SETO Success Croydon 8/4/11

[londongirl10]

Hi,

I applied for ILR and wanted to share my experience with other forum members.
I was on WP+Tier1. My case wasn’t that straightforward, because I was made redundant end of last year and I am temping a bit now.
I had scored 85 points in self assessment.
I was asked right at the start, if I had employer letter for my WP time and if I had been outside of UK for more than 220 (?) days.
After making my payment, I was seen by case worker and that lady was really very nice. I had a feeling she really wants my application to be successful.
She has typed in the computer all the dates when I travelled outside UK and checked that with stamped entry dates in passports.
She asked me, if I am employed and I told her that I am temping. I had with me pay slip and bank statement for last month and that was enough to confirm that I am economically active. She then entered salary for last 12 months. She also told me that the salary has to be higher or same to the one I had when I applied for Tier 1. So, if I had claimed salary of £35,200 and now I have £35,000 that this could be a problem. She also said that I am her second case with new rules and that she alone can’t make final decision, which had to be confirmed by senior team.
We talked a bit and I did say how rules change very often and she mentioned that more changes are to come.

Documents that I had provided
P60s and P45
Salary slips + bank statements
Life in UK test
Employer letter for WP
Savings account statements (to confirm I can support myself)

Everything took around 3 hrs and everyone was very nice and helpful.

Good luck people!

[kunald]

Hi,

Congrats and thanks for posting your experience. Couple of questions:

1. Which PEO did you go to?
2. What do you mean by employer letter from WP time? I guess you only need letter from current employer?
3. Regarding salary my understanding is that you have to be in the same BAND of salary (which is 35,000 - 40,000?) rather than the EXACT salary you used when you qualified first for Tier-1? I think the idea is to show that you are still able to score SAME points? Isn't it? (Anyways this is an interesting aspect)

[londongirl10]

Hi,

Congrats and thanks for posting your experience. Couple of questions:

1. Which PEO did you go to?
Croydon
2. What do you mean by employer letter from WP time? I guess you only need letter from current employer?
No, I had letter to confirm I was with that employer when I had WP. I had no letter from current employer, since I'm temping
3. Regarding salary my understanding is that you have to be in the same BAND of salary (which is 35,000 - 40,000?) rather than the EXACT salary you used when you qualified first for Tier-1? I think the idea is to show that you are still able to score SAME points? Isn't it? (Anyways this is an interesting aspect)

I initially thought that you had to score 75 points and that's it. But what she told me is that you salary has to be same or higher, so that even it doesn't matter if it is within same band. I am not sure, if they are strict with that or not.

[kunald]

I initially thought that you had to score 75 points and that's it. But what she told me is that you salary has to be same or higher, so that even it doesn't matter if it is within same band. I am not sure, if they are strict with that or not.

What letter is required from employer from WP time? Is it a letter saying that you worked with them from xx to yy date and your salary etc? That can be proved from P60 / Tax history too isn't it? I am clueless why a letter is required from previous employer and what the contents of that letter should be? I have read lots of thread here where the first employer (who sponsored the WP) is out of business. Wonder what will happen to those. Please can you let me know what letter you are talking about so that I can get one from my first employer. Thanks again.

[londongirl10]

I had a letter stating I have been working from xx to xx as a full time employee. No salary was stated. And you're right they could also see that from P60. If your former employer is out of business, you can apply and explain the situation.

[kunald]

I had a letter stating I have been working from xx to xx as a full time employee. No salary was stated. And you're right they could also see that from P60. If your former employer is out of business, you can apply and explain the situation.

Thanks londongirl10. Will watch this forum for other success stories to see if the WP employer letter is requested elsewhere.

[darksun]

Congrats, so good news !
I have 1 quick question; did you submit a detailed absence spreadsheet with all passport stamps and how many days of absence you had?

Thanks a lot!

[londongirl10]

Congrats, so good news !
I have 1 quick question; did you submit a detailed absence spreadsheet with all passport stamps and how many days of absence you had?

Thanks a lot!

