Tier 1 (G) applicant soon be applying for ILR

[ashehzi]

Hi Collective,

I am Tier 1 (G) applicant and will soon be applying for ILR. I have a question regarding usage of P45 instead of P60 in order to prove economic viability of Tier 1 (G) over five years as specified in

12L Tier 1 (General) migrant
----------------------------------
For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.

Below is the scenario:

1st Year - Nov 2010 - Apr 2011 ==> P60 present
2nd Year - Apr 2011 - Apr 2012 ==> P60 present
3rd Year - Apr 2012 - Apr 2013 ==> P60 present
4th Year - Apr 2013 - Apr 2014 ==> P45 present as I resigned in last week of March 2014 and got P45 from the employer at that time.
5th Year - Apr 2014 - Apr 2015 ==> P60 present

I think It should be OK to use P45 instead of P60 as specified above.

What do you think members?

[argus7]

Yes a P45 can be shown. as it will contain all details for that tax period as well including PAYE ref of that employer

[ashehzi]

Hi guys,

In order to submit my ILR after 05 years stay as Tier 1(G) applicant, I want to get Employment History records from HMRC.

By searching this forum, I found two URLS:

1. Postal: Use this form if you need confirmation of your employment history to make a claim for compensation: https://www.gov.uk/government/publicati ... ry-request

2. Fill It Online: Data Protection Subject Access Request Form: https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

Which one is more appropriate to use and results in quick response for ILR applications?

[ashehzi]

any reply please?

[argus7]

You need to call HMRC on 0300 200 3300 and ask for this to be sent in post 5 - 10 working days.

[atrang]

You will need to call HMRC, provide your NI number and request for Employment History with NI & Tax details.

Please call them when you have ample time available with you as you may need to hold the line for an hour or so, I was waiting for 50 minutes. You will be lucky if you get through quickly.

They normally say that it will arrive in 10-15 business days, but it usually comes in a week.

[ashehzi]

Hi,

I gave IELTS (General) in Nov 2009 and used it for Tier 1 (G) application in March 2010. I came to UK in October 2010.

I am filling SET(O) forms, so need to double check which options to choose?

4.3 Have you and/or your partner obtained the following to show that you have met the knowledge of language and life in the UK requirement.

An ESOL qualification at Entry Level 3, Level 1 or Level 2 , that includes speaking and listening which has been regulated by the Office of Qualifications and Examinations Regulation (Ofqual). It must be listed as an ESOL qualification on the Ofqual Register and taken in England, Wales or Northern Ireland; OR
Answer: X (Yes)

But since IELTS was given in 2009, there is Ofqual stamp on the certificate but same certificate was used and accept for Tier 1 (G) application. So, it works.

Now coming over to question below:

4.5 If you have a speaking and listening qualification in English at B1 CEFR or higher, or an equivalent level qualification, is it:

which option shall I choose?

Option 1: A test that is on the Home Office list of approved tests – go to question 4.6
Option 2: A test that is on the Ofqual register or awarded by the Scottish Qualifications Authority – go to section 5

Is it option 1 or 2? I meant those who have used their IELTS test certificate in initial Tier1(G) application, which option they are choosing for their ILR?

Regards

[mnaeem126]

Option 1

[ashehzi]

Morning all,

Please see my scenario and confirm if the date of appointment seems fine.

Visa Type: Tier 1 (General)
Visa Granted/Stamp Date: 01-Jun-2010
Arrival Date in UK: 10-Oct-2010
Holidays outside 180 days in any of five years: None
ILR PEO Appointment Date: 14-Sep-2015

Based on 10-10-2010, I added five years to get 10-10-2015 and then subtracted 28 days using time/date calculator and got Saturday, 12-Sep-2015. Based on this info, I booked an appointment for Monday 14-Sep-2015.

Does it sound all OK?

Many thanks.

[Chase53]

Yes, its perfectly alright.

[ashehzi]

Hi Guys,

I am going to use below cover letter. It is a one pager. Any issues found, please point out.

Cover Letter – Application for Indefinite Leave to Remain
To,
UK Visas & Immigration
Home Office
Croydon

Dear Sir/Madam,
Subject: Request for Grant Indefinite Leave to Remain in the UK
I, first last name, intend to apply for Indefinite Leave to Remain (ILR) in the UK along with two dependants, my wife and daughter. For this purpose, I’ve used SET (O) form, version 08/2015.

I applied for Tier 1 (General) back on 23-03-2010 and my initial entry clearance was valid from 01-06-2010. However, I came to the UK on 10-10-2010, outside of initial 90 days limit to count towards continuous period. Therefore, I applied for 2nd extension last year in order to complete five years of continuous residence in the UK. The five year qualifying period is calculated from the date on which I entered the UK, 10-10-2010, with Tier 1(G) visa. Therefore, I consider 14-09-2015 as a suitable date for this application.

Application Fee Payment: I paid online for the ILR application, the Payment Sheet of which is attached as evidence.

Absence from UK: I have only one absence from the UK during the five year period when I travelled to Pakistan to meet my family as they were not with me here at that time. I departed on 24-12-2010 from Heathrow Airport, flight number PK-788 and landed back on 03-01-2011, flight number PK-785. That is a total of 11 days.

Knowledge of Language & Life in the UK: I passed my ESOL IELTS test on 05-12-2009 which I used for initial Tier 1 (G) application back in 2010. Same was accepted by the Home Office for the previous two extensions. Original pass certificate is attached with this application as evidence.

Dependent 1, my wife, gave her ESOL IELTS test in England on 05-11-2011. It is being presented for the first time to Home Office, is on the Ofqual Register of Regulated Qualifications and bears Ofqual logo at the back of the certificate. Original pass certificate is attached with this application as evidence.

