Tier 2 to ILR appointment advice required

[JoeLawerence2]

Hi guys, I have booked my premium service appointment for 23rd June at Croydon PEO on Tier 2 General route. The only thing (major thing) that is concerning me is that I have one employment gap of around 5 months in these 5 years although I was still on valid Tier 2 General visa. I did not receive any curtailment letter at that time.

I have not got a definitive answer from this forum and elsewhere on whether this will affect ILR as I have got advices saying it shouldn’t be a problem and some saying it may be problem. I have also searched this whole forum for similar cases but to no avail. Anyways I am taking one for the forum and will report back to say what happens in my case.

The documents I am planning to submit are as follows:
Completed SET (O) paper form
Passport photos
Passports
Current BRP
UK Master degree certificate
Current employer letter confirming my job, salary, etc details with UK absences
Last 3 months bank statement
Last 3 months payslip
Last 5 years P60/Employment history letter
Personal letter confirming my UK absences as I am struggling to get one from previous employer

Is there anything else that I need to submit? My dependants will not be applying with me at this time.

Also any advice on my ILR situation would also be much appreciated

I will keep all the questions regarding my application in this thread. Many Thanks.

[mmo]

Hi,

I am not expert on here, but applying next week (PSC appointment) and I just wonder if you don't need life in UK test result also?

Good luck,
mmo

[JoeLawerence2]

Hi,

I am not expert on here, but applying next week (PSC appointment) and I just wonder if you don't need life in UK test result also?

Good luck,
mmo

I forgot to add it to the list . yes, I will be submitting the LIUK pass certificate as well. Anything else you see missing or any advice on my employment gap situation?

[mmo]

No. I don't think so. also may be two recent photos? It is about the same list requested by my solicitor, in addition to all bank accounts I have. I don't think it is necessary, she is just making a strong stand for the application.

I don't have the absence letter from my previous employer either (just the altitude of not wanting to help from them) I will be submitting e-tickets I have from the airline to support evidence for my absences, along with stamps on passports.

I am not so sure of the employment gap, does it show up on the P60s or employment history? i.e. less earning in that year?

I had read about people's success story with P60s and COS earning mismatches, not heard of the gap though.

Any way, good luck and please do keep in touch. I will do the same after my appointment.

[avi]

Hello Joelawrence2,

Just an afterthought, you only need last month bank statement, as it says on the guidance. i am sure experts will agree with the same.

Please let me know how you get along with your application as i am unable to get absence letter from my previous employer. All the best

Avi

[svasu]

All the best Joelawrence2... I am in a similar situation however not yet eligible to apply for ILR... please keep us posted..

[JoeLawerence2]

Guys, I have received my employer letter with all details like SOC code, salary, required in employment, minimum pay paid, etc. One thing that it doesn't have is the number of hours I am contracted to work (eg. 35 hours). Is that a requirement in the employer letter?

I have my visa appointment day after tomorrow, so any advice soon will be highly appreciated. Thanks

[mmo]

You may need it, as I have it in my employer letter, which is 40 hours per week.

Good luck

[avi]

Yes its necessary to put the hours. Please check your soc code and put it accordingly. all the best and please let us know the outcome.

Cheers

Avi

[JoeLawerence2]

Thank mmo and avi, I will ask HR to include the contracted hours.

One more question - In the application form in page 83 of documents checklist for Tier 2 migrant it states: "For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules." - What document should be submitted for this? Do I tick this box or not?

[JoeLawerence2]

Hi guys. Any input from my above query?

[cs95tdg]

"For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules." - What document should be submitted for this? Do I tick this box or not?

This question would only apply if your ILR residence period is made up of LTR under more than one qualifying immigration category. For example Tier1 + Tier2. If not it would be N/A.

[mmo]

Is it on page 83? If yes, it wasn't ticked in my application.

[JoeLawerence2]

Just to let you guys know that my ILR got approved today. No questions asked regarding employment gap or why I did not provide previous employer absence letter.

I will do a detailed post tomorrow.