I had separate sheet with date left the uk, date returned to the uk and reason for absence, just like in the form. I did not submit how many days that was all together. I did not make copies of passport pages with stamps, but she said she would do that. She found the stamp with entry date and then put a check next to it on the absence list.

[darksun]

Thanks a lot for the info and once again cograts!

Congrats, so good news !
I have 1 quick question; did you submit a detailed absence spreadsheet with all passport stamps and how many days of absence you had?

Thanks a lot!

I had separate sheet with date left the uk, date returned to the uk and reason for absence, just like in the form. I did not submit how many days that was all together. I did not make copies of passport pages with stamps, but she said she would do that. She found the stamp with entry date and then put a check next to it on the absence list.

[deepu_0158]

Congrax londongirl10

She also told me that the salary has to be higher or same to the one I had when I applied for Tier 1. So, if I had claimed salary of £35,200 and now I have £35,000 that this could be a problem

So If a Consultant earned 100k last time and is now earning 90K, does that mean that his ILR will still be rejected?

[londongirl10]

Congrax londongirl10

She also told me that the salary has to be higher or same to the one I had when I applied for Tier 1. So, if I had claimed salary of £35,200 and now I have £35,000 that this could be a problem

So If a Consultant earned 100k last time and is now earning 90K, does that mean that his ILR will still be rejected?

Not necessarily. I don't know exactly what the rules are. She said something along these lines (I'll try to remember!). If you salary is not the same or higher then this could be a problem. Then she said something like, if the salary is same or higher then she can award points for salary automatically. If not then she would have to check/they would have to check (?). I really don’t know, what checks these would be, but I think that you could still be fine, if your salary is lower. In my opinion, they probably want to avoid giving points for jobs that they think are not for highly skilled people. I think that was mentioned in the statement of intent.

[geriatrix]

It is not just "salary" that determines a Tier 1 (General) migrant's eligibility for settlement, but a combination of attributes that are used to score minimum points to qualify for settlement.

Reading the Tier 1 (General) settlement guidance should help.

[deepu_0158]

Thanks Sushdmehta & Londongirl10.

Congrax for your great work Sushdmehta, appreciate your great work.

Applicants for indefinite leave to remain as a Tier 1 (General) Migrant will also be required to pass the same points test as they had to pass when they applied for further leave to remain. This effectively means that applicants will need to have achieved the same minimum level of earnings as they had to achieve in their previous application.

As per the Tier 1 Settlement guidance, a Tier 1 applicant(before 6th April) applying for ILR needs to prove 75 points from table 2, but the above statement is included in the Statement of changes in immigration rules which is causing me distress.

Does the above statement in any way mean that the applicants have to earn same or more salary irrespective of scoring 75 points

Refer to EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULESLAID ON 16 MARCH 2011 (HC 863).
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Please Sushdmehta shed some light on it.

Thankyou so much in advance sushdmehta

[psdesai]

Thanks Sushdmehta & Londongirl10.

Congrax for your great work Sushdmehta, appreciate your great work.

Applicants for indefinite leave to remain as a Tier 1 (General) Migrant will also be required to pass the same points test as they had to pass when they applied for further leave to remain. This effectively means that applicants will need to have achieved the same minimum level of earnings as they had to achieve in their previous application.

As per the Tier 1 Settlement guidance, a Tier 1 applicant(before 6th April) applying for ILR needs to prove 75 points from table 2, but the above statement is included in the Statement of changes in immigration rules which is causing me distress.

Does the above statement in any way mean that the applicants have to earn same or more salary irrespective of scoring 75 points

Refer to EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULESLAID ON 16 MARCH 2011 (HC 863).
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Please Sushdmehta shed some light on it.

Thankyou so much in advance sushdmehta

I might be wrong here but you are reading under the title "Amendment to Tier 1 of the Point Based System" which I think would mean that when you apply for Tier 1 Extension not ILR.

[deepu_0158]

Thanks psdesai for your quick response

To apply to settlement applications made by skilled and highly skilled migrants the income criteria that applied when they last extended their permission to stay, and to require such applicants to pass the ‘Life in the UK’ test prior to gaining settlement, except those applying under transitional arrangements;

The above statement is stated in page 1, 8th para..... this is not under Tier 1 (general) I suppose.

