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Applying for ILR - Work Permit to HSMP

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leondj
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Applying for ILR - Work Permit to HSMP

Post by leondj » Wed Mar 05, 2008 5:22 pm

Hello All,

I am about to apply for my ILR based on 3 years on a work permit and 2 years on an HSMP visa. Just one (longwinded) question.

I received my approval letter for HSMP on the 21st of February 2006. Then I opened my own limited company at the end of March and started contracting. My first payment for cantracting was received in my company account on the 14th April 2006. Because of all the uncertainty with 1 year or two years initial HSMP I waited before applying for my FLR. I finally did and received the approval on 17 May 2006.

Now for proof on my ILR application can I show my company accounts for the period between March and May 2006 or was I not allowed to have a company at that stage? If so, what can I do? Please help!

Leon

Pathway
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No Worries

Post by Pathway » Thu Mar 06, 2008 10:33 pm

You will not have to show any thing. Last 3 moths payslips, bank statement and a letter from your current employer (or letter from your own company) will do just fine. Are you applying by post or in-person?

SYH
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Re: Applying for ILR - Work Permit to HSMP

Post by SYH » Thu Mar 06, 2008 10:53 pm

leondj wrote:Hello All,

I am about to apply for my ILR based on 3 years on a work permit and 2 years on an HSMP visa. Just one (longwinded) question.

I received my approval letter for HSMP on the 21st of February 2006. Then I opened my own limited company at the end of March and started contracting. My first payment for cantracting was received in my company account on the 14th April 2006. Because of all the uncertainty with 1 year or two years initial HSMP I waited before applying for my FLR. I finally did and received the approval on 17 May 2006.

Now for proof on my ILR application can I show my company accounts for the period between March and May 2006 or was I not allowed to have a company at that stage? If so, what can I do? Please help!

Leon
I dont see the dilemma, people make issues out of things that don't exist

leondj
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Post by leondj » Fri Mar 07, 2008 9:49 am

Thanks for the replies. Good to hear that you guys are not too worried about this. I am doing the application in person next Friday the 14th. I am writing the life in the UK test tomorrow, so it's all getting a bit close now.

I was told I should show my company accounts and bank statements for the past 2 years (hsmp period) by a friend. Are you saying this is not neccesary? To lessen the risk of them being picky on this point maybe I should not submit these then. Should I only submit a letter from my company to me saying they will still employ me, and maybe submit the last years banks statements and ivoices from my company. Should this be enough?

Leon

SYH
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Post by SYH » Fri Mar 07, 2008 10:06 am

leondj wrote:Thanks for the replies. Good to hear that you guys are not too worried about this. I am doing the application in person next Friday the 14th. I am writing the life in the UK test tomorrow, so it's all getting a bit close now.

I was told I should show my company accounts and bank statements for the past 2 years (hsmp period) by a friend. Are you saying this is not neccesary? To lessen the risk of them being picky on this point maybe I should not submit these then. Should I only submit a letter from my company to me saying they will still employ me, and maybe submit the last years banks statements and ivoices from my company. Should this be enough?

Leon
Look at the application and guidance, or use the search function, You are completely unprepared.

Pathway
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Re:

Post by Pathway » Fri Mar 07, 2008 1:28 pm

You MUST take the letter from your employer or your company even if you are applying as HSMP holder.

It’s good that you have decided to apply in-person. Which PEO are you going to? Here’s what they’ll do.

The front desk will call you and see all the documents, check your Life in the UK score on their system and and also tell you, phone HSMP team to check for any recent development on your case. They’ll give everything back to you and tell you to pay the fee. Once you paid £950, a case officer will call you on his/her window. They will ask basic questions about your stay and employment. And if he/she is satisfied, they will tell you the grant decision within 5 minutes and wait for passport for about an hour or so.

alina76
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Post by alina76 » Fri Mar 07, 2008 4:37 pm

hi ,

even I have the same question. In guidance notes they ask for proof of ur personal earning "During ur stay under HSMP". How can u show the proof of earnings for 5 years by showing P-60 or anything else. The reason I am asking my first year p-60 is missing and there were some problams in my p-60 anyway because I didn't give my P45 to my new employer on time and thats why my P-60 for that year does not show all the income I have earned in that year. How to sort this out?

alina76
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Post by alina76 » Fri Mar 07, 2008 4:50 pm

Hi Pathway,

one more question when they call HSMP team what exactly they ask from them?
Thanks

Pathway
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Post by Pathway » Fri Mar 07, 2008 10:06 pm

alina76 wrote:Hi Pathway,

one more question when they call HSMP team what exactly they ask from them?
Thanks
It’s fine if you don’t have some or all P60s. There are number of other ways to show your economic activity. Remember, this is ILR not HSMP extension. Nobody is calculating your points this time. You can show past payslips, past bank statement or letters/contracts from previous employments with your salary mentioned on it. You should also take all other relevant documents related to your previous category/ies (if the category/ies are being considered for your ILR application) If you have your own company since your HSMP, take copies of 363s with you or contact your accountant for this.