Thanks everyone who helped with my queries

[sunny_sunny]

Congrats Joe

[JoeLawerence2]

Hi guys, I have managed to get my ILR yesterday (23/06/16) on the basis of 5 years on Tier 2 General. As mentioned before my main concern was having a 5 month gap between employment although I was on valid Tier 2 general visa at that time. I got mixed responses from this forum with some saying that it will reset my ILR clock and some saying it should not have any issues. Ultimately it has not had any effect on my ILR case

IMO as long as you apply within the date your visa is curtailed to, you should be fine with getting the ILR. I did not get a curtailment letter and I saw my data with UKBA (through a SAR request) that no curtailment decision was made in my case, and by the time they reviewed my application for curtailment I had got my latest Tier 2 visa with new sponsor. So anyone in similar scenario to me, I would suggest to send an SAR request to see if your visa had been curtailed.

Also my previous employer did not provide an absence letter. So I did my own cover letter with the dates I was away and said that they were all on paid annual holidays. I did not mention anything regarding my previous employer not being able to provide the letter. One thing to note though is that in all years my days away from UK were within 30 working days. The caseworker guidance says that if it is within 30 working days then they can ignore even if no employer letter is provided. So I would suggest anyone in similar case to note total no. of days away as well as Working days away in your cover letter. If it is within 30 working days it is unlikely you will have any issue with not providing the absence letter. If it is more than 30 working days then it is upto the caseworker so it will be a risk to not have the employer absence letter.

Please note that all the above are IMHO (In my humble opinion). If you have any questions please post in this thread rather than PM me so that it benefits others as well

[ronymuller]

Hi Joe Lawrence,

You mentioned about gap of 5 months in employment, does that mean that you were not paid salary during that 5 months period or were you paid less than what you were supposed to earn during that 5 months?

Since you submitted 5 months of HMRC employment history, did the case worked not raised an issue asking about why you were not paid salary for 5 months or why you were paid less?

Regards,
rony

[JoeLawerence2]

Hi Joe Lawrence,

You mentioned about gap of 5 months in employment, does that mean that you were not paid salary during that 5 months period or were you paid less than what you were supposed to earn during that 5 months?

Since you submitted 5 months of HMRC employment history, did the case worked not raised an issue asking about why you were not paid salary for 5 months or why you were paid less?

Regards,
rony

Hi Rony, I did not receive any salary during that period of 5 months. P60 or employment history is not a mandatory document on Tier 2 General route. I took it with me but did not submit and nor was asked for it.

[JoeLawerence2]

I got my BRP yesterday. Very fast processing speeds as had appointment on Thursday and got BRP on the Monday, very impressed

[silverchloride]

I got my BRP yesterday. Very fast processing speeds as had appointment on Thursday and got BRP on the Monday, very impressed

Congratulations on your ILR Joe and also for the useful feedback. I was wondering if you could advise me

I'm applying for ILR under Tier 2 in August, the date of first tier 2 was 19th September 2011 so I am thinking of doing PEO on 25th of August. That should be fine right?

Also, with regards to salary, I will have more than 35k from July, which means I will probably have just one pay slip (end of July) and not one from August since it comes in the last days of the month. Will this be a problem?

Do we need P60s or just bank statement (Showing salary coming in), salary slip and letter from HR will do?

My absenses are another issue, altogether I have 360days+ absence over the 5 year period. All because of work related activities. I have to travel between 10-13 weeks a year on business trips. I will get a letter from my manager to confirm all this.

Finally, we don't need any other documents apart from a UK degree right? Not a letter stating it was taught in English... as it is obvious?

Many thanks in advance!

[JoeLawerence2]

I got my BRP yesterday. Very fast processing speeds as had appointment on Thursday and got BRP on the Monday, very impressed

Congratulations on your ILR Joe and also for the useful feedback. I was wondering if you could advise me

I'm applying for ILR under Tier 2 in August, the date of first tier 2 was 19th September 2011 so I am thinking of doing PEO on 25th of August. That should be fine right? - Yes, any date from 28 days before 19th Sep should be fine.

Also, with regards to salary, I will have more than 35k from July, which means I will probably have just one pay slip (end of July) and not one from August since it comes in the last days of the month. Will this be a problem? - One payslip is enough, so if you can show it for July that should suffice

Do we need P60s or just bank statement (Showing salary coming in), salary slip and letter from HR will do? - P60s are not required, last 3 months bank statements are required and Employer letter mentioning salary along with the other details is required

My absenses are another issue, altogether I have 360days+ absence over the 5 year period. All because of work related activities. I have to travel between 10-13 weeks a year on business trips. I will get a letter from my manager to confirm all this. - As long as none of the years you have more than 180 days absense you will be fine, make sure you ask your employer to provide all details of your business trips. Calculate the days in reverse for last five years meaning from 25th Aug 2016 to 26th Aug 2015 and so on and see if any years have more than 180 days absence.

