Queries in filling SET(O) form

rengasakthi · Post by **rengasakthi** » Mon Oct 22, 2012 4:14 pm

Hiya,

1. I am in process of filling SET(O) form, and have few queries around the same. In page 11 there is a question "Are you working in the UK" my answer is Yes, but for the next question "If so, what is your pay each month after income tax and other deductions?" - for this question can you let me know if I can include my salary+ dividend? I am working as contractor and billing via my own limited company, and I get salary from my business account to my personal account, and I take dividend, I pay personal tax. So I am planning to apply ILR as Salaried person not self employed person. So can you let me know if I can include my salary and dividend or I can only include salary?

2. While I am applying for ILR for myself I am planning to apply for extension for my wife via FLR(M).
In Page 26 of the form there is question "Are you working in the UK" do you know it will be YES or NO?

FYI - My wife is secretory of my company and looks after admin related stuffs and she gets salary + dividend, so I am not sure if I should say Yes or NO?

Many thanks

wpilr_nov12 · Post by **wpilr_nov12** » Mon Oct 22, 2012 4:29 pm

1. Await expert/experienced opinions on your first question.

rengasakthi wrote:Hiya,
2. While I am applying for ILR for myself I am planning to apply for extension for my wife via FLR(M).
In Page 26 of the form there is question "Are you working in the UK" do you know it will be YES or NO?

FYI - My wife is secretory of my company and looks after admin related stuffs and she gets salary + dividend, so I am not sure if I should say Yes or NO?

Many thanks

Post by **geriatrix** » Mon Oct 22, 2012 6:42 pm

Net salary + net dividend = net pay

Post any further FLR(M) queries in this forum.

rengasakthi · Post by **rengasakthi** » Tue Oct 23, 2012 4:20 pm

Ok, I am getting salary from my company everymonth, but I take dividend in non regular intervals, I.e., one month I took dividend 2 times but for the next few months I didn't take dividend at all - in this case how can I calculate my monthly income after tax? Would it be net salary+net divident for the whole year divided by 12? Is this acceptable? Because the salary and dividend are transfer as completely different transaction from business account to personal account - so there is no single document I can use to validate my monthly net income figure.

rengasakthi · Post by **rengasakthi** » Fri Dec 21, 2012 1:58 pm

Just to let you all know I got my PR yesterday in Liverpool PEO.

I actually applied for my self and my son, the office said due to recent rule changes they will not be able to grant ILR for my son simply because my wife hasn't got ILR yet, I.e., I am waiting for her 2Years in the UK to complete, but they have refunded the fee for my son's application.

I submitted the Orinal and Xerox copy of following documents:

1. SET(O) application form
2. Salary slip
3. Dividend vouchers
4. Reference letter from my accountant
5. Employer reference letter
6. Personal and Business bank statements
7. Council tax bill
8. House agreement copy
9. Life in the UK test certificate
10. P60 for the last 5years
11. 2 Photographs

As far as I know the office only checked the Life in the UK test certificate, my payslip and dividend certificate cross checked against the entries in personal bank statements.

Hope this helps.

My wife and my son's current VISA is valid until 08/2013 by the time she will complete 2years in the UK not leaving together for 2years as she was away for 6months for maternity purpose, but the officer said if I can prove that she was away only for maternity reason they may will consider giving ILR, so I am going to wait until 08/2013 and see if I they issue ILR for my wife and my son, if not I will have apply for Tier1(General)dependant extension.

cs95tdg · Post by **cs95tdg** » Fri Dec 21, 2012 2:32 pm

Congrats on getting your ILR! I take it you applied as a Tier 1 General Migrant & were self-employed? I notice you haven't mentioned anything about your absences. As this is a rather unclear area for T1G Self-Employed applicants it would help if you could mention whether you had any absences, during any periods where you were unemployed? Additionally did the case worker raise any questions about any of the absences?

rengasakthi · Post by **rengasakthi** » Fri Dec 21, 2012 3:37 pm

Yes my last visa status was Tier1 General but I was on Work Permit for 2years initially, so approx 2yrs WP +3yrs Tier1 General.

I was never unemployed in the UK. In the last 5yrs I was away from the UK about 140days - so I had no issues regarding absence. Infact I supplied a sheet which explains total number of days absence for each time I travelled probably that would have helped him.

cs95tdg · Post by **cs95tdg** » Fri Dec 21, 2012 4:26 pm

Thanks. The additional info helps. The reason for the absence related questions were because of the new (13 Dec 2012) rule changes.

