ILR eligibility - queries

PrajwalS · Post by **PrajwalS** » Sun May 20, 2012 2:28 pm

Hi:

Am applying for ILR. I have been in UK from July 2007 and had been continuously in employment without break for even one day. When filling the Application form, in section 6.2, I am asked to fill the absences details. I have made few trips outside the country (for holiday). Like a weekend trip to Paris, a one month annual leave (holiday) to India. Should I mention these here.

Can anyone please confirm.

cs95tdg · Post by **cs95tdg** » Sun May 20, 2012 3:11 pm

Yes, you should list all trips to destinations outside of the UK during your residency period.

km_othpur · Post by **km_othpur** » Sun May 20, 2012 4:42 pm

Yes, PrajawalS. We have mention even short and for all the trip outside the UK irrespective of even paid or unpaid holidays.
Regards.

PrajwalS · Post by **PrajwalS** » Sun May 20, 2012 9:29 pm

Thanks cs95tdg and km_othpur!!!

PrajwalS · Post by **PrajwalS** » Mon May 21, 2012 12:55 pm

I started filling ILR Application form (Set(O) - Tier 2).

There were no specific details requested about leave of absence or the work details of the spouse. Don't we need to provide these?

Can someone please advise.

cs95tdg · Post by **cs95tdg** » Mon May 21, 2012 1:12 pm

PrajwalS wrote:I started filling ILR Application form (Set(O) - Tier 2).

There were no specific details requested about leave of absence or the work details of the spouse. Don't we need to provide these?

Can someone please advise.

As indicated in the sticky post below dependants are not subject to ILR absense requirements.
http://www.immigrationboards.com/viewtopic.php?t=79378

Q16 - Maximum absences from the UK (economic migrants)
A - Number of absences is one of the most unclear and contentious issues for ILR. Maximum allowable days out of UK are total 180 days over 5 years and not more than 90 days in a single trip. Success of applications with absences in excess of the permitted limit will depend on the evidence(s) you submit to prove your continuous residence and economic activity and will be at caseworker's discretion. Only principal migrant is subject to these (absence) requirements, not dependant(s). For absences on account of employment related overseas assignments and annual paid leaves, do include a letter from your employer. A summary of absences may also be a useful inclusion.

PrajwalS · Post by **PrajwalS** » Mon May 21, 2012 4:23 pm

Thanks cs95tdg!!!

How about the earnings of Dependent (Spouse). Do we need to submit the P60 and other details of spouse or not?

Can you please advise.

cs95tdg · Post by **cs95tdg** » Tue May 22, 2012 8:23 pm

PrajwalS wrote:Thanks cs95tdg!!!

How about the earnings of Dependent (Spouse). Do we need to submit the P60 and other details of spouse or not?

Can you please advise.

You must fill the details required for your spouse in the SET(O) form as requested. The reason they do not ask for dependent work details would be because you are the primary applicant. As your spouse is applying as your dependent her/his P60's are not required. You (Primary applicant) however should take your P60's for your residency period with you in case the CW asks for them.

Post by **geriatrix** » Wed May 23, 2012 1:44 am

PrajwalS wrote:I work for TATA Consultancy Services (TCS). I get two components in my Pay - Indian salary and UK allowance. My Indian salary will have a India payslip (shown in Indain rupees). This amount will be converted to UK Pounds and deposited in my UK account monthly.

When submitting my Payslips, I will have two every month. One for UK allowance shown in Pounds and one - Indian salary - Payslip shown in Indian rupees.

My Bank statement will have two entires every month. UK allowance and Indian salary (converted to pounds - based on exchange rate at that time.).

My Question: Will there be any problem if I submit two payslips per month (one showing in UK currency and one in Indian currency).

Post by **geriatrix** » Wed May 23, 2012 9:10 am

Assuming you were working for the said organisation at the time of you extension, then:

If they were accepted for your extension applications, they will be accepted for your settlement application.

akash08 · Post by **akash08** » Wed May 23, 2012 1:26 pm

sushdmehta wrote:Assuming you were working for the said organisation at the time of you extension, then:

If they were accepted for your extension applications, they will be accepted for your settlement application.

I am assuming he is working on Work Permit from 2007 and TCS did everything for him (else he would know the details he is asking).

So, it is probably true that he never applied for an extension himself and so the question of accepting Indian Salary for extension will not arise.

Also my friends say nowadays, both the salary components are clubbed together and paid in GBP in UK, so not sure why there is a confusion!!

The principle is however, when you are working in UK, only your UK earning will be taken into consideration.. I do not think having two payslips are a problem but if the money is paid into Indian account - that can be counted only when you are physically working in India.. same as Tier 1 earning rules.

Post by **geriatrix** » Wed May 23, 2012 1:34 pm

Apologies, I missed noting that the OP was applying under Tier 2 .. which he missed sharing in the new topic he had created ... but has done so in one earlier post in this topic.

Just highlights why multiple topics should not be created.

