ILR application under Tier 1 + HSMP

[ddontamsetti]

Hi,

I am hoping to get some help with my ILR application. I have completed 5years 2 year under HSMP and 3 year under Tier 1 General. Section 11L states that I need to provide documents stated in Section 9 A which I have got but it also states "that for the period before your were granted leave as a Tier 1 General documents showing that you met therelevant requirements of the immigration rules"

Is it all the documents that I have showen when I extended my HSMP applications i.e. pay slips, bank statements e.t.c?

Can someone please help?

[geriatrix]

P60s for the preceding years.

See also this post.

[ddontamsetti]

Thanks Sushdmetha! Do I need to show the P60 for the 2 year that I was under HSMP or just one that relates to the year that I have applied for extension.

Many thanks,

[ddontamsetti]

Also, if I do not have the p60 would it be possible to take 12 months pay slips that I have used to apply for my tier 1 general extension?

Many thanks

[nmm]

I think you need Hsmp + tier1 approval letter for 11L

[geriatrix]

If you do not have P60s for any of the preceding years, any other documents showing economic activity will do - payslips, bank statements showing salary credits.

You may not even be asked for these documents, but it is better to go prepared than unprepared!

[ddontamsetti]

Thanks Sushdmehta! I have pay slips and bank statements so panic over!

Many thanks

[nmm]

for the period before your were granted leave as a Tier 1 General documents showing that you met therelevant requirements of the immigration rules

Shushdmehta, 11L is not about economic activity its about to show that you met the relevant requirement of immigration rules.[/b]

[ddontamsetti]

Hi nmm,

Is it compulsory to have both the approval letters as I have the Tier 1 approal letter but not the HSMP one!

To be honest we provide all the documents when applying for HSMP or Tier 1 general and if we haven't met all the requirements at that time they wouldn't be granting the leave anyway's right???

[geriatrix]

No need for approval letters.

[ddontamsetti]

Thanks Sushdmehta

[nmm]

No need for approval letters.

Hi sushdmehta, you made myself confuse, as far as I learnt from the previous discussions that Approval Letters met the required criteria of 11L.

Here are few posts:

http://www.immigrationboards.com/viewto ... hlight=11l

http://www.immigrationboards.com/viewto ... hlight=11l

http://www.immigrationboards.com/viewto ... hlight=11l

What are your comments?

[geriatrix]

What does the approval letter prove that a vignette in the passport / BRP does not? If the caseworker can see the passport and the vignettes in it / BRP, why does he need to see approval letter - to verify if the approval letter is real or if the vignette / BRP is?

The approval letter is only a confirmation that the applicant met the relevant immigration rules on the date of the application, not necessarily for the entire period of stay in the UK preceding that application.

[nmm]

The approval letter is only a confirmation that the applicant met the relevant immigration rules on the date of the application, not necessarily for the entire period of stay in the UK preceding that application.

Does that mean we need to fulfil all PBS requirement during our 5 year stay in UK? What if someone lost a job after getting extension but got another one after few months and at time of ILR he fulfil all PBS requirements? Can they reject ILR if your P60 shows that during one year out of 5 years your pay was less then required PBS?

[cs95tdg]

The approval letter is only a confirmation that the applicant met the relevant immigration rules on the date of the application, not necessarily for the entire period of stay in the UK preceding that application.

Does that mean we need to fulfil all PBS requirement during our 5 year stay in UK?

No.

What if someone lost a job after getting extension but got another one after few months and at time of ILR he fulfil all PBS requirements? Can they reject ILR if your P60 shows that during one year out of 5 years your pay was less then required PBS?

No.

While you should have evidence to prove that you were economically active during your 5 year residency, this does not mean you need to have been in employment every month/day during that time period.

[arifahmmed]

I am really confused about this 11L term.
My status is hsmp2yr and tier1 3yr and I am appying ILR under Tier1 general (non Jr) category.
My EC 10 december 2007 and enter 16 January 2008.

I started agency job (not continue on and off) . August 2008 I started permanent job and till with same employment.

I have my p60 Apr 2009 (covering 8 month aug 2008 to mar 2009) and then for full year 2010, 2011, 2012. So I have only 4 P60 out of five year.

Is P60 is a requirement under section 11L (set O form)
what they mean by you met the relevant requirement of immigration rules
Do I need to submit my P60 ( I said earlier I have only 4 P60 only out of five year) at time of ILR application.
Is there any relation with P60 and the statement you met the relevant requirement of immigration rules

[nmm]

I am really confused about this 11L term.
My status is hsmp2yr and tier1 3yr and I am appying ILR under Tier1 general (non Jr) category.
My EC 10 december 2007 and enter 16 January 2008.

I started agency job (not continue on and off) . August 2008 I started permanent job and till with same employment.

I have my p60 Apr 2009 (covering 8 month aug 2008 to mar 2009) and then for full year 2010, 2011, 2012. So I have only 4 P60 out of five year.

