Please advice....totally confused!!

[Jas78]

Hello,

I will be applying for ILR this July after completing 5 years continuous stay in UK made up of leave as Tier 1,HSMP and WP.
I arrived in the UK in 2005 as a WP holder,being on deputation by my parent Indian Company.
I then got a HSMP in Dec 2007 and quit my Indian Company in Jan 2008 and secured a job with a UK employer in April 2008.
Subsequently I got extension and Tier 1 status in 2009.

Since I will be applying for ILR under Section 9L,(current leave as Tier 1 Migrant) my query is related to this.
There are 2 points mentioned in Section 9L
First one being....
"Evidence that you are economically active in the UK in employment or self-employment or both. The evidence should take the form of documents showing your personal earnings (if you are employed) or business accounts (if you are self-employed)."

---- In this case,do I have to show my last 3 months payslips and Bankstatements or will I have to show all the 5 Yrs earnings from the time ever since I entered into UK as a Work Permit holder. It is not clear from this statement as to for how long they want to see the personal earnings evidence....I presume it is maximum 6 months,because They have already checked my previous earnings and granted me Tier 1,HSMP and FLR(IED).

Second point......
"For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."
------
What I understood from this is that I have to show my WP letters,subsequent FLR's received from Home Office, and HSMP and latest Tier 1 letters received from the home office.Will this be sufficient.???


Any information with regards to this will be greatly appreciated.
Awaiting your response.
Many Thanks,
Jas

[shs213]

Hello,


First one being....
"Evidence that you are economically active in the UK in employment or self-employment or both. The evidence should take the form of documents showing your personal earnings (if you are employed) or business accounts (if you are self-employed)."

---- In this case,do I have to show my last 3 months payslips and Bankstatements or will I have to show all the 5 Yrs earnings from the time ever since I entered into UK as a Work Permit holder. It is not clear from this statement as to for how long they want to see the personal earnings evidence....I presume it is maximum 6 months,because They have already checked my previous earnings and granted me Tier 1,HSMP and FLR(IED).

All 5 P60s...

If you dont have all of them, not the end of the world - search the forum a bit you will see some useful tips...

Point 2 - original WP issued letter would be fine I think.... await for seniors to confirm...

[geriatrix]

Prepare for the worst and hope for the best.

1. P60 / payslips .. covering all 5 years.
2. WP letter, HSMP approval letter, Tier 1 (General) approval - switching and/or extension.

regards

[Jas78]

Hello sushdmehta,

Thanks for the quick reply. There is a problem with 5 yrs P60/Payslips as I do not have these for all 5 years.

For the year August 2005 -May 2006 (10 months), I have my Ex-employer's deputation letter, which clearly states that I came to UK on deputation and states my allowance.

I was not issued any P60 during my deputation period and it is highly unlikely that I will be able to get P60's for those years now from TCS.

However, I have all the Bank Statements till date, including this period (2005, 2006). ,These statements clearly show the allowance pay credited by Tata Consultancy Services into my bank account with a statement entry "TataConsultancyServices".

I have also checked with HMRC,if I can get a Tax summary for 2005 and 2006, but unfortunately they don't have any records as it was a case of Intra Company Transfer.So this option is also ruled out

Hence my query is, will the following documentation be sufficient to show that I was economically active:

1. Year 1: Deputation Letter issued in 2005 and bank statements of 2005.

2. Year 2: Salary Slips from June'2006 to December'2006

3. Year 3: Salary Slips from Jan'2007 till Oct'2007

4. Year 4: Salary Slips from May'2008 and P60 for 2008 from current employer

5. Year 5: All Salary Slips from Jan 2009 till date and P60 for 2009 from Current employer.

[geriatrix]

Since you don't have a choice, you'll have to do with what is available with you.


regards

[Jas78]

Hello sushdmehta,

Thanks again for the quick response. I am a bit nervous with your response. Does it mean that it can reduce the chances / make my case weaker?

Will the documentation that I have not be acceptable? Do you have any tips on how I can perhaps make it stronger by means of say a covering letter mentioning the year-wise documentation. I will be applying in person so will I have a chance to explain?

Awaiting your response.

Regards,
Jas

[shs213]

Hello sushdmehta,

Thanks again for the quick response. I am a bit nervous with your response. Does it mean that it can reduce the chances / make my case weaker?

Will the documentation that I have not be acceptable? Do you have any tips on how I can perhaps make it stronger by means of say a covering letter mentioning the year-wise documentation. I will be applying in person so will I have a chance to explain?

Awaiting your response.

Regards,
Jas

I assume you have all the paper work to support you WP/tier#1 and you are only worried about the payslips p60s?

what you can do is, get bank statments for the last 5 years... this might be way too much, but better to be safe than sorry....

then go with the payslips, you can show payslips + bank statments to show your economic activity during this period... try not to go in to too detail about losing p60, inter co transfer etc...

I personally think you will be OK, thy want to make sure you are working and not someone who's exploited a loop hole or something... IMHO!

[Jas78]

Hi shs213,

Thanks for your reply but my problem is that for the period from Jul-2005 till May-2006 I neither have payslips nor P60...

Regards,
Jas

[shs213]

Hi shs213,

Thanks for your reply but my problem is that for the period from Jul-2005 till May-2006 I neither have payslips nor P60...

Regards,
Jas

if its any consolation, i am applying for my ILR in 3 weeks...

I too dont have the payslips + P60 for the first year... I requested copies of my bank statements for the 1yr to show them that i was in paid employment...

as you were on WP in the first year, you will have the WP letter to show you were employed.

Its not ideal, but i am sure people lose p60, payslips etc....

i am going with my last 3 P60s, bank statements for the 1st YR and last 6 months bank statements + payslips... letter from current employer...

like you, I too have gone through visa changes and i fyou really think about it, everytime you change visa they check your economic activites before issuing any visa...

does this help?

[geriatrix]

Any document(s) proving your economic activity during the last 5 years should be acceptable (bank statements, salary slips, P60).

regards

[Sun1203]

Hi shs213,

Thanks for your reply but my problem is that for the period from Jul-2005 till May-2006 I neither have payslips nor P60...

Regards,
Jas

if its any consolation, i am applying for my ILR in 3 weeks...

I too dont have the payslips + P60 for the first year... I requested copies of my bank statements for the 1yr to show them that i was in paid employment...

as you were on WP in the first year, you will have the WP letter to show you were employed.

Its not ideal, but i am sure people lose p60, payslips etc....

i am going with my last 3 P60s, bank statements for the 1st YR and last 6 months bank statements + payslips... letter from current employer...

like you, I too have gone through visa changes and i fyou really think about it, everytime you change visa they check your economic activites before issuing any visa...

does this help?

Hi,
This is exactly what my situation is as well.
It will be very helpful if you let us know the outcome of your application... wish you all the very best for it mate.

Thanks