ILR Application date approaching with Employers issues

[harrygurbani]

Hi,

I'm Haresh Gurbani and i'm here on a Work Permit, in Derby. My visa was issued on the 22nd of February 2008 but I've been here since the 1st of March '08. My wife and son later joined me in 2009 and our ILR application is due in the mid of January 2013. Everything was going fine until last Friday (23rd Nov.2013) when our company had to make 155 employees redundant, fortunately i was amongst the 42 employees they decided to retain as the core team. Now, because the business is going through a tough time and is being re-structured, they cannot afford to pay any of us for the month of November and we will be paid from December on, hopefully.
The problem here is I'm not going to get a payslip and a salary transaction in my bank account for this month and I understand that when i apply for the ILR, i must have pay slips for the last 6 months. I brought up this issue in a meeting today and they said they'd get back to me regarding this. Could this have a negative impact on my application? If the company gave me a letter explaining the situation would that help in any way? I am worried that all the hard work and late nights i have put in to getting this close to my ILR application is going to be a waste.
I would be very grateful, please help.

Thanks,

Haresh G.

[adi_khaneng]

Hi Haresh

Sorry about your situation. When I applied for my ILR I had to show last 3 months pay slips. They just had a look at the payslips.

The most important thing from ILR point of view is that you are being paid at the correct level set by the home Office refers to codes of practice. I had a problem because I was not been paid at the correct level and my company agreed to change this in the last month. I got a letter stating this and the Job title which matches the code of practice list. The case worker looked at this letter only. It also needed to state that you are required for the future.

Don't be disheartened with this. All will be fine. Try to book an appointment at Solihull which is the best PEO center in my opinion. I had another problem with my application but they even didn't bother to check.

Good Luck with you Application.

[wpilr_nov12]

Will you be 'back paid' your the November amount? If so, when?

[geriatrix]

i'm here on a Work Permit ..........
I understand that when i apply for the ILR, i must have pay slips for the last 6 months.

Incorrect.

Read 134-SD Specified documents.

Some changes are being introduced to the above mentioned section of the immigration rules on 13-Dec-12. You may view these changes in this document (paragraph 19).

[harrygurbani]

Hi,

Thank you all for taking time to reply to my queries. The good news is that my company has been bought back by the current owners but they have still declared insolvency due to which we are not getting paid this month and have to claim our November salary from the Government which would be capped at £430 a week. However, we're still to find out more coming Friday.

@ adi_khaneng: My HR replied today saying that she's going to contact the UK Border agency and inform them about the current situation of the company and get information regarding my application before she has a chat with me. I will ask her for a separate letter explaining why i wasn't paid for the month (on the company letter head) when i apply and that i am needed for future projects.

@ wpilr_nov12: I'll not be "back paid" by the company but by the government, they have handed us a Redundancy payments form with which i can claim "arrears of pay" for this month. However, it would take 4-6 weeks for it to arrive in my account, ie. end of December or maybe even January. I would start receiving my payslip again from December.

@ sushdmehta: I'm slightly confused here , does it apply to me as well ?:

"All changes other than the exceptions set out below take effect on 13 December 2012.
The changes in paragraphs 2, 10 to 17, 19, 21 to 25,.... set out in this Statement shall apply to all applications decided on or after that date."

Does that mean, as per 134-SD i need to produce just 1 months payslip along with the other docs? If it does, then I'll have my December payslip by then . Is it possible that i could be asked to produce older payslips too, which i will carry along separately with the exception of November.

I cannot express how appreciative i am for all the help you're offering. I look forward to some more advises, please keep them coming.

Thanks and best regards,

Haresh G.

[geriatrix]

Have you compared the current and proposed immigration rule under 134-SD?
How do(es) the change(s) affect you, if they do at all?

[harrygurbani]

I have gone through the new changes and according to it, I should be fine if my company provide me with the required docs. which is December's payslip (as I'm applying by in Jan. and will need my most recent payslip) and a proof of employment with my details.

What I did not understand is do these changes also apply to me? I was issued my work visa in 2008.

Kindly advice.

Thanks,

Haresh G.

[geriatrix]

Paragraph 19 applies to everyone making an application for settlement as a WP migrant.

[harrygurbani]

I was made redundant yesterday, but my employers have offered to re-employ me for a new smaller company they are setting up. They're currently speaking to their lawyers regarding my visa and have suggested having it converted to a tier 2.

As mentioned, my Visa expires on the 22nd of February 2013:

is there a way i could work for them without having to switch over to a Tier 2?

If i stayed in my current Work permit and ask my employers to provide me with an offer letter and contract for the new job stating that my start date would be after my ILR application, would that support my application?

I was told that if i was made redundant within 3 month before the ILR application, i am still eligible to apply. Is that true?

I have a meeting with my directors tomorrow, i would really appreciate your help.

Regards,

Haresh G.