WP Holder: Absence Query: P45 issued

ilrseekerlondon · Post by **ilrseekerlondon** » Fri Feb 01, 2013 12:41 am

Dear All,

I entered UK in jan 2007 on a WP and have had extensions from then on in:
Ext 1: Dec 2008: New Tier 2 applied from India when I was there for vacation, during this time my earlier WP was valid
Ext 2: Dec 2010: Cos
Ext 3: Dec 2012: Cos

The issue with my case is:

A. One single absence of 143 days, unpaid in UK
B. During this financial year my company issued a P45

For point A i have gathered a lot of info now but point B is something I am not clear about. If any exp. member can help me know if the P45 is going to create any issues for me.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Feb 01, 2013 12:08 pm

1. Please give complete dates for each of the following:

WP Visa stamp date
UK entry date
WP Visa exp date

Ext 1 applied on
Ext 1 start date
Ext 1 exp date

Ext 2 ...

Ext 3....

When you say you were issued P45, what is your employment situation now?
When was it issued?

ilrseekerlondon · Post by **ilrseekerlondon** » Fri Feb 01, 2013 12:45 pm

Dear WPILR

When you say you were issued P45, what is your employment situation now?
When was it issued?

Currently I am employed with the same employer. They had issues the P45 at the end of FY 10 as I was in India on deputaion from 1st dec 2009 to 28th april 2010. From Fy11 onwards they have been issuing P60 form. Do you feel that this will cause an issue.

1. Please give complete dates for each of the following:

WP Visa stamp date
UK entry date
WP Visa exp date

Ext 1 applied on
Ext 1 start date
Ext 1 exp date

Ext 2 ...

Ext 3....

My Passport has gone for T2ICt extension currently, so i dont have the exact dates now.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Feb 01, 2013 1:36 pm

Gagan was in similar situation but for different reason.. his experience might be helpful

http://www.immigrationboards.com/viewtopic.php?t=124453

Gagan1986 · Post by **Gagan1986** » Wed Feb 06, 2013 8:30 am

Hi ILRSeeker,

For Point B- Did your employer give you a reason why they issued p45? Glitch in the system?

Normally WP/Tier 2 categories CW don't ask for P60's for all the 5 years as per my experience and others on this forum but there has been instances applicants have been asked for it.

The best way out to be on the safer side is to get your employer to write a letter explaining the error, and keep that copy with you in case CW asks for it(if applying via PEO)

ilrseekerlondon · Post by **ilrseekerlondon** » Wed Feb 06, 2013 9:32 am

Gagan1986 wrote:Hi ILRSeeker,

For Point B- Did your employer give you a reason why they issued p45? Glitch in the system?

Normally WP/Tier 2 categories CW don't ask for P60's for all the 5 years as per my experience and others on this forum but there has been instances applicants have been asked for it.

The best way out to be on the safer side is to get your employer to write a letter explaining the error, and keep that copy with you in case CW asks for it(if applying via PEO)

Hi Gagan,
P45 was issued for me for that year as i was in India on deputation from Dec 2009 to April 2010, my understanding was that since I was in India for the last 4 months of they year hence they issued the P45.

For my case i feel they might ask for the P60 of all the five years to check my economic activity i.e. UK salary for the 143 days that I was away to india. Is there any way to mitigate this?

Regards,
Saurabh.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Feb 06, 2013 9:36 am

Could you put all events in an orderly manner.. starting with when initial WP visa was stamped...

People do not normally like having to put bits and pieces of information together to understand your situation.
Thanks

ilrseekerlondon · Post by **ilrseekerlondon** » Wed Feb 06, 2013 10:01 am

wpilr_nov12 wrote:Could you put all events in an orderly manner.. starting with when initial WP visa was stamped...

People do not normally like having to put bits and pieces of information together to understand your situation.
Thanks

Dear Guru,

Sure will do that and start a new thread once I get my passport back from UKBA its gone for WP extension currently.

Regards,

cs95tdg · Post by **cs95tdg** » Wed Feb 06, 2013 10:16 am

ilrseekerlondon wrote:Sure will do that and start a new thread once I get my passport back from UKBA its gone for WP extension currently.