PrajwalS · Post by **PrajwalS** » Tue Jun 05, 2012 12:24 am

I work for TCS (tier 2 ICT). My CoS shows my role as Project Leader. Can anyone tell me what is the COP for my role. I meant what should be mentioned in my Employer letter.

Alos, recently my role got elevated to Project manager. so, should the employer letter mention as Project Manager or Project leader. Also, please let me know what is the COp for Project Leader and also for Project Manager (working for TCS).

Post by **geriatrix** » Tue Jun 05, 2012 4:24 am

PrajwalS wrote:Can anyone tell me what is the COP for my role.

Codes of practice for sponsored workers

SOC code depends on the job description or job responsibilities, rather than title / designation. So you are the best person to figure out the appropriate SOC code for the "job" that you yourself do. The next best source of such information is your employer / sponsor.

Once you have determined the SOC codes for both PL and PM, share them with us. Then members will be able to suggest what needs to be done with regards to your settlement application.

PrajwalS · Post by **PrajwalS** » Tue Jun 05, 2012 10:39 am

Thanks!!! My CoS shows Project Leader. Also, all my COS extensions (two times), shows my role as Project Leader. That is the reason, am asking what is the SOC. Also, does that mean my company would have used specific SOC when applying for my COS.

PrajwalS · Post by **PrajwalS** » Tue Jun 05, 2012 10:47 am

Thanks sushdmehta for the link.

From the link you have provided, the closest one is SOC 2132 (Software Professionals). The role in this list is Project Leader. The next closest is 2131 (IT Strategy and planning professions). The role in this list is Project manager.

Can you please advise which SOC should I have in the employer letter.

Post by **geriatrix** » Tue Jun 05, 2012 10:06 pm

A change in SOC generally means change in core duties which in turn requires a change in employment application to be submitted.

PrajwalS wrote:Also, does that mean my company would have used specific SOC when applying for my COS.

Yes, so check with them first.

Like I said, no one but you or your employer can determine the most appropriate SOC for the job that you do.

2013 · Post by **2013** » Wed Jun 06, 2012 10:01 pm

Prajwal

You can try getting details through SAR application. You can ask for SOC code through SAR request.

cheers

Post by **geriatrix** » Wed Jun 06, 2012 11:01 pm

PrajwalS,

Please keep your queries about a topic consolidated under one topic ... rather than cluttering the forum with a new topic for every question that you have regarding the same topic / application - your ILR application.

Please read this topic carefully.

PrajwalS · Post by **PrajwalS** » Thu Jun 07, 2012 7:49 pm

Sorry for any inconvenience caused. I was just asking queries related to different topics (like P60's one time, 28 days rule another time). So, though different subject lines are needed and so posted new topics. I will stick to this topic. I have couple of queries - Am mentioning below . Please help.

PrajwalS · Post by **PrajwalS** » Thu Jun 07, 2012 7:56 pm

1)My annual salary in my CoS is less tha the salary which was shown in my P60 (about 12k difference). Is this OK?
2) I work for TCS. My CoS extension was issued about one year back. My Indian component of the salary increased from then. So, P60 shows more. Am not sure if this is OK.
3) To get an employer letter, there is a format we need to submit. It says, gross salary as shown in CoS. So, my Employer letter will show my salary as the one in CoS. My question is - should the salary shown reflect the one in CoS or the one in latest P60. Should I ask my empoyer to reflect the P60 salary in the Employer letter?

Can you please advise.

PS: There is no gross UK salary defined in TCS. I get allowance every month in UK pounds and Indian salary (Payslip in rupees - Amount converted to pounds and deposited in UK bank)

Post by **geriatrix** » Thu Jun 07, 2012 8:57 pm

1. Yes (e.g. - increase in salary as a result of annual appraisal / promotion).
2. Without commenting on whether or not the practice followed is in compliance with UK tax laws, as above.
3. The immigration rule 245GF(e) explains what a letter from employer must state. The letter does not need to specify your current salary - only that your current salary is at least equal to or more than the rate specified in the COP.

PrajwalS · Post by **PrajwalS** » Thu Jun 07, 2012 11:05 pm

Thanks sushdmehta!!!
One additional Q:
I have annual salary - not hourly pay.
In Page 11 of Set(O)
What should we fill for the line 'Number of hours this salary is based on'?

Please advise.

Number os weekly hours - I can add '40' here.

Post by **geriatrix** » Fri Jun 08, 2012 9:35 am

If it is 40 hours that you work per week and the same was specified in the CoS (I believe this information is required when applying for CoS, then sure. Else, check with employer.

PrajwalS · Post by **PrajwalS** » Fri Jun 08, 2012 5:46 pm

Sushdmehta:

There are two rows to be filled in the form:

1) Row 1: Number of hours this salary is based on - I need help on what this should be.

Please advise.

2) Row 2: Number os weekly hours : For this, I know the info to be added - 40 hours

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ILR eligibility - queries

ILR eligibility - queries

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