ILR for Workpermit and Tier1 route

[Jay0804]

Hi All,
One of my friend came to UK in company work permit and before end of his assignment he transferred his work permit to another company. He went back to his country (India) to resign and came back. After coming back to UK the new company asked him to wait for 1 month as the project that they expected didn't finalized (during 2008 recession time). My friend lost hope on the role and applied for Tier1 within 20 days as he felt the new company is not ideal for him. Within 2 months he got Tier1 approval and started searching on for job on his own. He got a contract role after 4 months of vigorous search. He is in job from then.
Now he is due for ILR. The question is he doesn't have any other document other than offer letter and Work permit transfer with the second company. What can he show for proof for his employment history for this company? He never worked for this company. So there is no P60/P45 or Payslips for 5 months period (20 days in WP+ 4 months in Tier1) . There is no fault with him as the Employer didn't offer the job as promised and no Salary was paid. The employer is not giving any kind of letter as he did my friend did his Tier1. My friend stayed in second company's work permit for 20 days before applying for Tier1(the date from which he applied for Tier1, we can consider for legal stay though he is not working for the Employer. Correct?). Will this be a problem for him? Could you please give any suggestion how to handle this situation?
First company workpermit - 18 months
Work permit transfer and stayed in second company's WP - 20 days
Applied for Tier1 and got the visa in 2 months
Stayed Tier 1 visa - 3 years 4 months (including 1 extension)
Thanks in Advance.
Cheers

[Jay0804]

Hi Admin, Pals,
Do any one please let us know the answer for the above please as my friend is appearing for ILR on 8th May?
Cheers
Jay

[selva]

Hi All,
One of my friend came to UK in company work permit and before end of his assignment he transferred his work permit to another company. He went back to his country (India) to resign and came back. After coming back to UK the new company asked him to wait for 1 month as the project that they expected didn't finalized (during 2008 recession time). My friend lost hope on the role and applied for Tier1 within 20 days as he felt the new company is not ideal for him. Within 2 months he got Tier1 approval and started searching on for job on his own. He got a contract role after 4 months of vigorous search. He is in job from then.
Now he is due for ILR. The question is he doesn't have any other document other than offer letter and Work permit transfer with the second company. What can he show for proof for his employment history for this company? He never worked for this company. So there is no P60/P45 or Payslips for 5 months period (20 days in WP+ 4 months in Tier1) . There is no fault with him as the Employer didn't offer the job as promised and no Salary was paid. The employer is not giving any kind of letter as he did my friend did his Tier1. My friend stayed in second company's work permit for 20 days before applying for Tier1(the date from which he applied for Tier1, we can consider for legal stay though he is not working for the Employer. Correct?). Will this be a problem for him? Could you please give any suggestion how to handle this situation?
First company workpermit - 18 months
Work permit transfer and stayed in second company's WP - 20 days
Applied for Tier1 and got the visa in 2 months
Stayed Tier 1 visa - 3 years 4 months (including 1 extension)
Thanks in Advance.
Cheers

Hi, I think there will not be any issue.

He need to prove whatever points require for T1(G) and second company's work permit will not be a problem as it is only 20 days. Your friend should have all the original WP docs including 2nd company one.

As long as he got all the docs to prove it, it should be fine. He can talk to UKBA or a solicitor

[Jay0804]

Hi selva,
Thanks for the reply. I just enquired. My friend is not having the Original WP for the second company. When he asked they said they can't give the Original. I just wonder, why can't they the original WP? Now will it be a problem for him?
Cheers
Jay

[Jay0804]

Hi Admins/Moderators,
Not sure why this question is unanswered. I have search to the extend with my friend and we couldnt see this type of question asked so far. Any help will give my friend a good boost before going to PEO.
Thanks again.
Sorry for requesting again.
Cheers
Jay

[Jay0804]

Friends,
My friend has got PEO appointment on 9th May. So any one is able to help in this issue?
Cheers
Jay

[legalalien]

Hi Jay,
I am not sure why they wont give the original, but I wouldnt worry too much about it, the caseworker will have access to confirm wp dates etc, I applied with wp+tier 1 and caseworker did not ask for wp letter as he said he has all details on screen.
Can he get any letter from 2nd company to confirm the circumstances/project delays. Otherwise may be your friend can get a copy of wp if they are refusing to give original.. Also make sure he takes p45 from first company as it will show end date of employment

[Jay0804]

Hi Legalalien,
Thanks for the reply. It makes sense. My friend has got copy of the WP from the second company. They told him that HO wont issue original WP as this is WP transfer. He relied on their reply completely and never asked further. And yes, he has got P45 from the first company and P60s for 4 years. He is bit worried that the second employer shouldn't have played any trick as he doesn't have any written proof for postponing the joining date.
We also called PEO (0870 606 7766) yesterday and the person had confirmed that it is not a problem. This info may be useful for other users as well.

I will get an update from him once he is done next week and post it here(probably will ask him to write here).
Thanks a lot for the reply.

Cheers,