslip for the period I worked from Jun to Dec but no salary information for the 65 days I was out of UK from 1st Jan 2011 to 6th March 2011.

Employer Letter :

"Please take this letter as confirmation that the above mentioned has been a permanent
employee of xxxx India from 15th May 2006 to 4th March 2011. He was working on a UK
assignment from May 2010 till March 2011 and was rehired as permanent employee in
xxxx Limited UK from 26th April 2011 until Present. As part of xxx policy he is
allowed to have 25 holidays excluding bank holidays per year".

Also other documents which I am submitting are as below and appreciate if gurus can review:

1. Application Form
2. Passport Photos (2 each for main applicant and dependent)
3. Passports (2 each for main applicant and dependent)
4. BRB Cards (1 each for main applicant and dependent)
5. Personal Bank Statements of Halifax and Hsbc (15 months for main applicant covering from Apr14 to May15).
6. Payslips (12 periods covering from Apr14 to Mar15 for main applicant)
7. Main applicant P60 for period Apr14-Mar15
8. Letter explaining Absences outside the UK during the past 5 years
9. Life in UK Pass certificates (1 for main applicant and 1 for dependent)
10. Main applicant PBS tier2 summary awarding 10 points for English language requirement.
11. Dependent PBS tier2 summary awarding 10 points for English language requirement.
12. Graduation Degree certificate (1 for main applicant and 1 for dependent)
13. Co-habitation proofs:
a. Letters with both Main Applicant and Dependent on them:
i. Marriage certificate
ii. Council Tax for 2012, 2013, 2014 and 2015
iii. Mortgage Statement for 2013/14 and 2014/15.
iv. Water Bill dates different between 2013 and 2015.
v. Home Insurance covering 2013/14 and 2014/15.
vi. House purchase completion document.

b. Letter for Main Applicant (XXXX):
i. Electoral registration letter and polling cards from 2012 to 2015.
ii. Tier 1 extension letter from UKBA.
iii. Bank Statements(Halifax, Hsbc) from 2013 to 2015.
iv. HMRC letter

c. Dependent (XXXXX):

i. HSBC personal loan statement covering from 2013 to 2015.
ii. Electoral Letter , poll cards covering from 2013 to 2015.
iii. NHS letter
iv. Utility Bill covering from 2013 to 2015.
v. Halifax, HSBC personal bank statements

Thanks
Raz

[pelican2016]

Gurus,

Appreciate if you can review the above documents, employer letter and provide the feedback as it will give enough time to correct any documentation ?

Thanks
Raz

[pelican2016]

Please can someone review the employer letter as it will take a bit of time with my employer to get a edited copy???

Thanks
Raz

[venkatasureshs]

You can try something like this .. (Ignore SOC code and salary details for non Tier2 applications)
Note : This format is primarily for Tier2 :


Dear Sir/Madam,

This is to certify that <employee name> is presently employed with <company name>
since XXXXXX and holds the designation of XXXXXXX.

His current annual salary is £XXXX which is above the appropriate rate of £XXXX as
per SOC XXX for XXXX role stated in the codes of practice for Tier2
sponsors.

Please accept this letter as a confirmation that XXXXXX’s services as
an employee are still required and he will continue to remain employed with us in the
foreseeable future.

Should you have any questions, Please do not hesitate to contact us.

[pelican2016]

Thanks for the response Venkatasuresh - after a long wait atleast I got some response feeling very happy.........

Mainly I want to submit the employer letter to cover my gap of 65 days which was during the time I was moving from India firm to UK firm. The main concern I have is for the first year after I got Tier 1 in july 2010(before I was on ICT) and continued working for the same company(on ICT salary) till Decc 2011, went back to India resigned and came Back. The P60 for 2010-11 shows only 5k in HMRC employment history records. So below are my main concerns and appreciate valuable feedback from Guru's in this forum.

1) Will the above employer letter create confusion to the case worker if so should I just mention in my absence letter as a holiday to visit family and modify the employer letter as suggested by Venkatasuresh?
2) The P60, HMRC employer letter for 2010-11 shows only 5k as I got other benefits of ICT(home, allowances during 2010-11 which are not shown in P60). Will this have impact on my ILR?

