ILR tricky, gap in P60-delayed WP transfer.Please help!!

[bhuv]

Hi all, Please read below and advice me should I go forward with ILR application this year?

I have worked for the same employer since october 2003. I came to uk as a dependent of my father. In september 2005 he went to back home, and my employer got me a work permit. Although, He made this in the name of his another company and paid me salary slips on that company till March 2007.
In April my employer sold the company(which issued my WP) and informed me that he will ASAP apply for my work-permit transfer to the base company. This process took much longer than expected, finally my WP was stamped in december 2007. So, my P60 for 2007/2008 only shows me paying tax from Jan-March 2008.
In March 2009, I switched my visa to Tier 1 valid till March 2012. I have got perfect P60s for all the other years.

[senthil78]

Hi all, Please read below and advice me should I go forward with ILR application this year?

I have worked for the same employer since october 2003. I came to uk as a dependent of my father. In september 2005 he went to back home, and my employer got me a work permit. Although, He made this in the name of his another company and paid me salary slips on that company till March 2007.
In April my employer sold the company(which issued my WP) and informed me that he will ASAP apply for my work-permit transfer to the base company. This process took much longer than expected, finally my WP was stamped in december 2007. So, my P60 for 2007/2008 only shows me paying tax from Jan-March 2008.
In March 2009, I switched my visa to Tier 1 valid till March 2012. I have got perfect P60s for all the other years.

Your case is slightly confusing. Did you have valid leave to remain during your WP transfer? were you paid during your WP transfer?

[bhuv]

Sorry for incomplete info.
Long story:
My employer owned 2 companies. I have worked in company 1 since october 2003. In september 2005, when I could no longer continue as a dependant of my father, my employer offered to apply for a work permit for me. So he applied work-permit for me but in the name of company 2, which was issued for 5 years starting in 2005. I continued working in company 1 with the official play slips and tax record from company 2. This was not a problem as the HR for both companies was same, also i was assured that this mistake would soon be sorted out and my WP wil be transferred to company 1.

Now in march 2007, company 2 was sold off. So my employer offered to transfer my WP to company 1 ASAP, where i had been working all along. So I accepted, and waited in the meantime i was not given any payslips only cash payment.
After some months of waiting I called the concerned lawyer myself and found that the employer never applied for the WP. When confronted the HR people said it was a mistake, and talked to the lawyer in front of me to begin my WP application. So my application was finally made in Nov 2007 and my passport stamped in december 2007. This work permit was again for 5 years.
In March 2009, i changed my visa to tier 1. So to cut a long story short, my tax record is fine for all 5 years except april-december 2007.Visa summary:
dependent visa-oct 2003- september 2005(worked for company 1)
WP 1- september 2005 -september 2010 (company 2)
WP 2- december 2007 - december 2012(company 1)
Tier 1 - march 2009 - march 2012.(still with company 1)

Should i apply for ILR in september 2010?? Please reply

[senthil78]

Sorry for incomplete info.
Long story:
My employer owned 2 companies. I have worked in company 1 since october 2003. In september 2005, when I could no longer continue as a dependant of my father, my employer offered to apply for a work permit for me. So he applied work-permit for me but in the name of company 2, which was issued for 5 years starting in 2005. I continued working in company 1 with the official play slips and tax record from company 2. This was not a problem as the HR for both companies was same, also i was assured that this mistake would soon be sorted out and my WP wil be transferred to company 1.

Now in march 2007, company 2 was sold off. So my employer offered to transfer my WP to company 1 ASAP, where i had been working all along. So I accepted, and waited in the meantime i was not given any payslips only cash payment.
After some months of waiting I called the concerned lawyer myself and found that the employer never applied for the WP. When confronted the HR people said it was a mistake, and talked to the lawyer in front of me to begin my WP application. So my application was finally made in Nov 2007 and my passport stamped in december 2007. This work permit was again for 5 years.
In March 2009, i changed my visa to tier 1. So to cut a long story short, my tax record is fine for all 5 years except april-december 2007.Visa summary:
dependent visa-oct 2003- september 2005(worked for company 1)
WP 1- september 2005 -september 2010 (company 2)
WP 2- december 2007 - december 2012(company 1)
Tier 1 - march 2009 - march 2012.(still with company 1)

Should i apply for ILR in september 2010?? Please reply

If you would have been only in WP status for 5 years, you will not be required to provide P60. But now you will be asked to provide P60 for all 5years since you moved to Tier 1. your case is not straightforward, My bes advise is to seek professional help to present your case properly. If you think that you want try on your own, my advise is, get a proper letter from your employer to take the blame on their shoulder and nothing was your fault. Also explain the effort that you took to get your WP changed and attach any evidence if you have. Also ask your employer to include the reason for paying salary in cash during your WP transfer. Your employer letter is very very important and should have all the details. The letter should highlight that the delay was their fault and it was out of your control.

[Hope2007]

thats interesting senthil78...are you saying , if you have worked for one employer for a Continues 5 year, you dont need to provide p60s....is that right? where did you find that from ?

can someone correct this ?

thanks

[senthil78]

thats interesting senthil78...are you saying , if you have worked for one employer for a Continues 5 year, you dont need to provide p60s....is that right? where did you find that from ?

can someone correct this ?

thanks

I didn't say that. Read my post properly. I said that if you have been only on WP for 5 years, you no need to provide P60. Your WP document itself is the proof of that you were employed for all 5 years and been economically active. For HSMP or combination of HSMP and WP, you need to provide P60 to prove that you were economically active for all 5 years. Refer SET(O) form for WP holder.

[Hope2007]

that is what i am wondering about ...if you are with an employer under workpermit for 5 years, you dont need to show p60...this is what you are saying i guess....

where did you get this from ?

[senthil78]

that is what i am wondering about ...if you are with an employer under workpermit for 5 years, you dont need to show p60...this is what you are saying i guess....

where did you get this from ?

I don't think that you have to guess and that is what in my post. Read my post properly and the answer for your question is in my previous post. Also I was on WP and got my ILR without P60 as it was not asked for WP holder.

[geriatrix]

Reading this topic will help.


regards

[Hope2007]

thanks senthil78 & sushdmehta. I though, they wanted to see all p60 irrespective of how many wp you had in the past...thanks again

[BUffet]

I came to UK in July 2005 on work permit. I managed to get contract only for 2 month during september 2005 and Feb 2006, During this period my employer did not run my pay roll. He issued me P60 only with tax amount paid as 64 pounds. Though once they had paid into my bankd account 2000 pounds res of the time they had been paying for my rent.

I changed employment during 2006-2007 and I received only P45 and not P60.

During 2007-2008. I had employer who did not pay NI and Tax. HMRC had confirmed to me in writing about that.

but I have got bank statement and salary slips to show. that I had been earning money during period 2007-2008.
Please advise me what should I do for the period for which tax amount paid is being shown only as 64 and total earnings for the year 2005-2006 as 764.