ILR help - started working before an transfer of workpermit

[amit33_99]

Dear Sir,

I have been in Uk for last 6.5 years. I came here on WHM visa and got work permit in May 2006. My qualifying period is as below.

May 2006 - Jan 2006 Work permit
Jan 2007 - Jul 2008 Wrok permit transfer
Jul 2008 - to date Tier 1 (General)

I am eligible to apply for ILR in May 2011. I am bit worried and need your help. I started working for a company in Jan 2007 and got my work permit transfered in Feb 2007. So I actually started working before the transfer happened. How would that affect my ILR application? Am I eligible to apply or should I extend my Tier1 and wait for another 2 years..?

Many Thanks

[xyz123]

Dear Sir,

I have been in Uk for last 6.5 years. I came here on WHM visa and got work permit in May 2006. My qualifying period is as below.

May 2006 - Jan 2006 Work permit
Jan 2007 - Jul 2008 Wrok permit transfer
Jul 2008 - to date Tier 1 (General)

I am eligible to apply for ILR in May 2011. I am bit worried and need your help. I started working for a company in Jan 2007 and got my work permit transfered in Feb 2007. So I actually started working before the transfer happened. How would that affect my ILR application? Am I eligible to apply or should I extend my Tier1 and wait for another 2 years..?

Many Thanks

IMO If UKBA notices this than it will be a problem, as technically you are in breach of visa rules. if you want you can take the risk and see what happens.

[amit33_99]

I have managed to get a letter from my employer that I was working part-time during that period (20 hrs per week). Will that be okay?

As what I understand is, when you are on a workpermit, you are allowed to work elsewhere in same capacity for 20 hours per week.

[amit33_99]

anyone plz help...

[geriatrix]

I have managed to get a letter from my employer that I was working part-time during that period (20 hrs per week). Will that be okay?

Should be okay ... unless the caseworker wishes to verify the claims made or dig deep to ascertain if you really worked for only 20 hours.

And please be patient. People will respond if and when they wish to.


regards

[amit33_99]

Thank you so much.

Just a last question. Do you think it is good idea to skip the P60 for that year.. as that is the only document that mentions the date I started working in a company and put the payslips/bankstatements from february month instead... (skip the jan month... ) Just to recap.. I left my previous company in january. and joined the new compnay in jan.. but got workpermit transfered in feb..

Many thanks

[geriatrix]

IMHO, the more you try to hide the more suspicious a caseworker will be and the more digging he/she will do.

Provide adequate documentary evidence(s) as required under the type of application and covering the entire qualifying residential period. Your chances of success depend on this rather than hiding information that may otherwise be too easy to spot.


regards

[amit33_99]

I am getting more and more worried now. Do you think I should go through the solicitor to apply for ILR and not myselft?

recap:

"I was on work permit from company X. I got an offer from another company Y in December 2006. I gave notice in company X for one month and last day was 20th Jan. I started working in a new company on 22nd of Jan 2007. My workpermit was transfered (approved) on 7th of feb 2007 and visa stamped on 14th of Feb 2007."

[xyz123]

I am getting more and more worried now. Do you think I should go through the solicitor to apply for ILR and not myselft?

recap:

"I was on work permit from company X. I got an offer from another company Y in December 2006. I gave notice in company X for one month and last day was 20th Jan. I started working in a new company on 22nd of Jan 2007. My workpermit was transfered (approved) on 7th of feb 2007 and visa stamped on 14th of Feb 2007."

if you want you can but your circumstances do not changes. solicitor will not be able to somehow prove that you didnt work illegally.

[harold]

IMHO, the more you try to hide the more suspicious a caseworker will be and the more digging he/she will do.

Provide adequate documentary evidence(s) as required under the type of application and covering the entire qualifying residential period. Your chances of success depend on this rather than hiding information that may otherwise be too easy to spot.


regards

I agree with you

[harold]

I am getting more and more worried now. Do you think I should go through the solicitor to apply for ILR and not myselft?

recap:

"I was on work permit from company X. I got an offer from another company Y in December 2006. I gave notice in company X for one month and last day was 20th Jan. I started working in a new company on 22nd of Jan 2007. My workpermit was transfered (approved) on 7th of feb 2007 and visa stamped on 14th of Feb 2007."

if you want you can but your circumstances do not changes. solicitor will not be able to somehow prove that you didnt work illegally.

solicitor are rip of! you get all the answer from here than a solicitor.