Is P60 is a requirement under section 11L (set O form)
what they mean by you met the relevant requirement of immigration rules
Do I need to submit my P60 ( I said earlier I have only 4 P60 only out of five year) at time of ILR application.
Is there any relation with P60 and the statement you met the relevant requirement of immigration rules

Hi Arif,

I have same issue, actually I started job very first month but my clever employer didn't submitted my details to HRMC to save his money so I too have only 4 years P60. My employment history also cover 4 years.

Another point is that you will only have 5 years P60 if you got your job within few months of entering the UK and I think everyone is not so lucky to get the job so quick. So most of people might have only 4 years P60

It looks like that it's still not clear what is actually required for IIL requirement, so far I have seen three different requirements:

1. Approval Letters
2. Five years p60
3. Salary slips and bank statements that we submitted at time of FLR

In my case, I have only 4 years P60 and I applied for my mother's visit visa so the salary slips & bank statements (from last FLR) I submitted to HO were not returned back to me.

[nmm]

It also looks like from other member's experiecne that CW normally don't much interested to see the docs for IIL. That's what I understood after reading few posts.

[arifahmmed]

I can remember your previous post about your clever employer history. All like us who came UK under 2 yr hsmp situation is same (employment history is week at beginning). Also poor knowledge/ guidence is responsible for that.
I kept all my employment papers (wage slips, P60) in one file. I looked yesterday and found my history like this.

came here 16th january 2008.
Started agency job 1st march and finish 31 march. I have wage slips for those 4 weeks. only NI deducted no tax dedudted (possibly end of the year so no tax). But just look now surname mistake. It is ahmed instead of ahmmed (one m missing). However they gave me p60 (same It is ahmed instead of ahmmed).

Was unemployed full April and started same agency from May untill July. Started my this permanent job from August till now.But this time did a mistake. Did not asked P45 from that agency and not hand over to new job(also they did not asked for any P45).
However from new job next year 2009 I got P60 and because I did not gave the P45 so on P60 previous employment is nill. After taht I have P60 2010, 2012.

So nutshell I have 5 P60 and first one 2008 is only for 4 weeks also surname mistake (NI number is OK),
second one 2009 has history only current job (previous job earning Nill because I did not give P45 to this job),
3rd year 2010 is Ok
4th year 20111 os OK
5th year 2012 is ok.

Afterr all that what you think? first two P60 is use less. what to do.

[nmm]

If you call HMRC and asked them to provide your "Employment History" then you will get everything on one page and might be with your correct name. Its free but it will take around 2 weeks to arrive in post.

[arifahmmed]

Hi nmm, What numbrt to call and what to tell them.
Thanks

[nmm]

Hi nmm, What numbrt to call and what to tell them.
Thanks

Call number 0845 300 0627 http://search2.hmrc.gov.uk/kb5/hmrc/con ... pkspulskxM and ask them to provide your "Employment history". They will post it within 2 weeks. You can use that instead of (or addition to) your P60s

[arifahmmed]

Thanks nmm, i will call them tomorrow

[dvinas]

Hi Guys,

I am having the same issue with my application. I entered the UK on the HSMP on 13-Jan 2008. I was here for 2 years on that status, and was then granted a 3-year leave under Tier 1 (General). I have also been worried about what was being asked for in section 11L.

I just called the Immigration Enquiry Bureau helpline on 0870 606 7766, waited on hold for half an hour, and here is what the agent told me to provide:

HSMP approval letter
Entry Clearance vignette in passport

For me, the latter is in my old passport, which I needed to provide anyway to show my immigration history. After hearing this response, and upon reading the 11L statement more carefully, I believe I understand what is being asked. What they are saying is that they want to be sure the you were here legally, under a category that satisfies the requirement for residency-period in order to achieve ILR, for the period prior to being granted Tier 1 clearance. So, for most of us, that would be 2 years HSMP (prior to the 3 years Tier 1). The original HSMP approval letter proves that you met the necessary requirements to be admitted under the HSMP. The vignette in your passport proves that you entered based on that approval, and also shows when you entered (or started your status under HSMP).

I will go out on a limb here and state that you actually didn't need anything else in order to be here legally for the first 2 years. By achieving an HSMP approval and then entering in that category, you could be here legally for up to 2 years and do as you liked. There was no requirement to work or anything, other than that you did not have to resort to public funds. The stipulation that you needed to meet minimum income requirements was in order to extend your stay under Tier 1, but that is completely separate from any requirement to live happily for 2 years under HSMP. Also, you shouldn't confuse the "economic activity" requirement from section 11G. That is trumped by 11L, which is appropriate for those of us under Tier 1 (General). There is no need to go back and document your economic activity from 5 years ago. In fact, I have a hard time understanding who would still be here under the HSMP, and thus beholden to section 11G, since no one would have had such a long clearance that would last up to now.

So, if you want to provide extra documents just to be sure, knock yourselves out! It certainly can't hurt. Also, if anyone wants to call the number above and ask for additional clarity, I'd love to hear what you are told. I doubt the caseworker will actually go through all that paper. I intend to write in my cover-letter the fact that I was told on the helpline that those two documents would be sufficient, and I am planning on submitting my application in person at the PEO. I may also bring along other documents in case they ask for them.

[nmm]

Thanks dvinas