Work permit to ILR

[tsujay]

Hello All,

I am currently working on work permit since Sept 2008 and will be eligible to apply for ILR in sept 2013.

My current salary is £21000 per annum working 37.5 hour per week

According to code of practice, salary needs to be £23000 for a 40 hour working week.

I want to know whether this salary requirement applies to work permit holder or not?

If applies,
1. For how many months should I be getting this salary i.e. should I get this salary for 12 months or 3 months prior to applying visa, as UKBA asks only 3 months bank statement and a letter from company confirming the pay.
2. Can the salary be pro-rata to 37.5 hours?

Thanks in Advance

[geriatrix]

Under current rules:

1. See 134.
2. Yes, the salary can be pro-rated to 37.5 hours / week if your employment contract is for 37.5 hours per week.

[wpilr_nov12]

Hello All,
....
According to code of practice, salary needs to be £23000 for a 40 hour working week.
...

You need to be doubly sure that that salary is based on 40 hours per week. COP salary is usually 37.5 hours.

[tsujay]

Thanks for the reply, Sushdmehta.

I am bit confused - What is the difference between (i) the applicant's most recent payslip and (1) an original payslip (see below extract). They are asking for both.

Also, Is it required to submit P60. If yes, then my pay history can be seen by the caseworker. Nowhere they have mentioned to submit P60 but few people in forum has mentioned to submit P60.


"134-SD Specified documents

The specified documents referred to in paragraph 134(v) are either a payslip and a personal bank or building society statement, or a payslip and a building society pass book.

(a) Payslips must be:

(i) the applicant's most recent payslip,

(ii) dated no earlier than one calendar month before the date of the application, and

(iii) either:

(1) an original payslip,
(2) on company-headed paper, or
(3) accompanied by a letter from the applicant's Sponsor, on company headed paper and signed by a senior official, confirming the payslip is authentic."




[quote="sushdmehta"]Under current rules:

1. See [url=http://www.ukba.homeoffice.gov.uk/polic ... les/part5/]134[/url].
2. Yes, the salary can be pro-rated to 37.5 hours / week if your employment contract is for 37.5 hours per week.[/quote]

[geriatrix]

Most recent payslip dated no earlier than one calendar month before the date of the application that satisfies any of the stated (3) conditions.

[gugu84]

hi there
you should have 3 months payslips..
the 3 months should at least show the SOC code for 37.5hrs
cheers

[gugu84]

check my post, i just got ILR
cheers

[geriatrix]

hi there
you should have 3 months payslips..
the 3 months should at least show the SOC code for 37.5hrs
cheers

check my post, i just got ILR
cheers

If you were asked for 3 payslips, and you were ignorant to not have questioned the caseworker why, doesn't mean that is the requirement. What happened with you does not make it a rule / policy.

[gugu84]

that is what they asked for and it seems that on their request paper there was a part where it says 3 months payslips, yes or no.
it is the same as P60, some ask for it despite that it is not mentioned in the requirement

[wpilr_nov12]

This is what the (CW) Guidance says on page 41 in relation to WP and payslips:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The SET O application form has been amended to remove the requirement to provide three months pay slips, as this requirement was never included in the rules. However, you can ask the applicant for their most recent pay slip or their contract of employment to support their employer. You cannot refuse an application solely if they do not provide the pay slips. "

But it looks like the CW are not strictly going by this, instead playing it safer.

[gugu84]

hi members
i am not saying it is a prerequisite. i am just saying it is safer to produce 3 instead of 1.
the rest is up to you as to how many you want to produce?
it is just from my experience and not from the regulations in the papers
cheers