So it appears that none of the applicants on this forum, who were either on a WP or who had part of their 5 year residence made up of a WP, had to provide an employer letter to confirm their work permit time absences. It would have also helped your case as you were never unemployed.

t0mmy · Post by **t0mmy** » Fri Dec 21, 2012 9:04 pm

rengasakthi wrote:Yes my last visa status was Tier1 General but I was on Work Permit for 2years initially, so approx 2yrs WP +3yrs Tier1 General.

I was never unemployed in the UK. In the last 5yrs I was away from the UK about 140days - so I had no issues regarding absence. Infact I supplied a sheet which explains total number of days absence for each time I travelled probably that would have helped him.

Congrats rengasakthi.
Can you please advise what documents you submitted for section 11L:
For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."

Did the case worker asked for any WP employer reference letters. I am a bit worried as I have changed my visa from WP to Tier 1 G. And do not have any WP employer reference letters or bank statements showing that period as its now about 4 years since I left that job.

If you see this post:
http://www.immigrationboards.com/viewtopic.php?t=121297
where the applicant had to submit a letter from the WP employer.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Dec 21, 2012 10:23 pm

Tommy, If you have P60 from your WP period, that answers first part of the question. Or HMRC letter (employment history) would do the job. If you have payslips, even better.

You would need your WP employer letter to answer any deviation from normal situation. A lot also depends on how you 'package' your applipak.

arifahmmed · Post by **arifahmmed** » Fri Dec 21, 2012 10:37 pm

t0mmy wrote: I have changed my visa from WP to Tier 1 G. And do not have any WP employer reference letters or bank statements showing that period as its now about 4 years since I left that job.

wpilr_nov12: If request employment history from HMRC would that can be use in place of employer letter because if someone can not contact his previous employer or company dissolved.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Dec 21, 2012 10:55 pm

Arif, HMRC letter would not be able to answer 'deviation from normal' between the employer and employee. Ideally those situations would have been addressed by employer when it happened, and there would have been documentation/communication of that.

rengasakthi · Post by **rengasakthi** » Sat Dec 22, 2012 8:11 am

Hi Tommy,

No, the case worker didn't ask me any employer letter, even I had P60 for the last 5years but he didn't ask me, there is possibility he may have contacted HMRC to find whether or not I have paid correct tax, is there any default payment etc..

As far as I know he only checked the last 12months payslip +dividend certificate checked against the entries in personal bank statement, he checked my previoue Tier1 VISA approval letter.

psTier1 · Post by **psTier1** » Sat Dec 22, 2012 5:25 pm

rengasakthi wrote:Just to let you all know I got my PR yesterday in Liverpool PEO.

I actually applied for my self and my son, the office said due to recent rule changes they will not be able to grant ILR for my son simply because my wife hasn't got ILR yet, I.e., I am waiting for her 2Years in the UK to complete, but they have refunded the fee for my son's application.

I submitted the Orinal and Xerox copy of following documents:

1. SET(O) application form
2. Salary slip
3. Dividend vouchers
4. Reference letter from my accountant
5. Employer reference letter
6. Personal and Business bank statements
7. Council tax bill
8. House agreement copy
9. Life in the UK test certificate
10. P60 for the last 5years
11. 2 Photographs

As far as I know the office only checked the Life in the UK test certificate, my payslip and dividend certificate cross checked against the entries in personal bank statements.

Hope this helps.

My wife and my son's current VISA is valid until 08/2013 by the time she will complete 2years in the UK not leaving together for 2years as she was away for 6months for maternity purpose, but the officer said if I can prove that she was away only for maternity reason they may will consider giving ILR, so I am going to wait until 08/2013 and see if I they issue ILR for my wife and my son, if not I will have apply for Tier1(General)dependant extension.

Congrats .... As you said you are waiting for your wife's 2 years to complete. Can you please confirm total 2 years of stay in UK or continuous 2 years in uk? Thanks

rengasakthi · Post by **rengasakthi** » Sat Dec 22, 2012 8:21 pm

Well I think its going to be on caseworker's hand really, I have been told that this kind of thigs will be taken case by case basis, the officer told me because my wife was away due to maternity reason as long as I provide valid prove about this the case worker may consider giving ILR on the basis on 2years in the UK, but if she/he is refused to accept this situation I have no option other than applying for Tier1(Gen) dependant extension for my wife and my son.

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Queries in filling SET(O) form

Queries in filling SET(O) form

Re: Queries in filling SET(O) nad FLR(M) form