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Moderator: Help Please: Old workpermit: Change Employer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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London_London
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Moderator: Help Please: Old workpermit: Change Employer

Post by London_London » Sun Jan 08, 2012 10:59 pm

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 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, which show's format for current employer.

I want to apply for ILR in July 2011. 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

London_London
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Posts: 34
Joined: Sat Dec 31, 2011 1:05 pm

PLEASE HELP

Post by London_London » Fri Jan 13, 2012 7:43 am

PLEASE HELP ME OUT

yanbo
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Posts: 21
Joined: Thu Dec 08, 2011 10:04 pm
Location: United Kingdom

Re: Moderator: Help Please: Old workpermit: Change Employer

Post by yanbo » Fri Jan 13, 2012 9:36 am

London_London wrote: DO I NEED TO GET LETTER FROM PREVIOUS EMPLOYER?
IF I NEED LETTER FROM PREVIOUS EMPLYER, DO THEY NEED TO SPECIFY SALARY?

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.

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?
The most important thing is that your current salary meets SOC level requirement and that this is confirmed in your current employer's letter (+ payslips + bank statements).

I see that you worry about the fact that your previous employer didn't pay you as much as it was stated in your WP. I believe that this won't be a problem as long as you have P60s covering that period which show that all taxes and NI contributions were being paid for that salary (whatever it was). So, make sure you have all (5) P60s - they will show you've been working here continuously.

If you can get a letter from your previous employer (which is not necessary but can be additional proof that you've been living & working here), it can just confirm starting and ending date of your job with them, maybe WP reference number, but they don't need to state salary. All that counts is your current salary (stated in your current employer's letter, last 3 months payslips & bank statements) and that during these 5 years all taxes and NI contributions have been paid accordingly to your salary (showed in P60s).

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