Finally, we don't need any other documents apart from a UK degree right? Not a letter stating it was taught in English... as it is obvious? - UK degree is enough

Many thanks in advance!

Hi dude. I have answered your queries above. Let me know if you have any more questions.

[libertywish]

Congrats JoeLawerence2.

I have to apply for my ILR under tier 2 category. Hmrc cannot find my employment history for the year from 2011 to 2012.

1. I was employed under tier 2 category with the company ‘X’ from 2011 to 2012

2. I have wage slips for the year from 2011 to 2012 but no p60. The wages were paid into my bank account.

3. Then in 2012 company ‘X’ Licence was transferred to Company ‘Y’ and my employment (with same job title, same salary and same working place) was transferred to company ‘Y’.

4. I didn’t have any issues during extension application. I only found out this when asked the Hmrc to send my employment history

5. The last four years seems to be fine and I have p60s as well.

My questions is, can this have any effect on my tier 2 ILR application? I am quite worried about this.

Can you please answer?

Thank you.
Best Regards.

[silverchloride]

Congrats JoeLawerence2.

I have to apply for my ILR under tier 2 category. Hmrc cannot find my employment history for the year from 2011 to 2012.

1. I was employed under tier 2 category with the company ‘X’ from 2011 to 2012

2. I have wage slips for the year from 2011 to 2012 but no p60. The wages were paid into my bank account.

3. Then in 2012 company ‘X’ Licence was transferred to Company ‘Y’ and my employment (with same job title, same salary and same working place) was transferred to company ‘Y’.

4. I didn’t have any issues during extension application. I only found out this when asked the Hmrc to send my employment history

5. The last four years seems to be fine and I have p60s as well.

My questions is, can this have any effect on my tier 2 ILR application? I am quite worried about this.

Can you please answer?

Thank you.
Best Regards.

Hi, I think you should be ok without P60. Your current employer will provide a letter stating your SOC Code, confirming that the salary is above the rate (and 35k+) that should be enough. I don't think providing P60s is required?

Also, do we need HMRC history for Tier 2 applications? I am going to apply in September but haven't thought of getting an HMRC history since I have been with the same employer since 2011.

How do we order HMRC history... maybe I should get it too....

[libertywish]

Hi, I think you should be ok without P60. Your current employer will provide a letter stating your SOC Code, confirming that the salary is above the rate (and 35k+) that should be enough. I don't think providing P60s is required?

Also, do we need HMRC history for Tier 2 applications? I am going to apply in September but haven't thought of getting an HMRC history since I have been with the same employer since 2011.

How do we order HMRC history... maybe I should get it too....

You can call the Hmrc and request the employment history. P60s are not compulsory but it depends on the case worker. Also I have learned in this forum that for the Tier 1 applications they cross check with Hmrc for any earnings claimed. I do not know whether same applies in tier 2 or not.

But as an employee tax and NI is deducted on my wage slips. I do not know how to sort this out.

[JoeLawerence2]

Congrats JoeLawerence2.

I have to apply for my ILR under tier 2 category. Hmrc cannot find my employment history for the year from 2011 to 2012.

1. I was employed under tier 2 category with the company ‘X’ from 2011 to 2012

2. I have wage slips for the year from 2011 to 2012 but no p60. The wages were paid into my bank account.

3. Then in 2012 company ‘X’ Licence was transferred to Company ‘Y’ and my employment (with same job title, same salary and same working place) was transferred to company ‘Y’.

4. I didn’t have any issues during extension application. I only found out this when asked the Hmrc to send my employment history

5. The last four years seems to be fine and I have p60s as well.

My questions is, can this have any effect on my tier 2 ILR application? I am quite worried about this.

Can you please answer?

Thank you.
Best Regards.

Hi Libertywish, I had replied the following in your other thread:

You should not have any issues if your employer paid taxes to HMRC, but there may be an issue if your first employer had not paid any taxes for that year where your employment history is missing. So contact HMRC and find out if the issue is because of a glitch on HMRC side or has your employer not paid any tax at all.

If they confirm that your employer has paid taxes then it doesn’t matter if your employment history is missing on HMRC side. P60s are not required to be submitted for ILR through Tier 2 route, IMO Home Office won’t check your HMRC records unless your employer has been flagged as a tax defaulter.