[amit33_99]

Thank you for your answers.

I did not know that I am doing anything illegal at the time of joining the comp. I submittedall the docs they asked well before starting the job, even my employer had.no idea because it was the first wp for them...

Instead of applying for ILR, can I extend my Tier1 and wait for another Two years

Thank you

[amit33_99]

Does the five years tax history from HMRC contains details like start and end date of the employment? Has anyone got a format of a tax history from HMRC.

i am still worried that if I show that P60, my visa may get rejected..

Thank you

[geriatrix]

Does the five years tax history from HMRC contains details like start and end date of the employment?

IMHO, HMRC documents will show "tax" related information..... not "your employment details" related information.

Has anyone got a format of a tax history from HMRC.

Search the forum, there're posts indicating these details and also how to request for such documents.

regards

[rajivilr]

Hi Amit,

I just requested my tax history from hmrc today but i dont know what is in it and what not but i think it might have name of the employers as they asked me who did you work for earlier. In my case it was the same company but a different name which i did inform home office about, and that is all but i am hoping that they dont mention the dates.

Raj

[amit33_99]

Hi Rajiv,

Have you received your TAX history from HMRC yet? If so, could you plesae tell me what information does it contains and if there is start and end date of employment in it or not...

Thank you...

[geriatrix]

My query is regarging 5 years of continuous lawful residence. My details are as follows..

1. Comp 1 WP 12/05/2006 - 11/05/2006 - Entered UK on 29/05/2006
2. Left Comp 1 on 19/01/2007 Got 5 years WP from COMP 2 on 06/02/2007 and stamped on 13/02/2007.

My 5 years completes on 29/05/2011 but I would like to know if I have overstayed between 19/01/2007 & 06/02/2007 which is almost 3 weeks and hence not eligible of ILR . I did not receive any letter from HO regarding my stay after I left COMP 1.

Many thanks...

1. Comp 1 WP 12/05/2006 - 11/05/2006.

Your WP expired before it became effective? And why is there an inconsistency in the dates you state?

In the opening post of this topic:

May 2006 - Jan 2006 Work permit

This expired 5 months before it started?

[slugmeister]

I started working before my WP transferred I got ILR yesterday - Solihill PEO; but I'm thinking maybe my situation is different that yours?

When my new employer applied for my work permit I got a letter from UKBA stating that I could start work pending the decision on my new work permit. There was a week gab between jobs, however the new work permit took 6 weeks.

My case-worker was very efficient about spotting gaps. Not sure if they are all like that. It's interesting what details some case workers care about whilst others disregard.

[slugmeister]

Hi Rajiv,

Have you received your TAX history from HMRC yet? If so, could you plesae tell me what information does it contains and if there is start and end date of employment in it or not...

Thank you...

The tax history that you receive from HMRC will only prove economic activity. It will not prove that you haven't left the country for more than 90 days.

I also found that my tax history didn't exactly match my actual employment dates. I therefore decided not to use it as I immigration advisor felt that it may harm my case.

[amit33_99]

Hi Sush..

I am sorry.. I meant COMP1 work permit from May 2006 - May 2007. I left COMP1 on 19th Jan 2007. I joined COMP2 on 22nd Jan 2007 but got work permit approval on 6th of Feb 2007 and got my visa stamped on 13th Feb 2007.

My query is regarding a GAP between 19th Jan 2007 to 6th Feb 2007. Is this allowed?

Regards,
Amit

[geriatrix]

It is not a gap.

The only thing that bothers me is that between 22-Jan and 13-Jan, you were only working for you new employer (which you claim was not more than 20 hours/week). During this period, this was not an "extra" job, but your only job. Hope the caseworker has no issues with that ... and is convinced that you worker only for 20 hours/week during that period.