ILR documents check for work permit for 5 years

[latte]

Hello,
on the application form, it just says the letter from the employer, but is there a case that home office requires payslips? I'm not exactly full time employed therefore worried about the wage if the home office has strict guidence on minimum wage for work permit holder to prove..
and
Is it possible to change jobs while on 5 years work permit? If so, do I need to inform the home office for the change? does this affect the application on ILR?

[try-one]

Hi Latte;
Your work permit approval from the Home Office should have the authorized salary; any salary change, role change or employer change has to be informed and authorized by the home office.
I'm not sure, but I would expect a work permit to be for full time employment. If you are not full time employed then it is difficult to understand how you got a work permit.
The case worker for the ILR may ask for proof that you can support yourself (payslips or bank statements).
Your work permit is for a particular role with a particular employer; regardless if the entry clearance says that you have five years, this is only valid if you are still working for the same employer on the same role. You can change employers only after the new employer has got a new work permit for you; if you work for someone before the WP is approved you would be breaking the immigration conditions of the previous WP.

Not to sugar coate this (and apologies if I'm wrong), it looks like you are already breaking the conditions of your work permit; not working full time and asking about changing employers.....a case worker can easily see your national insurance or Inland revenue records and find out if you are illegally working.

[sakura]

Yes, can you explain for us, Latte, what the conditions of your employment has been...have you been working FT or PT, have you changed employers without getting a new work permit, etc? If you change employment you need a new work permit.

And....are you saying you have not been paid minimum wage whilst working?

[latte]

Hi, thanks for your replies. Sorry I was trying to make it short and simple to be understood not going into details first.. it might have made little confusing..!
ok I explain little more, I'm working on pro rata about 18k but work only 4 days instead of 5 days.(my work permit application has no definition of FT or PT) and I have not changed/found a new job yet as I did not want any trouble with immigration laws. but just thinking of changing if possible.
It's not linked in anyway, but on top of this 4 days work, I do freelance work (from my home country where I pay tax for this) which is irregular, but with these 2 combined I am supporting my living here in the UK, not breaking any laws. But I thought explaining this 2 jobs to HO would be a risk and my boss said he could write a formal letter explaining either, I work 5 days (if my payslips will not checked ib application) or explaining why my role only requires 4 days. (if my payslips/salary will be checked).
So my question is that, does HO often check salary or tax for this 5 years work permit application?

Thanks so much for your help..!

[Wanderer]

It's not linked in anyway, but on top of this 4 days work, I do freelance work (from my home country where I pay tax for this) which is irregular, but with these 2 combined I am supporting my living here in the UK, not breaking any laws.

Have you checked this with a tax consultant? Have you checked if there is a double taxation agreement with the UK and your home country?

I'm not tax expert but I'd imagine the IR would take the view that you earned it here, you pay taxes on it here. Which would also bring up a greater worry that you may be breaking the terms of your WP.

I'd seek expert advice.

[latte]

It's not linked in anyway, but on top of this 4 days work, I do freelance work (from my home country where I pay tax for this) which is irregular, but with these 2 combined I am supporting my living here in the UK, not breaking any laws.

Have you checked this with a tax consultant? Have you checked if there is a double taxation agreement with the UK and your home country?

I'm not tax expert but I'd imagine the IR would take the view that you earned it here, you pay taxes on it here. Which would also bring up a greater worry that you may be breaking the terms of your WP.

I'd seek expert advice.

Hi Wanderer, thanks for your advice. I have not checked the tax matter at all, but the irregular freelance money I get from my home coutry is I'm sure not taxable in the UK, I can prove this by contacting my clients companies.
But, is whole point of proving my ability to support finabcially for the WP on 5 years, based on WP salary? or Can I include some other funds from my family? as I still do keep home coutry bank accounts and occasionally I get money from my family, will this support my application or, does this reversly make HO think I'm not downed enough with the UK? (I've always have and am intending to stay here legally though..)
thanks

[try-one]

Hi Latte;

I would suggest you expand on a few areas to get better advise:
1- The moment your current employer got a work permit approval letter, what was the supporting explanation presented by your employer to the home office in regards to the type of role and salary?
2- Has that role changed since then regarding time requirements, salary or remuneration?

