ILR LR Application

[oni82]

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

[mohramzan]

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

Hi Oni82, great find mate. But i didn't understand the decision, so was the applicant successful in the end? i know its silly to ask but the language of law is sometimes over my head.

[Casa]

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.

[mohramzan]

Thanks Casa

[oni82]

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.

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?

[Pscloud]

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issue in front of Judge, how come UKBA decide the fate of an applicant with an average of 10 years spent in UK on an out of date database.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.

[noajthan]

This topic is about employment history.

[oni82]

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.

[mohramzan]

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.

[oni82]

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.

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?

[Pscloud]

The archieve data ukba have is starting from tax year 2010 therefore for 2008 they will ask hmrc to send them data.

[oni82]

The archieve data ukba have is starting from tax year 2010 therefore for 2008 they will ask hmrc to send them data.

Don't get me wrong mate, just wondering how do you have this knowledge about HO operating procedures/system? Is quite interesting and helpful.

P.S do they have self employment history too?

[oni82]

This topic is about employment history.

His input is very relevant to this post mate!

[Pscloud]

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

[oni82]

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

Fair enough. I asked because I have been self employed since 2013.

[oni82]

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]

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

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]

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

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.

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?
thanks

[oni82]

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

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.

I found this one the forum, is extracted from some goverment website:

"By becoming the direct family member of an EEA citizen exercising treaty rights in the UK, you are ineligible for any application under the UK Immigration Rules (See Section 5 of the Immigration Rules) and hence are ineligible for ILR".

[geriatrix]

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:

• 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.

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.

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.

[oni82]

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:

• 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.

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.

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.

Do you know if "employment history" from HMRC counts as proof employment and consequently proof of exercising treaty rights?

[geriatrix]

Of the EEA national? I believe it should.

[oni82]

Of the EEA national? I believe it should.

Yep, hers! She has lost the P60's and cannot track the payslips but she requested a letter which contains her employment history for 5 years

[oni82]

Hi everyone, I hope you are having a good time!

I have a question related to an ILR LR application (due soon). I am going to apply at a PEO centre (not decided where yet) I might be facing a small problem tho;

-I am claiming legal residency based on EEA2 visa for the last 3 years (7 years Student). My wife has lost her p60's and most of the payslips during relocation unfortunately. We have been provided with some B&W p60's as they don't provide originals anymore and not sure if these will be accepted (I heard not).

-We have obtained a copy of her "Employment History" and it contains all 3 years we need it for and it shows a steady salary of 13K for each year. Now I was told by someone quite knowledgeable that HO are being a bit funny in SOME cases about "Employment History" letters!

a)Has anyone have had any negative/challenging experiences about similar matter where "Employment History" was not accepted or not good enough? I would truly appreciate your support and your advises.

b)On a separate note- Which PEO center do you suggest? I heard Croydon is not good and people can be a bit cheeky let's say. I heard Solihull, Glasgow and Cardiff are quite relaxed and waiting time is relatively short?

Thank you
Leo

[geriatrix]

Only original documents will be accepted, as clearly mentioned in the application form.

So you don't have original P60s / payslips and been given to understand that "employment history" may not work. Well, how do you propose to fulfill the requirements then? Isn't the very knowledgeable person knowledgeable enough to answer that question? What if 10 people told you it worked for them and 10 told you it didn't work for them, what will you do? Unfortunately, you are not in a position to choose between multiple pieces of evidence that you may choose but in a precarious position of applying with whatever you have in possession and hope for the best.

Employment history is issued by a government department and I don't see a reason why it cannot be used as evidence of exercising treaty rights (through employment) or why it will not be accepted by UKVI.