work permit(1 year in indian salary only)+Tier1 for ILR?

[kumar_0178]

Hi,

I have come to UK in work permit in 2007 January. However I was still being paid in Indian salary till 2007 December. I was however with the same company. After that I was put in the UK payroll from 02-Jan-2008 (Company has got offices in UK and India). In 2009 February, I got my Tier 1 granted. I have changed my company in April 2009, and now working for a new employer. My current Tier 1 will expire in February 2012. I think I will be eligible in February 2012 for ILR. But, I need an expert advice on this.

I have my salary pay slips and all bank related details from Jan-2008 till date. This also includes my p60's etc.

For ILR, will these be enough, or would it be mandatory that I have to show 5 years full work related details? If I have to get 5 years details, then that would mean that I am ineligible for ILR and I can apply only on Jan-2013 (if the rulese dont change).

I would appreciate if someone can comment on the above or share any similar experience where the ILR main appicant was in a work permit, but not on UK payrolls.

I am sorry if the same information is posted somewhere else. If so, please can you send me the link, as I was not able to find it.

I thank you for your time taken and waiting to hear back from you as this would mean that I will be eligible or not eligible to apply for ILR.

Thank you in advance.

Thanks & Regards,
Kumar

[sarath1212]

Hi,

I have come to UK in work permit in 2007 January. However I was still being paid in Indian salary till 2007 December. I was however with the same company. After that I was put in the UK payroll from 02-Jan-2008 (Company has got offices in UK and India). In 2009 February, I got my Tier 1 granted. I have changed my company in April 2009, and now working for a new employer. My current Tier 1 will expire in February 2012. I think I will be eligible in February 2012 for ILR. But, I need an expert advice on this.

I have my salary pay slips and all bank related details from Jan-2008 till date. This also includes my p60's etc.

For ILR, will these be enough, or would it be mandatory that I have to show 5 years full work related details? If I have to get 5 years details, then that would mean that I am ineligible for ILR and I can apply only on Jan-2013 (if the rulese dont change).

I would appreciate if someone can comment on the above or share any similar experience where the ILR main appicant was in a work permit, but not on UK payrolls.

I am sorry if the same information is posted somewhere else. If so, please can you send me the link, as I was not able to find it.

I thank you for your time taken and waiting to hear back from you as this would mean that I will be eligible or not eligible to apply for ILR.

Thank you in advance.

Thanks & Regards,
Kumar

Were you not paid any allowance during forist one year (2007)?Most of the indian companies pay the allowance for the some time (it is leagally allowed) here and paying part salary in india whcih is under expat scheme.They can do this for ceratin period of initial time (18 months i guess) and they should move the employee to the UK payroll by default.

[kumar_0178a]

Hi Sarath,

The problem is that for the first year, I was paid in Indian salary, and here it was a per diem basis, but that was done throught India.
Will this be a problem for the 5 year criteria period?

As per my understanding, the major thing that they require for ILR for Tier 1 is
a) A combination of 5 years in the country as WP and/or Tier1, but the recent 1 year, the employee should be employed as per the standards etc.

All the other criteria rules remain in place.

Considering my status of the above that for the first year, I was not in the payroll, nor was I getting any proof of my employment, but still I was there in this country throughout without any leave, will that be enough or would it better to wait for another year and then only apply.

Please can someone help me and clarify me on this.

Many thanks.

[kumar_0178a]

Can anyone help me plase?

[geriatrix]

If I have to get 5 years details, then that would mean that I am ineligible for ILR and I can apply only on Jan-2013 (if the rulese dont change).

Why? What is it that you need to hide?

Considering my status of the above that for the first year, I was not in the payroll, nor was I getting any proof of my employment,

Where's the WP? I guess the answer may be "lost".

Don't you think the caseworker will see a "WP leave" vignette in your passport issued within the 5 year qualifying residential period and may question why you have no evidence to prove it! I ask again, what are you trying to hide?

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.

[kumar_0178a]

Hi,

Why? What is it that you need to hide?

Since I dont have 5 years salary and payslips, will the 4 years be enough? Although I was in work permit, I was in Indian payroll for the first one year (I was getting a daily allowance - but in Indian bank). I think I was not in UK payroll for that year (because no salary statements, nor I think my employer paid any tax, NI etc). I was in the UK the whole time. After a year, I was put in the UK payroll, and got my payslips etc. Will this be required for them or just the presence in the UK with the Work permit suffice? Please note that I am now getting proper salary etc.

Where's the WP? I guess the answer may be "lost".

No, the WP is there with me. After I came to UK, for a year, I was in Indian payroll for a year, then I was put in UK payroll. The WP was valid for 2 years. However for the first year, although I was in the UK, I was on a daily allowance but in the Indian payroll. After that I was there in the UK payroll.

So, in theory, would this time period in the UK, but still not in the payroll (and not paying NI and Tax) be ok, or does that mean a year got wasted over here?

[geriatrix]

It depends on whether the caseworker asks you for P60s for all the years or not. If he does and you cannot provide them for all the years covering the "qualifying residential period" for all the years, and also cannot provide payslips or bank statements for the period in question to provide evidence of income, then you may be in trouble. Otherwise not!

But it is highly likely that you'll need to provide your WP authorisation. The WP you refer to, was this a MEWP (Multiple Entry Work Permit)?

[kumar_0178a]

Hi,

Thanks for your reply.

But it is highly likely that you'll need to provide your WP authorisation. The WP you refer to, was this a MEWP (Multiple Entry Work Permit)?

What is the WP Authorisation? Is this something that I have to get from somewhere? This was a work permit, and I can come and go Multiple times from UK to India. So, it is a Multple Entry work permit.

Thanks.

[geriatrix]

Where's the WP? I guess the answer may be "lost".

No, the WP is there with me.

WP and WP authorisation, same thing.

MEWP and WP are two different immigration categories. Have a look at this document - I am given to understand that MEWP (authorisation) has "multiple entry" written the box where the linked document shows "XXXXXXX". What does your WP / WP authorisation have in there?

[kumar_0178a]

Hi,

I saw the image of the sample Work Permit. Mine is Multiple Entry. It has written Multiple Entry in the box in it. Yes, this is multiple entry work permit.

What does this mean? Does this mean that I can come and go out, and the other work permit (in the link you sent me) means some one can only come once (as it is a single entry?). Does this have any impact when I go for Ilr with this combination and tier 1?

Since I dont have salary slip (and paid no tax or NI) for a year in my work permit, will this be a problem?
thanks for your time.

[geriatrix]

You have already been advised on the issue.

[kumar_0178a]

Hi,

I think I am not clear.
So, does that mean if a person who although was in the UK, but not receiving any salary slips (because he is not in the payroll, and is not paying any TAX and NI), will be eligible for the ILR, provided they have to be in residence.
I am sorry if I am again asking this, but would appreciate if you could light it up better.

Thanks..

[kumar_0178a]

Can anyone please help me on this.

Thanks in advance.

[kumar_0178a]

I hope my case is ok.