I doubt that HO would have issued a part time work permit, I doubt that HO would have issued a WP for a salary that would not be enough for a foreigner to live in the UK. You have already (it seems like) applied for ILR on the 10 year rule, your current information related to the work permit shows that your ILR application based on the 5 years WP would also fail if you do work for less time/salary than authorized.

[latte]

Hi Latte;

I would suggest you expand on a few areas to get better advise:
1- The moment your current employer got a work permit approval letter, what was the supporting explanation presented by your employer to the home office in regards to the type of role and salary?
2- Has that role changed since then regarding time requirements, salary or remuneration?

I doubt that HO would have issued a part time work permit, I doubt that HO would have issued a WP for a salary that would not be enough for a foreigner to live in the UK. You have already (it seems like) applied for ILR on the 10 year rule, your current information related to the work permit shows that your ILR application based on the 5 years WP would also fail if you do work for less time/salary than authorized.

Thanks, try-one.
Yes, I've applied ILR based on 10 years of residence and got refused because of a month gap where HO's system shows I was staying illegally tho I was awaiting for my visa renewed. (see my other topic-making an appeal on refused ILR application-)
I want to change jobs if possible that is why I applied now wthan wait till Oct 2008 when my WP terminates and I can apply ILR based on 5 years WP.
Regarding my WP acceptance, it shows my job title as Export sales manager and salary 18k which has not changed since. No mention about FT or PT. (I've checked on immigration and border agency web too, but no mention of FT or PT, if the salary is good enough to support myself and the job is genuine, won't it be enough? I wonder..)
As my 10 years application failed and if I don't make my appeal succesfull to prove the gap was during awaiting time for visa, I'll have to make sure my WP ILR is good in 2008 Oct when I can apply, that's why I'm already seeking good advice on this.
I may start working FT now so I won't make the WP application difficult.
That goes back to my first topic question, what documents will I need for ILR based on WP 5 years.
-SET(o) jusyt says, current WP (does this mean passport stamp? or acceptnace letter?) and a letter from the employer saying the person is still needed in the company.
anyone made application on this, asked any more documents?

Thanks so much for all the comments and help, I can't express enough for sharing thoughts ease the stress that I'm very frustrated and worried, but so greatfull with this wonderful forum!! (wish I found this before I made failed application.. )

[Unwanted]

Hello,
on the application form, it just says the letter from the employer, but is there a case that home office requires payslips? I'm not exactly full time employed therefore worried about the wage if the home office has strict guidence on minimum wage for work permit holder to prove..
and
Is it possible to change jobs while on 5 years work permit? If so, do I need to inform the home office for the change? does this affect the application on ILR?

Hi Latte

Full credit to you for your ability to seek help. That was my first PM!

You have a lot of questions on the board and being rather confused on what exactly you are after, I'll respond to your original post above.

Payslips - In addition to the letter from the employer, I submitted my P60s for the full 5 years. The NCS lady told me this was more to prove that I had worked for the same company than to show my actual income.

Changing Jobs - Yes, you need to inform the HO if you change jobs because you effectively need a new work permit as each WP is specific to an employer.
If you are talking about ROLES with the SAME company, I'm not too sure about that. My role changed considerably over the 5 years as I moved up the career ladder. It was however a 'natural progression' rather than an internal job change.

[latte]

Payslips - In addition to the letter from the employer, I submitted my P60s for the full 5 years. The NCS lady told me this was more to prove that I had worked for the same company than to show my actual income.

Changing Jobs - Yes, you need to inform the HO if you change jobs because you effectively need a new work permit as each WP is specific to an employer.
If you are talking about ROLES with the SAME company, I'm not too sure about that. My role changed considerably over the 5 years as I moved up the career ladder. It was however a 'natural progression' rather than an internal job change.[/quote]

Hi unwated, sorry for the delay in thanking you for the infomation.
Not sure if you are around int his forum as you got ILR already, nevertheles, let me thank you for the advice.
Just one more thing, did you "have to" submit P60 for 5 years? or was it completely voluntary? and did you apply via post or in person?
Yes, I agree on job changes, my work has only 20 something employees small independent company and I've taken up more and more responsibility which include outside what was originally issued for WP itself.
Just noticed, I've not heard anything on "how related the jobs have to be" question, can someone help please?

thanks,

latte