ILR application, no Payslips or P60 for the first year.

[raghu_tallam]

Dear friends,
I would greatly appreciate if anyone can help with my case as explained below.

I came to the UK on Work Permit in 2006. My company used to pay full salary & taxes in India during this time. I just used to receive living allowance (per diem) in the UK, so I understand they may have not paid any Taxes or NI in the UK. As a consequence I received no Payslips / P45 / P60 for this time.

I read several other threads in the forum, where users posted similar experiences, some of them mentioned - it's common practice to receive the living allowance while onsite in the UK for up to 2 years, this model is sometimes called intra-company transfer (not entirely sure the difference between Work Permit & Intra-company transfer); some other users mentioned that the company would have paid a fixed set amount of tax to the HMRC etc for this duration, but I have no proof of that. Moreover I did neither find any documented evidence that the above practice is legal, nor do the users who posted those threads indicated if they succeeded with their ILRs.

Key dates:
- Came to the UK on Work Permit in Feb-2006.
- Converted to HSMP in Nov-2006, but continued with the work permit company until May-2007.
- Renewed to Tier1 (General) in Nov-2008.
- Current Leave To Remain until Nov-2011.
- Eligible for ILR in Jan-2011 (4 years 11 months).

Documents I possess for ILR:

- Three years P60s for 2007-08, 2008-09, 2009-10.
- All 5 years bank statements.
- Home office Work Permit / HSMP / Tier1 documents.
- Payslips from May-2007.

Questions:
1. Is it safe to go for ILR in Jan-2011 without P60s for 2005-06 (Feb, Mar, Apr-06), 2006-07 ?
2. Or should I wait until May-2011 to receive P60 for 2010-11 and then apply for ILR? (Going with Four P60s may be better than three)
3. Or should I wait until Nov-2011 and apply for ILR purely based on HSMP & Tier1?
4. Does anyone know if the above practice used by several work permit companies is legal? Where can I find the information about the 2 yrs no taxes /NI rules?
5. Does anyone with similar experience (Onsite in the UK; Work Permit and no P60s), actually received ILR? How did you manage to convince the case worker?
6. Would it be helpful if I can contact my work permit employer and ask for P60s for the missing years?
7. Would it make any sense contacting HMRC to ask if such a practice is legal?
8. Or would HMRC accept if I am willing to pay tax for the duration I was on work permit?
9. Would it be of any help talking to immigration advisers like workpermit.com regarding my case?

It would be grateful if anyone can answer at least some of the above queries.

Kind regards
Raghu

[raghu_tallam]

I understand these may be some of the complex questions posted in this forum, but any inputs into my case would be greatly appreciated.

[raghu_tallam]

It's surprising no one on this forum is able to help me with info!

[Markie]

Dear friends,
I would greatly appreciate if anyone can help with my case as explained below.

I came to the UK on Work Permit in 2006. My company used to pay full salary & taxes in India during this time. I just used to receive living allowance (per diem) in the UK, so I understand they may have not paid any Taxes or NI in the UK. As a consequence I received no Payslips / P45 / P60 for this time.

I read several other threads in the forum, where users posted similar experiences, some of them mentioned - it's common practice to receive the living allowance while onsite in the UK for up to 2 years, this model is sometimes called intra-company transfer (not entirely sure the difference between Work Permit & Intra-company transfer); some other users mentioned that the company would have paid a fixed set amount of tax to the HMRC etc for this duration, but I have no proof of that. Moreover I did neither find any documented evidence that the above practice is legal, nor do the users who posted those threads indicated if they succeeded with their ILRs.

Key dates:
- Came to the UK on Work Permit in Feb-2006.
- Converted to HSMP in Nov-2006, but continued with the work permit company until May-2007.
- Renewed to Tier1 (General) in Nov-2008.
- Current Leave To Remain until Nov-2011.
- Eligible for ILR in Jan-2011 (4 years 11 months).

Documents I possess for ILR:

- Three years P60s for 2007-08, 2008-09, 2009-10.
- All 5 years bank statements.
- Home office Work Permit / HSMP / Tier1 documents.
- Payslips from May-2007.

