ILR Work Permit Set O - employer letter, debt, PEO experienc

[veedub]

Hi All,
These forums helped me immensely over the last few months, so I reckon the least I could do is to also share my experiences and hope that it helps someone else out too!

I finally got my ILR yesterday.. on my SECOND visit to the PEO in Solihull. Mine was granted on the basis of living and working in the UK on a Work Permit (old system) for the last five years.

The only reason why I was turned away the first time was because my Employer/HR refused to put a COP / SOC code in the letter they gave me. HR even claimed to have spoken to the UKBA Employers Helpline to clear the wording of the letter as they insisted that they ‘could not’ make reference to any codes. When I advised the immigration officer of this she was pretty surprised that the helpline would’ve said the letter was okay without any codes, she double checked with another colleague who said NO COP in Letter, NO ILR. Simples!
This was actually the 3rd letter HR had given me as I knew the first two were clearly not fit for purpose after reading many posts on these forums. I gave them the benefit of the doubt when they said they’d spoken to the Helpline, thinking that maybe requirements had changed recently….

To HR’s weak defence, the guidance for an employer who sponsored people before compulsory licensing (to sponsor migrants) and the points based systems came into place is a little vague. When they read the Codes of Practice, it is worded for employers who will be held accountable under the current laws. So despite my trying to put things into context for them, HR were sticking their heads in the sand about not being a ‘licensed employer for tier 2 sponsorship’ and didn’t want any repercussions for making statements when they weren’t so. They simply were not listening when I was explaining the nature of the ILR and my application and that I was not asking for an extension on my work permit (as if!) I actually think they spoke to the HelpLine but probably asked the wrong questions. Maybe the HelpLine actually told them they didn’t have to put any codes there. But at the end of the day it’s those people behind the desk at the PEO that decide…not the HelpLine. So PESEVERE! and get the code in there just incase.

After that first visit I understandably had a right go at HR over the phone. Then followed it up with a calmer email later that day asking for another letter with the code again haha! They reluctantly put it in but with a clause clearly stating they were not licensed to sponsor. I reworded the latter so that it didn’t sound as harsh but still spoke the truth, got them to okay and sign it and I was back at the PEO the following week. No problems this time, the letter was fine. Note: I had given HR the text for the letter from one of the stickys on this forum (employer letter template).

Apart from that fiasco I had also been worried about the following:
• Unpaid debt that shows up when a credit check is done: It’s only a small one but for the ILR it didn’t seem to matter when they were doing their checks (if they do credit checks at all?!)
• My accounts are ALWAYS overdrawn / I have little savings: they didn’t seem to care, in fact they did not want to see my bank statements at all.
• I was missing a P60 and didn’t have time to get records from the HMRC: I told them I had some but they didn’t need to see these either.
• My employer had recently had a slight name change and we weren’t sure if it qualified as a technical change in employment: the Helpline advised HR to put a paragraph in the letter explaining the name change. This seemed sufficient.

I’ve also read on these forums that people seem to have different experiences depending on which PEO they go to. At Solihull yesterday, mine was the following:
1. Security checks (go a little earlier than the 30 minutes if you like, they didn’t seem to mind and they were busy yesterday, although the first time I went it was nice and quiet!)
2. Half Hour wait
3. They checked my documentation asking only for
a. Employer Letter (with COP SOC codes!)
b. Last 3 payslips
c. UK Life Test Pass Notification
d. Original Work Permit
e. Passport
4. The same lady did further checks on her computer. Not sure what it was all about exactly but she definitely typed in the SOC code, seemed to get some info on my employer and checked the salary. 3 and 4 took about 10 minutes in total!
5. Then she told me congratulations!
6. I Paid at the next counter
7. Waited 2 hours and went back to collect my passport with the new sticker!!!

Ps. Both times the officer was pleased that I had put my absences on a spreadsheet and totaled the number of days I had been out of the UK over the last 5 years. Just helped her to save time I guess. She didn’t even check to see if I had counted the days correctly.

So. Im happy to answer any questions you might have and I wish everyone in the process, a less stressful and very successful road to Indefinite Leave to Remain in the UK!

veedub x

[powerant]

congratulations. your experience is definitely helpful.
for the COP SOC,do you mean the code for the job title?
if you are on an old work permit, does your employer has to be registered as tier2 sponser? as far as i understand, this is not necessary unless the old work permit holder need to extend further leave to remain when the old work permit expires.
thanks for sharing.

[veedub]

Hiya Powerant,

yes, i was referring to the code for the job title.

and you are correct the employer only has to become registered (if they are not already) if the work permit holder is applying to extend their work permit, in which case the applicant would be switching to the current tier 1 or 2 points based system or whatever other route.

Employers that didn't have to register pre 2007/8 do not need to for the sake of an employee who is applying for indefinite leave to remain after completing 5 years under work permit conditions, because that employee is effectively applying for residency/settlement unbound by the previous permit rules.

I can see how the whole code business is confusing for unregistered employers. There's probably a valid reason for them having to put it in the letter but its not explained anywhere..no where i searched anyway.

Interesting to note too that the recent consultations leans towards closing the route to settlement via tier 2 and the work permits (the latter of which they're already phasing out).

[powerant]

hi veedub,
many thanks for the feedback and your answer just clears my confusion.
good luck to all the people who are longing for a better life by ILR. Tomorow it is a beautiful day for us all

[Bobbylondon]

Hi Veedub,

COngrats on your success. People who had earlier, WP & then converted to T1G, also need to have the SOC code in their employer letter?
I came to UK in Oct. 2006 & changed to T1G in Apr 2009.
How many days you were out of UK? Did you have to book another appointment after first time? Do they ask for any address proof.

Appreciate your reply.

[sensm]

MANY CONGRATULATIONS!!

hope you dont mind answering my query

I have bank loan, and paying instalments without any problem.

My credit check failed when I tried to get a mobile phone, reson not known to me. I never failed or missed any payment dedline and checked with my bank and they are also surprised on refusal my mobile company.
Does this affect as I am going to apply for ILR in Dec 2011.[/b]Where to find the information on Codes etc to help employer to draft letter?
rgds

sensm

[Nov2011]

Hi veedub,

Many congrats on your success!

I had the query about the payments at solihull.
Did they made you do payments after all docs were verified? In that case, on your first visit, did the cw tell you abt the soc code and you didn't pay for that visit?

Thanks,