Both my wife & I have passed the Life in the UK test. Pass certificates are submitted as evidence.

Section 9A – Tier 1 (General) Migrants: My initial application was made on 23-03-2010 as Tier 1 (General) Migrant from Riyadh, Saudi Arabia (receipt attached). Therefore, the rules in place before 6 April 2010 apply in my case requiring 75 points from Table 2 of the Immigration Rules, Appendix A. Therefore, I am claiming following points: Qualifications – 35, Previous Earnings – 45, UK Experience – 05, Age – 10, totalling to 95.

Section 12A – Your Finances: I am submitting pay slips and bank statements for the past 12 months under Section 9A. The same can be considered under this section as well.

I hope the information provided is satisfactory. To keep the application simple, I have only submitted the supporting documents that are essential in my opinion. However, today I am carrying various other additional documents ready for submission should you have any queries.

Thanking you.

Yours Truly,
XXXXX YYYYYYY

[ashehzi]

Hi all,

This query is regarding the use of IELTS test certificate for ILR application.

I am Tier-1 General migrant applying for ILR next month along with my dependant (my wife).

My wife gave her IELTS in November 2011. As you know IELTS is expired after two years, I want to be sure that we can use it as her English Language Knowledge Test.

According to UK Gov website: https://www.gov.uk/english-language/app ... ifications

"From November 2015, you won’t be able to use ESOL qualifications as proof for settlement and citizenship applications.
...
If your qualification expires
Some qualifications on the Home Office’s list will expire after 2 years.
...
If you’re applying to settle in the UK, your expired qualification may still be accepted as proof if it was one of the following:

1. previously accepted by the Home Office in connection with another immigration application, eg entry clearance
2. awarded in the UK and is on the Ofqual register

You need to confirm your qualification with either a certificate or by checking that your results can be viewed online."

Now, we want to use my wife's IELTS test given in November 2011 next month but it was never presented to Home Office but is awarded in the UK and is on the Ofqual register.

The interesting bit here is I contacted UKVI on 0300 123 2241. The guy on the phone wasn't sure and said if it is expired, it can be used. He gave confusing responses and even said since it contains word "may", it is up to the case worker to accept it and sometimes said it cannot be used.

Anyone here who used expired IELTS for first time to Home Office for ILR application which was given in UK and is on Ofqual register?

Regards

[ashehzi]

Response to above query is appreciated. Thanks.

[ashehzi]

Hi Moderators,

I understand why are you merging my posts because they all relate to me even though queries are different but what is happening is that I think people look at the subject/topic and then respond.

Hi all,

If you have used expired IELTS for your ILR which was never presented to Home Office in any earlier applications, was it accepted assuming it was taken in the UK and was on Ofqual register?

Many thanks.

[geriatrix]

The use of "may" is a concern TBH.

If a test report (which has since expired) has never been used in an immigration application before then a new test is usually required to be undertaken.
Unless you want to take a risk.

Did she not have to prove English language requirement in any of her previous immigration application(s)?

[ashehzi]

The use of "may" is a concern TBH.

If a test report (which has since expired) has never been used in an immigration application before then a new test is usually required to be undertaken.
Unless you want to take a risk.

Did she not have to prove English language requirement in any of her previous immigration application(s)?

She is my dependant (Tier 1 G dependant). There was no such requirement for her entry clearance or extension.

She gave IELTS because that was requirement for GMC and since she has that certificate, we thought to use it.

[geriatrix]

Does she have a bachelors / masters degree that was taught in English?

[ashehzi]

Does she have a bachelors / masters degree that was taught in English?

Hi,

I understand the basics here. She has a degree of MBBS from Pakistan but mostly degrees from Pakistan are not recognized as being taught in English, so she gave IELTS back in Nov 2011 in England for her GMC registration which requires a minimum of 7.5 IELTS score in each module.

A friend of mine is in same situation but he is on Tier-2(G) and going for ILR this Friday with his wife having done IELTS back in 2011 and using that expired certificate. I hope it gets accepted for them, otherwise I have to book GESE Grade 5 exam from Trinity College London for my wife.

[geriatrix]

I understand the basics here. She has a degree of MBBS from Pakistan but mostly degrees from Pakistan are not recognized as being taught in English

So you have checked the PBS calculator, and it does not show 10 points for English for your wife's MBBS qualification.

[ashehzi]

I understand the basics here. She has a degree of MBBS from Pakistan but mostly degrees from Pakistan are not recognized as being taught in English

So you have checked the PBS calculator, and it does not show 10 points for English for your wife's MBBS qualification.

Yes. It doesn't show with 10 points.

[ashehzi]

My friend had his ILR done today.

He was on Tier-2 (General). He attended driving class day before yesterday because of over speeding and was also fined £100 in last few days for same. But it went fine for him today.

Also, his wife gave IELTS like my wife in Nov 2011 and she used that expired certificate even though it was not presented before to Home Office but was on Ofqual and had Ofqual stamp at the back of the certificate and was accepted today by the case worker as proof of English.

[geriatrix]

his wife gave IELTS like my wife in Nov 2011 and she used that expired certificate even though it was not presented before to Home Office but was on Ofqual and had Ofqual stamp at the back of the certificate and was accepted today by the case worker as proof of English.

Good to know. Thanks for that!

[ashehzi]

You need to call HMRC on 0300 200 3300 and ask for this to be sent in post 5 - 10 working days.

Thanks for the number. Had to wait one hour on the call to get it answered, being told will take 1-2 weeks to arrive in post.