Second question, they will contact HSMP team with your HSMP ref. number to run query and the HSMP team replies with some more ref. numbers! They key-in those numbers in their system and get up to date record of your case.

Homeoffice has permission by law to contact Inland Revenue to know your earnings, but it is very complicated and lengthy process and may require a court order.

alina76
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Post by alina76 » Sat Mar 08, 2008 3:56 pm

Thanks pathway .

global gypsy
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Post by global gypsy » Sat Mar 08, 2008 5:29 pm

I haven't quite understood on what basis people here often state that you need to show just the last 3 months' salary slips/bank statements.

Item 9F in the SETO form (the one to be used to apply for ILT from HSMP/workpermit) says:
If you are applying under the Highly Skilled Migrant Programme (HSMP), and have completed, or nearly completed, 5 years’ leave in this category or other appropriate categories, you must provide:
Document(s) showing your economic activity and your personal earnings during your stay in the UK, if you are employed. If you are self-employed, you should provide evidence of the progress of the business. You may have been given leave to enter or remain in other categories leading to settlement before being granted permission to stay under HSMP. If you would like this stay to be considered in connection with your application for indefinite leave to remain, you should provide
details of the categories involved and the periods spent in each of these categories.
Life is what happens when you are busy making other plans

global gypsy
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Post by global gypsy » Sat Mar 08, 2008 5:37 pm

leondj wrote:I am doing the application in person next Friday the 14th. I am writing the life in the UK test tomorrow, so it's all getting a bit close now.
The SETO guidance note states the following:
"If you wish to make your application for indefinite leave to remain in the UK in person at a public enquiry office, please allow at least 2 weeks between passing the test and the date of your appointment."
You may wish to keep this instruction in mind when you set up the appointment.
Life is what happens when you are busy making other plans

Pathway
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Post by Pathway » Sun Mar 09, 2008 11:35 am

global gypsy wrote:
leondj wrote:I am doing the application in person next Friday the 14th. I am writing the life in the UK test tomorrow, so it's all getting a bit close now.
The SETO guidance note states the following:
"If you wish to make your application for indefinite leave to remain in the UK in person at a public enquiry office, please allow at least 2 weeks between passing the test and the date of your appointment."
You may wish to keep this instruction in mind when you set up the appointment.
On experience basis. Now, about life in the UK test, My wife passed the test just a day (19 hours ago to be precise) before our appointment. They had her score and everything. The Home Office says this things to regulate flow of applications.

leondj
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Post by leondj » Mon Mar 10, 2008 9:12 am

On experience basis. Now, about life in the UK test, My wife passed the test just a day (19 hours ago to be precise) before our appointment. They had her score and everything. The Home Office says this things to regulate flow of applications.
That sure is good news. Thanks Pathway! I made my life in the UK test on Saturday so everything is set for this Friday. Wow only 5 minutes to make a decision! Excellent.

Documents I have so far are:

- Banks statements for last 2 years (HSMP time)
- Comany bank statements & invoices for past 2 years.
- Company certificate of incorportaion
- Comany Financial statements for year ending April 07
- Letter from my limited company stating I am working for them.
- Payslips for previous (work permit) employment. 2 years
- Company correspondance from HMRC
- HSMP & Work Permit approval letters from home office
- 2 Passports
- Applicatiom with 2 photos

Do you think I also need the following:

- Payslips for me from my limited company. I don't have any at the moment so would need to create them. Do I show divident payments and expenses on these payslips?
- Contracts between my limited company and agency?
- Tenancy Agreement?
- Divident declaration forms?
- Letter stating my current contract will be renewed in April from my agency?

Anything else that might be useful? Sounds to me like it is better to take more documents rather than less. They might not go through it all, but as long as you got it filed neatly they can decide what they want to look at? Or will it look to "desperate" if you take too many documents?

Also the letter from my limited company. What should it say? That I am an employee of the company? Director of the company? And that I will continue to work for the company?

alina76
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Post by alina76 » Mon Mar 10, 2008 6:47 pm

Hi pathway,

according to u we must take a letter from our employer even if we r applying ILR under HSMP. what should be the wording of that letter ? I mean is it just to confirm the employment or something else aswell.

thanks

Pathway
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Post by Pathway » Tue Mar 11, 2008 5:31 pm

leondj wrote:

That sure is good news. Thanks Pathway! I made my life in the UK test on Saturday so everything......
That should be enough. If you don't have payslips, there are some accountants who can make them for you. Take all the documents with you and only give them necessary ones first and give additional if they ask.

Pathway
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Post by Pathway » Tue Mar 11, 2008 5:35 pm

alina76 wrote:Hi pathway,

according to u we must take a letter from our employer even if we r applying ILR under HSMP. what should be the wording of that letter ? I mean is it just to confirm the employment or something else aswell.

thanks
See Below

To,
The Case Officer
BIA - Home Office

Re: ILR application for (your name)


Dear Sir/Madam,

This is regarding our employee (your name)’s application for indefinite leave to remain in the UK. He/She has been working as an (your post) with us since (your start month, year). He/She is a diligent and valued member of staff and will be employed by us for a foreseeable future.

or

This is regarding our employee (your name)’s application for indefinite leave to remain in the UK. He/She has been working as an (your post) with us since (your start month, year). He/She is a diligent and valued member of staff and his/her employment will be continued with us.