Questions:
1. Is it safe to go for ILR in Jan-2011 without P60s for 2005-06 (Feb, Mar, Apr-06), 2006-07 ? YES
2. Or should I wait until May-2011 to receive P60 for 2010-11 and then apply for ILR? (Going with Four P60s may be better than three) its ok to have the previous year
3. Or should I wait until Nov-2011 and apply for ILR purely based on HSMP & Tier1? not required as you have continuity WP/HSMP/T1
4. Does anyone know if the above practice used by several work permit companies is legal? Where can I find the information about the 2 yrs no taxes /NI rules? better check HMRC website.
5. Does anyone with similar experience (Onsite in the UK; Work Permit and no P60s), actually received ILR? How did you manage to convince the case worker? support your claim with payslips/bank statements9for the current year) and P60s for the rest
6. Would it be helpful if I can contact my work permit employer and ask for P60s for the missing years?
7. Would it make any sense contacting HMRC to ask if such a practice is legal?
8. Or would HMRC accept if I am willing to pay tax for the duration I was on work permit?
9. Would it be of any help talking to immigration advisers like workpermit.com regarding my case?

It would be grateful if anyone can answer at least some of the above queries.

Kind regards
Raghu

[smkamran]

If your company applied for WP mentioning that you will still be paid in india and you will be only based in UK than u r fine. However, if that is not the case then thats considered illegal.

Usually WP letter mentions your employment situation i.e. intra-company.. Please read the letter ...

If u see problem there than apply after May 2011, counting from the day you start reciving salary in UK.

[raghu_tallam]

Thanks for the smkamran. I can't find anything on WP letter about intra-company transfer.

[smkamran]

to be on safe side apply when you have 5 year UK pay history or check with your HR or even solicitor (if u want to apply early).

[umbala]

Hi guys please help. My interview is tomorrow. I'm applying as a 5year work permit holder but i've lost 2 out of 5 of my P60s...I'm hoping this wouldn't be too much of a problem because nowhere on the form did they ask for P60s? Should I be worried? Thank you in advance

[raghu_tallam]

Dear Umbala
Good luck for your ILR. As it's tommorrow only, there is nothing much you can do now. I would suggest, be prepared with an answer if they do ask about the missing P60s. Let me know how it goes.

[ChetanOjha]

Hi Raghu,

Assuming you have all your WP letters with you [from the moment you land in UK till date], you will be fine as it shows legal continuity of your residence in UK. Besides, HO may not ask you for all P60(i was not asked) if you can show that you have legally spent 5 years in UK i.e. have all corroborated WP letters. Normally, people do present employer letter confirming duration of stay(or work) in UK for the missing period. But since your interview is tomorrow, you can ask HO to confirm your employment with your company preferrably by calling your HR department. Your HR will be able to confirm your employment for first 2 years and for rest of the period you already have P60.

Hopefully, it will be go smooth. If I were caseworker and could use some common sense, I will not deny ILR in this case as most of the Indian companies follow this practise. In fact, my company did the same, but somehow provided P60 for the period(which was not the case for all employees).

Hi guys please help. My interview is tomorrow. I'm applying as a 5year work permit holder but i've lost 2 out of 5 of my P60s...I'm hoping this wouldn't be too much of a problem because nowhere on the form did they ask for P60s? Should I be worried? Thank you in advance

[ChetanOjha]

Key dates:
- Came to the UK on Work Permit in Feb-2006.
- Converted to HSMP in Nov-2006, but continued with the work permit company until May-2007.
- Renewed to Tier1 (General) in Nov-2008.
- Current Leave To Remain until Nov-2011.
- Eligible for ILR in Jan-2011 (4 years 11 months).

Documents I possess for ILR:

- Three years P60s for 2007-08, 2008-09, 2009-10.
- All 5 years bank statements.
- Home office Work Permit / HSMP / Tier1 documents.
- Payslips from May-2007.

