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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
oni82 wrote:Hi guys, quite a while from the original post but I found some relevant info regarding the matter. Below I am enclosing a link which contains a Judges decision on " working more than 20hr"
https://tribunalsdecisions.service.gov. ... 21868-2014
Casa I don't understand why did the applicant disclose the payslips? Is like shooting yourself in the leg! As far as I know the application is pretty straight forward so no need for payslips?Casa wrote:The Appellant (the student) lost their appeal against the Respondent (the Home Office). It all rested on whether the Case Worker had applied the necessary discretion on refusing the application. There appeared to be no dispute that the student had worked in excess of the permitted hours for a number of years.
Pscloud wrote:UKBA dont have live access to HMRC system. Though both are government departments however they both use entirely different systems. HMRC Management softwares are completely different what UKBA use. HMRC has given archived data to UKBA which they use for verification purpose. This data is not been updated since Jan 2015 so anyone updated their returns after that it will not reflect on UKBA system and CW will refuse while looking at old figures. WHAT AN IRONY.
If anyone going in JR they should raise this issue in front of Judge, how come UKBA decide the fate of an applicant with an average of 10 years spent in UK on an out of date database.
HMRC only takes between 30-50 requests from UKBA each month to provide them updated details if required. HMRC has closed the fax facility therefore any information UKBA request come via postal mail.
It is for this reason CW in Croydon mostly rely on the documents (SA302, Employment History) applicant provides rather looking at rusty HMRC archived data. Otherwise they wont be asking applicants for SA302 when they already have them from HMRC.
What you saying is that- This will affect a person who has worked more than the allowed amount of hours for the year 2007-08?
Just to note here :: Only Senior CW can request updated Data from HMRC , therefore in regional PSC they dont have many Senior CW so they they rely on the archived data from HMRC and decide the fate of the applicant on out of data system.
I hope it clarify everyone.
Pscloud wrote:UKBA dont have live access to HMRC system. Though both are government departments however they both use entirely different systems. HMRC Management softwares are completely different what UKBA use. HMRC has given archived data to UKBA which they use for verification purpose. This data is not been updated since Jan 2015 so anyone updated their returns after that it will not reflect on UKBA system and CW will refuse while looking at old figures. WHAT AN IRONY.
If anyone going in JR they should raise this issue in front of Judge, how come UKBA decide the fate of an applicant with an average of 10 years spent in UK on an out of date database.
HMRC only takes between 30-50 requests from UKBA each month to provide them updated details if required. HMRC has closed the fax facility therefore any information UKBA request come via postal mail.
It is for this reason CW in Croydon mostly rely on the documents (SA302, Employment History) applicant provides rather looking at rusty HMRC archived data. Otherwise they wont be asking applicants for SA302 when they already have them from HMRC.
Just to note here :: Only Senior CW can request updated Data from HMRC , therefore in regional PSC they dont have many Senior CW so they they rely on the archived data from HMRC and decide the fate of the applicant on out of data system.
I hope it clarify everyone.
Pscloud wrote:UKBA dont have live access to HMRC system. Though both are government departments however they both use entirely different systems. HMRC Management softwares are completely different what UKBA use. HMRC has given archived data to UKBA which they use for verification purpose. This data is not been updated since Jan 2015 so anyone updated their returns after that it will not reflect on UKBA system and CW will refuse while looking at old figures. WHAT AN IRONY.
If anyone going in JR they should raise this issue in front of Judge, how come UKBA decide the fate of an applicant with an average of 10 years spent in UK on an out of date database.
HMRC only takes between 30-50 requests from UKBA each month to provide them updated details if required. HMRC has closed the fax facility therefore any information UKBA request come via postal mail.
It is for this reason CW in Croydon mostly rely on the documents (SA302, Employment History) applicant provides rather looking at rusty HMRC archived data. Otherwise they wont be asking applicants for SA302 when they already have them from HMRC.
Just to note here :: Only Senior CW can request updated Data from HMRC , therefore in regional PSC they dont have many Senior CW so they they rely on the archived data from HMRC and decide the fate of the applicant on out of data system.
I hope it clarify everyone.
Pscloud wrote:The archieve data ukba have is starting from tax year 2010 therefore for 2008 they will ask hmrc to send them data.
His input is very relevant to this post mate!noajthan wrote:
This topic is about employment history.
Fair enough. I asked because I have been self employed since 2013.Pscloud wrote:They have all the records of your taxes only. They cant see payments you have made to HMRC therefore ask you to provide them any payment plans, class 2 NI etc et
Yes, people have and you have to submit evidence of your EU sponsor exercising treaty rights for the whole period that you are using on EEA2.oni82 wrote:Hi all.
Has anyone applied for ILR (LR) by having a period of their long residency with a EEA2 visa? I need to know what documents do you need to provide for your EEA2 period?
Thanks
Thanks mate, as she has lost almost all of her payslips also the p60's she has are reproduced copies from her employer and not original. What shall I submit? Will requesting her Employment History be of any help?CR001 wrote:Yes, people have and you have to submit evidence of your EU sponsor exercising treaty rights for the whole period that you are using on EEA2.oni82 wrote:Hi all.
Has anyone applied for ILR (LR) by having a period of their long residency with a EEA2 visa? I need to know what documents do you need to provide for your EEA2 period?
Thanks
CR001 wrote:Yes, people have and you have to submit evidence of your EU sponsor exercising treaty rights for the whole period that you are using on EEA2.oni82 wrote:Hi all.
Has anyone applied for ILR (LR) by having a period of their long residency with a EEA2 visa? I need to know what documents do you need to provide for your EEA2 period?
Thanks
Long residence -> Time spent in UK with a right to reside under EEA regulations wrote:Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for third country nationals who have spent time in the UK as:However, you must apply discretion and count time spent in the UK as lawful residence for an EU or EEA national or their family members exercising their treaty rights to reside in the UK.
- the spouse, civil partner or other family member of an European Union (EU)
- an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence
- former family members who have retained a right of residence During the time spent in the UK under the provisions of the EEA regulations, the individuals
are not subject to immigration control, and would not be required to have leave to enter or leave to remain.
Sufficient evidence must be provided to demonstrate that the applicant has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules.
geriatrix wrote:Long residence -> Time spent in UK with a right to reside under EEA regulations wrote:Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for third country nationals who have spent time in the UK as:However, you must apply discretion and count time spent in the UK as lawful residence for an EU or EEA national or their family members exercising their treaty rights to reside in the UK.
- the spouse, civil partner or other family member of an European Union (EU)
- an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence
- former family members who have retained a right of residence During the time spent in the UK under the provisions of the EEA regulations, the individuals
are not subject to immigration control, and would not be required to have leave to enter or leave to remain.
Sufficient evidence must be provided to demonstrate that the applicant has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules.
geriatrix wrote:Of the EEA national? I believe it should.