I would be the most happy person, if they dont consider the income criteria to be same or more with that of Tier 1.

[psdesai]

Thanks psdesai for your quick response

To apply to settlement applications made by skilled and highly skilled migrants the income criteria that applied when they last extended their permission to stay, and to require such applicants to pass the ‘Life in the UK’ test prior to gaining settlement, except those applying under transitional arrangements;

The above statement is stated in page 1, 8th para..... this is not under Tier 1 (general) I suppose.

I would be the most happy person, if they dont consider the income criteria to be same or more with that of Tier 1.

To me that is a bit incomplete statement. The reason is that it is stated in the beginning of the document-in general section. This means that it could be applicable to anything that comes in the document. In your previous post it clearly suggest .. that point is only applicable to the Tier 1.

Now "To apply to settlement applications made by skilled and highly skilled migrants the income criteria that applied when they last extended their permission to stay, and to require such applicants to pass the ‘Life in the UK’ test prior to gaining settlement, except those applying under transitional arrangements;". This is been there in their original statement even before this document released!

However this might need a bit more explanation I belive.

[deepu_0158]

I have just emailed UKBA, lets see what they reply.

[vijay13]

Congrats

[[iD]]

I believe it was caseworkers 2nd case so Obviously she didn't know much (or more than us).
AFAIK we need to claim 75 points for all attributes. Doesn't matter what we earned last time, what matters is how many points can we claim everything put together.

If your minimum requirement last time was £20k and you earned £100k it doesn't mean you have to earn £100k or more for your ILR.

[deepu_0158]

I believe it was caseworkers 2nd case so Obviously she didn't know much (or more than us).
AFAIK we need to claim 75 points for all attributes. Doesn't matter what we earned last time, what matters is how many points can we claim everything put together.

If your minimum requirement last time was £20k and you earned £100k it doesn't mean you have to earn £100k or more for your ILR.

Hopefully you are true
Hope the caseworkers understand the new rules quiclkly and correctly.

[psdesai]

I have just emailed UKBA, lets see what they reply.

I emailed them twice in this month for the HSMP Letter/VISA date question for the age. I havent got any replies back so far.

which email did you sent it to?

[deepu_0158]

which email did you sent it to?

UKBApublicenquiries@ukba.gsi.gov.uk

I have sent an email to the above ID, immediately an automated email was sent with the following:

Information about the following subjects is provided below.

1. Outstanding Applications / Return of Documents
2. Change of Address / Change of Circumstances
3. Biometric Residence Permits for Foreign Nationals
4. HSMP Forum judicial review - Arrangements resulting from the judgment
5. Points Based System - Tier 1, Tier 2, Tier 4, Sponsorship
6. Students - Work, Changing education provider or course, Course fees
7. Marriage, Unmarried Partner or Civil Partnership with a British or Settled Person
8. UK Ancestry
9. Working Holidaymakers - No Switching to PBS Categories
10 . Child born in the UK
11. Settlement - Knowledge of Language & Life in the UK
12 . Indefinite Leave to Enter
13. New Passport - Transfer of Conditions or No Time Limit
14. Reporting an immigration offence

If you have read this message and looked on the UK Border Agency website, but you have not found the information you require, please re-send your enquiry with "FAQ" in the subject/title line to:

UKBApublicenquiries@ukba.gsi.gov.uk

I resent the email as suggested

[vijay13]

Thanks,as per the form i also think it should be the case but the statement made by the caseworker to londongirl10 is confusing.

Also do we have to undergo Biometrics during ILR?

Cheers

[deepu_0158]

Thanks,as per the form i also think it should be the case but the statement made by the caseworker to londongirl10 is confusing.

I think the caseworkers are still in the process of getting grips with the new rules
Lets hope for the best

[londongirl10]

No biometrics for ILR.

I know it is very confusing at the moment. In the form they only mention 75 points, so I was very surprised when she said your income should be same or higher.