URGENT HELP: ILR OLD WORKPERMIT: CHANGE EMPLOYER

[London_London]

Hello Moderators,

I got serious issues regarding my workpermit. I change my employer once during my workpermit. My current employer did all paperwork regarding switching employer.

(1) First workpermit: Aug 2007 to March 2008
(2) Second workpermit : April 2008 to till date.

My new employer will provide me letter confirming
• he is still required for the employment in question, as certified by his employer; and
• his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency,


DO I NEED TO GET LETTER FROM PREVIOUS EMPLOYER? IF YES, CAN ANYONE GIVE ME FORMAT LETTER?
IF I NEED LETTER FROM PREVIOUS EMPLYER, DO THEY NEED TO SPECIFY SALARY?

According to forum,
“””Q - Do I need employer letter from previous employers?
A - HSMP / Tier 1 (General) migrants may be asked for this, so better to be prepared. If you can not get that letter (e.g. company closed down) then either call HMRC to get an employment history for last 5 years or provide other evidence such as P60s/ Salary slips / bank statements confirming your employment. HMRC letter will take 3-4 weeks to arrive so plan in advance.
For Tier 2 / WP migrants, this is a mandatory requirement. “”””


But this mandatory requirement hyperlink goes to some another page, so its not working properly

[London_London]

please reply

[malepiscean]

Do you mean that your first WP was from August 2007 to March 2008?
My suggestion would be:
1) go strictly as per the advice in the quoted text that you have pasted from the FAQs in the forum, i.e. get the letter from the previous employer.
2) if however you can't do that, then make sure you have P45 along with employment / Tax history letters fom HMRC for the period under WP1.
3) for me link behind the text "mandatory requirement" works perfectly. It also shows the content and format of the letter. Any how here is the complete URL for you: http://www.immigrationboards.com/viewtopic.php?t=76413

Hope this is of some use.

[London_London]

Thanks for correction - August 2007.
This link provided is for CURRENT EMPLOYER.
I need format for previous employer, IF I HAVE TO PROVIDE.
Do my previous employer need to mention soc code and salary?. Btw, my previous employer pay me less salary than stated in workpermit ( august 2007 to March 2008). Will it create any problem? At present, with current employer I am getting more salary than stated in workpermit and soc code.

Do you mean that your first WP was from August 2007 to March 2008?
My suggestion would be:
1) go strictly as per the advice in the quoted text that you have pasted from the FAQs in the forum, i.e. get the letter from the previous employer.
2) if however you can't do that, then make sure you have P45 along with employment / Tax history letters fom HMRC for the period under WP1.
3) for me link behind the text "mandatory requirement" works perfectly. It also shows the content and format of the letter. Any how here is the complete URL for you: http://www.immigrationboards.com/viewtopic.php?t=76413

Hope this is of some use.

[London_London]

Please reply

[malepiscean]

This link provided is for CURRENT EMPLOYER.

I don't think the format would be different in case of former employer. Just the content would be slightly different saying that "Mr. XX worked at XYZ Ltd from XXX to YYY", in other words there would an end date to the employment.

Do my previous employer need to mention soc code and salary?. Btw, my previous employer pay me less salary than stated in WP (august 2007 to March 2008). Will it create any problem? At present, with current employer I am getting more salary than stated in workpermit and soc code.

If your previous employer paid you less than what was stated on the WP - I'm not sure that's legal. Or do you mean they paid you less than SOC Codes, which were obviously introduced much later?
The impact of a previous employer paying you less than Tier 2 SOC Codes in the past, on your Settlement application is unclear, IMHO. I'd suggest, maybe wait for one of moderators to reply, but in the meanwhile a couple of options to consider:

1) Option 1: Apply for ILR in Aug 2012
Provide just the P60, salary slips, bank statements and P45 for period covered by WP1. Ensure that for WP2 you have the letter exactly as per the suggestions made above, along with of course all other required documents.

2) Option 2: Apply for ILR in Mar 2013
This is the cleanest option as it would have safely shifted WP1 out of your 'qualifying period' window. The important assumption here obviously is that your WP2 salary is according to SOC Codes.

I did a bit of research on the following links and it seems like some people got successful outcome with simply showing the salary as per the SOC Codes for period immediately prior to the date of ILR application.
Read this (especially look at Karl's comments).
Also read this.

[London_London]

Moderators, Please help.

I want to apply for ILR in July 2011. As mentioned earlier, My previous mentioned pay me salary less than stated in workpermit ( and also less than SOC code). At present I am getting more salary stated in workpermit and SOC code.

Do I HAVE TO HAVE TO get previous employer letter?
If yes, Is it necessary to include stating soc code and salary from previous emplyoer? otherwise I may get standard letter with soc code and not mentioned salary.

I have all other documents needed. I am just stuck with previous employer letter because of salary problem.

ACCORDING TO SET(O) FORM ,
"""""""10B

Work permit holder If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK as a work permit holder, in addition to the relevant documents in 10A, you must provide the
following:

Document(s) confirming that you have spent a continuous period of 5 years in the UK:
- either as a work permit holder throughout that period, or
- as a work permit holder most recently, combined with previous permission as a work permit holder[/i],
highly skilled migrant, self-employed lawyer, or as a writer, composer or artist.

A document from the employer named in your current work permit containing the following information:[/u]
- confirmation that you are still required for the employment in question, and
- the nearest applicable Standard Occupational Classification (SOC) code which best describes your
employment
- Your current rate of pay (this should be given in the same format as given in the codes of practice, for
example hourly rate or yearly salary), and
- confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for
Tier 2 sponsors. (See note 9 of page 37 of this form)""""""

Can't I show documents regarding my previous employment. E.g
payslip and bank statements which matches salary from previous employer (aug 2007 to March 2008) , duplicate p60 year 2007/2008 ( which shows salary from previous employer) ,P45 from previous employer,.


Once again Do I HAVE TO HAVE TO get letter from previous employer? If yes, according to SET (O) FORM, SOC code and salary requirment needed from current employer. So Can't I just get standard letter excluding soc code and salary(btw, my post is same in both workpermit).

Many Thanks

Waiting for your reply ASAP