SET(O) 11L - WP + Tier 1

nirav.shah83 · Post by **nirav.shah83** » Thu Mar 07, 2013 2:56 pm

Hello!

I've been reading several posts on the 11L question of SET(O) form and I think this applies to my application.

But I still have some confusion. Can some of the elders help please?

(1) Does this mean I should be filling up question 9A:
(a) for the last 12 months preceding my ILR application? OR
(b) for the 12 months preceding my Tie 1 application?

(2) And the evidence I need to provide for 9A would be for both (a) AND (b) above. Right?

(3)Also, I don't think I have my P60s for all five years. Can I provide my payslips+bank statements for (a) and (b) above?

Many Thanks!
Nirav

cs95tdg · Post by **cs95tdg** » Thu Mar 07, 2013 4:18 pm

As you are applying for ILR as a Tier 1 General Migrant, you would need to score the necessary points for previous earnings made during any consecutive 12 month period during the 15 months immediately prior to your ILR application date. This is what section 9A of the SET(O) form is referring to.

For the period you were on a WP, you should provide your WP letter along with your P60's or HMRC employment history to prove that you met the terms of your WP during that residence period. This will satisfy the requirement stated under 11L.

Note that there is no requirement to provide bank statements or payslips covering the entire 5 year residence period.

nirav.shah83 · Post by **nirav.shah83** » Thu Mar 07, 2013 4:28 pm

Thats very re-assuring. Thanks very much for the answer, cs95tdg

I will request my employment history from HMRC now.

Also, what exactly is the WP letter? Is it the same as the actual WP (which is a letter type document and not stamped in the passport?)

cs95tdg · Post by **cs95tdg** » Thu Mar 07, 2013 5:09 pm

nirav.shah83 wrote:Also, what exactly is the WP letter? Is it the same as the actual WP

Yes. It's the WP.

nirav.shah83 · Post by **nirav.shah83** » Fri Mar 08, 2013 9:02 am

Thanks Again !!

settlehere · Post by **settlehere** » Sun Mar 10, 2013 9:53 pm

cs95tdg wrote:As you are applying for ILR as a Tier 1 General Migrant, you would need to score the necessary points for previous earnings made during any consecutive 12 month period during the 15 months immediately prior to your ILR application date. This is what section 9A of the SET(O) form is referring to.

For the period you were on a WP, you should provide your WP letter along with your P60's or HMRC employment history to prove that you met the terms of your WP during that residence period. This will satisfy the requirement stated under 11L.

Note that there is no requirement to provide bank statements or payslips covering the entire 5 year residence period.

The way they have structured the sentence is very confusing!
It looks like we have to provide details for 2 periods, one to claim Tier 1 points now and one when Tier 1 was approved.

Going through other applications I guess what cs95tdg has said is the right interpretation.

Now, I have a question. And this has been worrying me just a little (given sometimes it is dependent on the case workers judgement)
Is the validity of approval for previous tier 1 checked?

I was on WP for 2 years, I met the salary requirement for my sponsorship both the years, and then applied for my tier 1, I was eligible for tier 1 based on earnings I got from some bonuses that year, twice that year (almost 6 months apart but on 2 different tax years).
There were also some salary adjustments made as I was paid a little more than I should have.

So, if we look at my P60s I wouldnt have the salary I qualified for with my tier 1 for in that year , I earn enough now and qualify for the points.

Should I go around getting those pay slips again, I have managed to get an appointment next week and would like to avoid it as I didnt depart the best way with my ex employers.

cs95tdg · Post by **cs95tdg** » Sun Mar 10, 2013 9:59 pm

settlehere wrote:So, if we look at my P60s I wouldnt have the salary I qualified for with my tier 1 for in that year , I earn enough now and qualify for the points.

I'm not totally sure I have understood your concern correctly. But if you are worrying over a change in your salary while you were under a Tier 1 visa and now when you are applying for ILR, then there is no reason to. And neither is there any requirement that you earn the same or more than what you were earning when your first Tier 1 visa was approved. So long as you qualify with the necessary points at the time you apply for ILR, you will be fine.

It's different when you are applying for ILR under a employer sponsored immigration category, because you need to ensure that you met the terms of sponsorship during your residence period.

settlehere · Post by **settlehere** » Sun Mar 10, 2013 10:10 pm

cs95tdg · Post by **cs95tdg** » Mon Mar 11, 2013 7:59 pm

settlehere wrote:At the time of application,
1. I got a bonus in Feb 2009 & Sept 2009 (a small percentage of my salary)
2. I was overpaid from Sept 2009 till Dec 2009.