Thanks
Raz

[cs95tdg]

It would help if you state the following in brief, without any other details.

1) what residence period (from date- to date) you plan to use towards your ILR application
2) what visa category(s) you were on during that residence period.
3) whether you were working and paid for in the UK during that period.
4) whether you meet the 180 day absence threshold for each consecutive year, over your 5 year residence period.

The reason for the 3rd question is because, if you have a absence where you were seen to be employed and paid outside the UK (with no HMRC employment history), then that may be seen as a break in your continuous residence.

[venkatasureshs]

Not sure on your second point for P60.

But if you mainly interested in absences, You can try below formats for Employer and Applicant Letter of Absences.
All the best.

=================================================
Employer letter for absence:
Date: xxxx
Emp Name: xxxxx
EMP No:xxxx
TO WHOMSOEVER IT MAY CONCERN
As per our records, following is the leave details taken by the employee for the period
xxx to xxx pertaining to xxxxx , employee number xxxx. This letter is issued at the employee's request.
From To
xxx xxx
xxx xxx
xxx xxx
Yours Cordially,
<Company signature>

============================
Applicant letter for absences:

Date: xxxxx

To,

PEO Croydon
UK Border and immigration Agency
Lunar House, 40 Wellesley Road
Croydon, CR9 2BY


Sub: ILR Application – Letter explaining absences out of UK (Passport Number: xxxxx)


Dear Sir/Madam,

Through this letter, I would like to provide a summary explaining the absences out of UK that I had during the 5 years qualifying period for continuous residence.
Given below is a summary of total days I was absent during the qualifying period based on date of this application and the same can be found in my passport entry and exit stamps:

Year From To Days Leave Period Reason for Absence Evidence
5 xxxxx xxxxx 0 NA NA NA
4 xxxxx xxxxx 29 Annual Leave (Family Visit to India) Absence Letter from Employer
3
2
1
Please find the Absence Letter from Employer attached mentioning all the Leave dates as per company records (excluding public holidays and weekends)

Throughout the qualifying period, my residence and place of work was in United Kingdom. Please contact me if you need any further clarification.


Thanks & Regards
xxxxxx

============================

[pelican2016]

Thanks Venkatasuresh for cover letters.

cs95tdg - thanks for the response.
1) what residence period (from date- to date) you plan to use towards your ILR application
21 July 2010 - 21 July 2015.
2) what visa category(s) you were on during that residence period.
Tier 1 General
3) whether you were working and paid for in the UK during that period.
Mostly yes but a confusion is for the first year 2010-11. I switched my visa from ICT to Tier1 but continued working for the same employer till March 2011 of which I had to go back to India to resign and come back to UK. I was paid in UK from June to dec 2010 and paid in india for Jan, feb when I was serving the notice. The total pay showed by employer to HMRC was 5k for 2010-2011 as I was on ICT role. Do not have any issues from April 2011 - till date as per HMRC employment history letter all looks good and above the salary range for which I applied tier 1.
4) whether you meet the 180 day absence threshold for each consecutive year, over your 5 year residence period.
No holidays more than 180 days in 1 year or total 5 years. I was out of UK for 65 days in the first year 2010-11 when I was serving notice in India and that is the only concern I have before I submit the ILR.

Thanks
Raz

[yash84]

Is the employer letter required ? I don't think so.

[pelican2016]

Thanks yash84.

But will my low pay of 5k(HMRC records) and 65 days out of UK during 2010-11 will it create any issue with ILR ? If case worker raises any concern then how should I respond to those queries.

Thanks
Raz

[cs95tdg]

21 July 2010 - 21 July 2015.
2) what visa category(s) you were on during that residence period.
Tier 1 General
3) whether you were working and paid for in the UK during that period.
Mostly yes but a confusion is for the first year 2010-11. I switched my visa from ICT to Tier1 but continued working for the same employer till March 2011 of which I had to go back to India to resign and come back to UK. I was paid in UK from June to dec 2010 and paid in india for Jan, feb when I was serving the notice. The total pay showed by employer to HMRC was 5k for 2010-2011 as I was on ICT role. Do not have any issues from April 2011 - till date as per HMRC employment history letter all looks good and above the salary range for which I applied tier 1.