Questions:
1. Is it safe to go for ILR in Jan-2011 without P60s for 2005-06 (Feb, Mar, Apr-06), 2006-07 ? Yes you can go without P60. Just get a letter from your employer confirming your employment during that period. P60 are used only to make sure you were employed during the period
2. Or should I wait until May-2011 to receive P60 for 2010-11 and then apply for ILR? (Going with Four P60s may be better than three) If you can show continutiy for 5 years you don't have to wait
3. Or should I wait until Nov-2011 and apply for ILR purely based on HSMP & Tier1?Same and 1 and 2 above.
4. Does anyone know if the above practice used by several work permit companies is legal? Where can I find the information about the 2 yrs no taxes /NI rules? Many companies does that. It is not illegal but i think it is just a loophole in the system.

5. Does anyone with similar experience (Onsite in the UK; Work Permit and no P60s), actually received ILR? How did you manage to convince the case worker? I got in the similar. I have lost one P60 for the second year in UK. I presented letter form company which proved that I was in UK and was in employment
6. Would it be helpful if I can contact my work permit employer and ask for P60s for the missing years?You can ask for P60. If your employer is paying taxes he must give you P60
7. Would it make any sense contacting HMRC to ask if such a practice is legal? You can call them and ask.
8. Or would HMRC accept if I am willing to pay tax for the duration I was on work permit?It should have been paid while you were earning. Also it is a primarily responsibility of your then employer to pay taxes for you.
9. Would it be of any help talking to immigration advisers like workpermit.com regarding my case? You can always take help from solicitors.

It would be grateful if anyone can answer at least some of the above queries.

Kind regards
Raghu

[raghu_tallam]

Thank you very much, chetanojha. These answers will defintely help better prepare for my ILR.

I will try getting the letter from my previous employer for work permit duration. In the worst case, I do have all 5 years bank statements proving that the living allowance is paid into my account. I also have all payslips in INR & tax returns paid in India. Once again thanks a lot for your time.

[raghu_tallam]

Dear friends,
I would greatly appreciate if anyone can help with my case as explained below.

I came to the UK on Work Permit in 2006. My company used to pay full salary & taxes in India during this time. I just used to receive living allowance (per diem) in the UK, so I understand they may have not paid any Taxes or NI in the UK. As a consequence I received no Payslips / P45 / P60 for this time.

I read several other threads in the forum, where users posted similar experiences, some of them mentioned - it's common practice to receive the living allowance while onsite in the UK for up to 2 years, this model is sometimes called intra-company transfer (not entirely sure the difference between Work Permit & Intra-company transfer); some other users mentioned that the company would have paid a fixed set amount of tax to the HMRC etc for this duration, but I have no proof of that. Moreover I did neither find any documented evidence that the above practice is legal, nor do the users who posted those threads indicated if they succeeded with their ILRs.

Key dates:
- Came to the UK on Work Permit in Feb-2006.
- Converted to HSMP in Nov-2006, but continued with the work permit company until May-2007.
- Renewed to Tier1 (General) in Nov-2008.
- Current Leave To Remain until Nov-2011.
- Eligible for ILR in Jan-2011 (4 years 11 months).

Documents I possess for ILR:

- Three years P60s for 2007-08, 2008-09, 2009-10.
- All 5 years bank statements.
- Home office Work Permit / HSMP / Tier1 documents.
- Payslips from May-2007.

Questions:
1. Is it safe to go for ILR in Jan-2011 without P60s for 2005-06 (Feb, Mar, Apr-06), 2006-07 ? YES
2. Or should I wait until May-2011 to receive P60 for 2010-11 and then apply for ILR? (Going with Four P60s may be better than three) its ok to have the previous year
3. Or should I wait until Nov-2011 and apply for ILR purely based on HSMP & Tier1? not required as you have continuity WP/HSMP/T1
4. Does anyone know if the above practice used by several work permit companies is legal? Where can I find the information about the 2 yrs no taxes /NI rules? better check HMRC website.
5. Does anyone with similar experience (Onsite in the UK; Work Permit and no P60s), actually received ILR? How did you manage to convince the case worker? support your claim with payslips/bank statements9for the current year) and P60s for the rest
6. Would it be helpful if I can contact my work permit employer and ask for P60s for the missing years?
7. Would it make any sense contacting HMRC to ask if such a practice is legal?
8. Or would HMRC accept if I am willing to pay tax for the duration I was on work permit?
9. Would it be of any help talking to immigration advisers like workpermit.com regarding my case?