We kindly request you to grant his/her application for indefinite leave to remain in the UK.

Should you have any queries please don’t hesitate to contact us.

Yours Sincerely

alina76
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Post by alina76 » Tue Mar 11, 2008 6:20 pm

thanks pathway.

leondj
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Post by leondj » Wed Mar 12, 2008 9:15 am

Cheers Pathway!

Just 2 (hopefully) last questions.

1. Is it neccesary to provide payslips from my limited company to me for the past 2 years?
2. Regarding the letter format you mentioned above. Should this be a letter from my limited company to me. So effectively I will be writing a letter from me about me? Does that make sense?

Pathway
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Post by Pathway » Thu Mar 13, 2008 11:30 am

leondj wrote:Cheers Pathway!

Just 2 (hopefully) last questions.

1. Is it neccesary to provide payslips from my limited company to me for the past 2 years?
2. Regarding the letter format you mentioned above. Should this be a letter from my limited company to me. So effectively I will be writing a letter from me about me? Does that make sense?
Then you can take your contract agreement with your agency and all the relevant paperwork from the Companies House. But take your statement or payslips as well. By the way, what nationality are you?

leondj
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Post by leondj » Thu Mar 13, 2008 12:32 pm

By the way, what nationality are you?
South African. I think I am all set now. Thanks again for all the help on the forum and wish me luck for tomorrow!

vinay shanthi
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Changes to Immigration Rules -leave to remain and settlement

Post by vinay shanthi » Thu Mar 13, 2008 10:56 pm

http://www.bia.homeoffice.gov.uk/siteco ... ationrules

Changes to the Immigration Rules - leave to remain and settlement
13 March 2006

edit: please ignore this link. i thought it said 13 mar 2008. later realised the mistake. thought it was a new update

leondj
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Post by leondj » Sat Mar 15, 2008 9:46 am

Denied!

Luckily I was shown away by the "bouncers" downstairs and never made it upstairs where the payment is taken. However I am still NOT a happy camper!

The reason was that the results from my "life in the UK" test had not reached the home office system yet! I know they mention in the guidance notes you should wait 2 weeks before applying, but I never thought that to be an issue. I mean you write the test on a computer so everything should be automated and the results automatically submitted to the home office. The guy at the home office says it is because the centre has not submitted the results yet, however I spoke with the lady at the test centre and she says the home office sets up the complete system for them and they do not need to do anything manually after the tests had been completed. So where can the delay come in!!!? I can not believe that such a simple system can be so badly implemented! And it has to be a new system as the tests have only been around for a year odd now.

The problem is my current HSMP Visa is expiering very soon and I am flying to South Africa on Thursday next week. So I have made another appointment for Wednesday. I just hope the results have reached them by then. It would be 8 working days then and still not 2 weeks but I have to try. I will phone them up on Tuesday and see if the results have reached the home office yet.

Wish me luck!

Gutted

Pathway
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Post by Pathway » Wed Mar 19, 2008 2:45 pm

leondj wrote:Denied!

Luckily I was shown away by the "bouncers" downstairs and never made it upstairs where the payment is taken. However I am still NOT a happy camper!

The reason was that the results from my "life in the UK" test had not reached the home office system yet! I know they mention in the guidance notes you should wait 2 weeks before applying, but I never thought that to be an issue. I mean you write the test on a computer so everything should be automated and the results automatically submitted to the home office. The guy at the home office says it is because the centre has not submitted the results yet, however I spoke with the lady at the test centre and she says the home office sets up the complete system for them and they do not need to do anything manually after the tests had been completed. So where can the delay come in!!!? I can not believe that such a simple system can be so badly implemented! And it has to be a new system as the tests have only been around for a year odd now.

The problem is my current HSMP Visa is expiering very soon and I am flying to South Africa on Thursday next week. So I have made another appointment for Wednesday. I just hope the results have reached them by then. It would be 8 working days then and still not 2 weeks but I have to try. I will phone them up on Tuesday and see if the results have reached the home office yet.

Wish me luck!

Gutted
Very sorry to hear that. According to our test centre in East London, the test results are submitted with a matter of minutes. Anyway, Best of luck for the next one

leondj
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Post by leondj » Thu Mar 20, 2008 10:13 am

GOT IT!

I am soooo relieved! Thanks for the help of eveyone on this forum especially pathway.

I got there at about 8am. They let me in by about 8:30. Checked all the documents on the ground floor and sent me upstairs for payment. Then they called my number almost emediately and at 9:30 my ILR had been approved and I should pick up my passport in an hour or two.

I would advise anyone not sure about the test results to phone the home office the day before to confirm they have in fact received the results from the test centre. And try and ge the 9:00 am appointments as they are really quick.

Cheers,

Leon

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