As your residence period for ILR only consists of LTR as a T1G migrant I do not see the need to explain your leave and absences before that, where you were in/out of the UK under a different immigration category. What you should focus on is the period beginning July 2010, as that's what you intend to use as the start of your 5 year ILR residence. And as you say you were working and paid in the UK from June that year, I don't really see that there is a issue here. Please correct me if I've misunderstood your concern.

[pelican2016]

Thanks for the response cs95tdg.

No I was not in/out of UK on different immigration category and your understanding is right but the concern I have is the work from July 2010 to Dec 2010 I did was as an ICT employee(as the company provided accomodation and allowance so the salary paid to me was less, also company paid group tax/NI for that period) because of that my total salary for 2010-11 is only 5k. So will that low salary for 2010-11 as per HRMC record will effect my ILR(My initial tier 1 was granted as per above 35k salary per year)?

Raz.

[cs95tdg]

the concern I have is the work from July 2010 to Dec 2010 I did was as an ICT employee.

This is what I don't understand, how could you have been employed as an ICT employee during the period mentioned above, when you say you switched to T1G in July that year?

Or do you mean that you were still paid the same salary that you were paid while you were ICT migrant (lower), even after you switched to T1G, up until December 2010?

[cs95tdg]

Additionally, when you say you were paid in India during Jan & February, was this during your ILR residence period? I.e. 2011?

If so it may be considered a potential break in continuous residence.

[pelican2016]

Or do you mean that you were still paid the same salary that you were paid while you were ICT migrant (lower), even after you switched to T1G, up until December 2010? Yes because my company was not ready to move me and I had to resign the company and came back to UK in March 2011. After that they again rehired me as an UK employee in April.

[pelican2016]

Additionally, when you say you were paid in India during Jan & February, was this during your ILR residence period? I.e. 2011?

Yes - as explained I had to resign India division(serve the notice period of 3 months ) and moved to UK in March 2011. I have started job hunt and luckily the same employer rehired me in April as an UK employee.

[cs95tdg]

When does your current T1G leave expire? This is to understand whether you could delay your ILR application. The break where you were employed and paid in India during 2011, is the reason I see a issue.

[pelican2016]

When does your current T1G leave expire? This is to understand whether you could delay your ILR application. The break where you were employed and paid in India during 2011, is the reason I see a issue.

Yes I too have the same concern, but as it is only 65 days (within limit of 180 days) can I just submit my application explaining only regarding my absence? How do the case worker know whether I got paid in India during that period? Also I have proofs of email (conference call schedule details, discussion with employers on my availability etc)showing I was actively looking for job roles during that 65 days gap in UK. Also will the case worker question my 5k earning during 2010-11?

I have extended my tier 1 till 2018 to be on saffe side.. and I can wait till next year April 2016 to apply ILR but if there is any possibility of applying now then I do not want to miss the opportunity(considering all the rule changes happening around).

Raz.

[cs95tdg]

Yes I too have the same concern, but as it is only 65 days (within limit of 180 days) can I just submit my application explaining only regarding my absence? How do the case worker know whether I got paid in India during that period? Also I have proofs of email (conference call schedule details, discussion with employers on my availability etc)showing I was actively looking for job roles during that 65 days gap in UK.

You may possibly be able to explain away your absences, as they are within the allowed threshold. I honestly don't know whether there's any way they can find out if you were employed there, unless it's declared somewhere. The fact that you have evidence showing your job search during that time, should certainly help, if that's how you intend to explain the time spent over that absence.

Also will the case worker question my 5k earning during 2010-11?

This, I honestly don't know. Technically, as T1G migrant you are not required to earn any given amount over a year, so it shouldn't matter. I assume you initially qualified to switch from ICT to T1G because you met the points requirement with your income then?

I have extended my tier 1 till 2018 to be on saffe side.. and I can wait till next year April 2016 to apply ILR but if there is any possibility of applying now then I do not want to miss the opportunity(considering all the rule changes happening around).

You are in a good position, as your current leave doesn't expire soon.

[pelican2016]

Thanks cs95tdg.

Any more feedback from other members?