It would be grateful if anyone can answer at least some of the above queries.

Kind regards
Raghu

Sorry I did not notice the answers as it was in the same colour. Thanks for your answers Markie. It makes me defintely feel confident going for ILR in Jan-2011.

[senthil78]

Dear friends,
I would greatly appreciate if anyone can help with my case as explained below.

I came to the UK on Work Permit in 2006. My company used to pay full salary & taxes in India during this time. I just used to receive living allowance (per diem) in the UK, so I understand they may have not paid any Taxes or NI in the UK. As a consequence I received no Payslips / P45 / P60 for this time.

I read several other threads in the forum, where users posted similar experiences, some of them mentioned - it's common practice to receive the living allowance while onsite in the UK for up to 2 years, this model is sometimes called intra-company transfer (not entirely sure the difference between Work Permit & Intra-company transfer); some other users mentioned that the company would have paid a fixed set amount of tax to the HMRC etc for this duration, but I have no proof of that. Moreover I did neither find any documented evidence that the above practice is legal, nor do the users who posted those threads indicated if they succeeded with their ILRs.

Key dates:
- Came to the UK on Work Permit in Feb-2006.
- Converted to HSMP in Nov-2006, but continued with the work permit company until May-2007.
- Renewed to Tier1 (General) in Nov-2008.
- Current Leave To Remain until Nov-2011.
- Eligible for ILR in Jan-2011 (4 years 11 months).

Documents I possess for ILR:

- Three years P60s for 2007-08, 2008-09, 2009-10.
- All 5 years bank statements.
- Home office Work Permit / HSMP / Tier1 documents.
- Payslips from May-2007.

Questions:
1. Is it safe to go for ILR in Jan-2011 without P60s for 2005-06 (Feb, Mar, Apr-06), 2006-07 ?
2. Or should I wait until May-2011 to receive P60 for 2010-11 and then apply for ILR? (Going with Four P60s may be better than three)
3. Or should I wait until Nov-2011 and apply for ILR purely based on HSMP & Tier1?
4. Does anyone know if the above practice used by several work permit companies is legal? Where can I find the information about the 2 yrs no taxes /NI rules?
5. Does anyone with similar experience (Onsite in the UK; Work Permit and no P60s), actually received ILR? How did you manage to convince the case worker?
6. Would it be helpful if I can contact my work permit employer and ask for P60s for the missing years?
7. Would it make any sense contacting HMRC to ask if such a practice is legal?
8. Or would HMRC accept if I am willing to pay tax for the duration I was on work permit?
9. Would it be of any help talking to immigration advisers like workpermit.com regarding my case?

It would be grateful if anyone can answer at least some of the above queries.

Kind regards
Raghu

I came to the uk on duptation from indian company (paid allowance in the uk and salary was paid in india) and had been with them initially 3 years on WP. I got my ILR based on 5 years WP. I didn't require p60 since applied based on 5 years WP. The problem for you is that you are applying in the combination wp & hsmp/tier 1 and you need p60 for last 5 years. The foreign company won't pay NI & Tax for 1st year and they have to pay NI & tax from 2nd year which is very minimum and not usual amount. There is something in HMRC that do not require to pay 1st year which you need to find out. I know that i got my p60 from 2nd year. You need to ask your HR else they won't give you like UK company. What I would say is try with the employer letter.

[umbala]

Thanks all for your help. My ILR application on friday was successful. They didn't ask me for anything, I just submitted the documents I had which was sufficient for them I guess.

My case was fairly straight forward:

Applying as work permit holder for 5 years
Lived in the UK for 9 years (4 as a student at University)
Documents handed: Letter from Employer (which the UKBA kept)
Letter showing when my work permit was granted (given to me by employer)
All passports
4 months pay slips
P60s (which I don't think was necessary)
Bank statements (which again I don't think was necessary because payslips already show how much you earn and you can keep yourself I guess) My bank statements were printed off the internet and stamped by the bank.

And that was it, waited 3hours every one nice and friendly and I was done with my passport handed back to me. Watched the Germany v Serbia match which was lively as we all oooed and arghed as we waited:-)

I wish everyone else good luck with applications etc.