These 2 factors gave me enough salary to qualify for tier 1 (45K)

The over pay of salary was adjusted in my pay in Feb and March 2010,

So if we look at the P60s issued in April 2009 & April 2010, both of them dont show the salary I claimed for my tier 1 application.

the issue i am facing is , is there a possibility for them to validate my previous tier 1 application.

I see no issue in the fact that you claimed points for the earnings mentioned under point 1 in your initial Tier 1 application, because that bonus was part of your income. It's point 2 that I'm not totally sure about, as in essence what you are saying is that this particular income was paid to you in error (for whatever reason) and therefore subsequently deducted after your T1 application was made/approved. Technically, at the time you apply for ILR, you are not required to again submit evidence which was submitted as part of your initial T1 application. But whether or not point 2 above could become an issue would depend on whether the UKBA notice an anomaly and decide to investigate. I have seen cases posted on this forum, where an initial application has been approved and then at the point of a subsequent application, that application has been declined, due to deception (E.g. false qualifications) which was uncovered later.

Just to make sure I have understood what you have said correctly, am I correct in understanding that you would not have qualified for your initial T1 visa, without the income mentioned under points 1) & 2) above?

tier-1 · Post by **tier-1** » Mon Mar 11, 2013 10:09 pm

Hello cs95tdg,

I was on WP for just two months. From 06-April-08 to 28-May-08. What would be appropriate document for section 11L?

Anyone, any suggestion?

Many Thanks for your reply.

cs95tdg · Post by **cs95tdg** » Mon Mar 11, 2013 10:16 pm

tier-1 wrote:I was on WP for just two months. From 06-April-08 to 28-May-08. What would be appropriate document for section 11L?

Your WP and P60 (or payslips for those two months) for that year should do.

sudhirdige · Post by **sudhirdige** » Mon Mar 11, 2013 10:24 pm

cs95tdg wrote:
tier-1 wrote:I was on WP for just two months. From 06-April-08 to 28-May-08. What would be appropriate document for section 11L?
Your WP and P60 (or payslips for those two months) for that year should do.

Is WP letter is absolutely necessary? My wife is applying for ILR on Thursday..1st 6 months of her qualifying period she was on WP ..she has p60 and payslips for those months but doesn't have WP letter, will this be a problem? Now she is on tier-1G

cs95tdg · Post by **cs95tdg** » Mon Mar 11, 2013 10:30 pm

sudhirdige wrote:
cs95tdg wrote:
tier-1 wrote:I was on WP for just two months. From 06-April-08 to 28-May-08. What would be appropriate document for section 11L?
Your WP and P60 (or payslips for those two months) for that year should do.
Is WP letter is absolutely necessary? My wife is applying for ILR on Thursday..1st 6 months of her qualifying period she was on WP ..she has p60 and payslips for those months but doesn't have WP letter, will this be a problem? Now she is on tier-1G

It would be easier if she did, or had a letter from that employer, but not mandatory, as the UKBA would have a copy of that WP under her records. I presume she still has the passport, containing the EC for that WP? If so then that should be okay.

sudhirdige · Post by **sudhirdige** » Mon Mar 11, 2013 10:33 pm

cs95tdg wrote:
sudhirdige wrote:
cs95tdg wrote:
tier-1 wrote:I was on WP for just two months. From 06-April-08 to 28-May-08. What would be appropriate document for section 11L?
Your WP and P60 (or payslips for those two months) for that year should do.
Is WP letter is absolutely necessary? My wife is applying for ILR on Thursday..1st 6 months of her qualifying period she was on WP ..she has p60 and payslips for those months but doesn't have WP letter, will this be a problem? Now she is on tier-1G
It would be easier if she did, or had a letter from that employer, but not mandatory, as the UKBA would have a copy of that WP under her records. I presume she still has the passport, containing the EC for that WP? If so then that should be okay.

Yes her passport has ec stamp-as far as I know you have to submit your WP letter when you apply for your ec ....thanks for your reply..

tier-1 · Post by **tier-1** » Wed Mar 13, 2013 7:50 am

Hello Guys,

I only have the WP letter with me. Salary slip and P45 is not available with me the two month of WP.

What options I have now?

Thanks.

cs95tdg · Post by **cs95tdg** » Wed Mar 13, 2013 9:56 pm

tier-1 wrote:I only have the WP letter with me. Salary slip and P45 is not available with me the two month of WP.

What options I have now?

How about your P60's, do you have them? If you don't, then you can request your Employment History from HMRC.

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SET(O) 11L - WP + Tier 1

SET(O) 11L - WP + Tier 1