Please continue under this thread, rather than creating a new one when you get the required information.

ilrseekerlondon · Post by **ilrseekerlondon** » Wed Feb 06, 2013 10:51 am

cs95tdg wrote:
ilrseekerlondon wrote:Sure will do that and start a new thread once I get my passport back from UKBA its gone for WP extension currently.
Please continue under this thread, rather than creating a new one when you get the required information.

Ok Sir.

Gagan1986 · Post by **Gagan1986** » Wed Feb 06, 2013 10:55 am

ilrseekerlondon wrote:
Gagan1986 wrote:Hi ILRSeeker,

For Point B- Did your employer give you a reason why they issued p45? Glitch in the system?

Normally WP/Tier 2 categories CW don't ask for P60's for all the 5 years as per my experience and others on this forum but there has been instances applicants have been asked for it.

The best way out to be on the safer side is to get your employer to write a letter explaining the error, and keep that copy with you in case CW asks for it(if applying via PEO)
Hi Gagan,
P45 was issued for me for that year as i was in India on deputation from Dec 2009 to April 2010, my understanding was that since I was in India for the last 4 months of they year hence they issued the P45.

For my case i feel they might ask for the P60 of all the five years to check my economic activity i.e. UK salary for the 143 days that I was away to india. Is there any way to mitigate this?

Regards,
Saurabh.

There is a way around it. Even if you had a P45 given from your employment HMRC will still be able to provide you with details of P60 for that financial year. My case was very similar to yours. Once you get your passport back, send the details over wen you will be ready to apply for ILR.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Feb 06, 2013 10:58 am

Also need to find out if your leave was curtailed or UKBA notified of this.

ilrseekerlondon · Post by **ilrseekerlondon** » Wed Feb 06, 2013 11:09 am

Gagan1986 wrote:
ilrseekerlondon wrote:
Gagan1986 wrote:Hi ILRSeeker,

For Point B- Did your employer give you a reason why they issued p45? Glitch in the system?

Normally WP/Tier 2 categories CW don't ask for P60's for all the 5 years as per my experience and others on this forum but there has been instances applicants have been asked for it.

The best way out to be on the safer side is to get your employer to write a letter explaining the error, and keep that copy with you in case CW asks for it(if applying via PEO)
Hi Gagan,
P45 was issued for me for that year as i was in India on deputation from Dec 2009 to April 2010, my understanding was that since I was in India for the last 4 months of they year hence they issued the P45.

For my case i feel they might ask for the P60 of all the five years to check my economic activity i.e. UK salary for the 143 days that I was away to india. Is there any way to mitigate this?

Regards,
Saurabh.

There is a way around it. Even if you had a P45 given from your employment HMRC will still be able to provide you with details of P60 for that financial year. My case was very similar to yours. Once you get your passport back, send the details over wen you will be ready to apply for ILR.

Sure Gagan, I will post the details as soon as I get my passport back. Actually I know I will be beaten here for this but I do have my P60 details for that particular year, this is there in the last page of the P45 docuement set issued to me by company, the only fact that is worrying me is if the P45 has been shared with HMRC, is there any way to find it out. Two additional points for your consideration:
1. I came back on my same visa to UK
2. In my P60's for the last two years my date of start is mentioned as 28th April i.e. the date on which I came back from my long absence.

ilrseekerlondon · Post by **ilrseekerlondon** » Wed Feb 06, 2013 11:11 am

wpilr_nov12 wrote:Also need to find out if your leave was curtailed or UKBA notified of this.

Dear Guru,

Can you please suggest how I can find this out i.e. if UK BA was notified of this. I doubt if this was done by my company as I travelled back on my same visa, had they informed the UKBA then I believe I would have been stopped during my immigration checks.

Regards,
ILR Seeker

Gagan1986 · Post by **Gagan1986** » Wed Feb 06, 2013 11:27 am

ilrseekerlondon wrote:
wpilr_nov12 wrote:Also need to find out if your leave was curtailed or UKBA notified of this.
Dear Guru,

Can you please suggest how I can find this out i.e. if UK BA was notified of this. I doubt if this was done by my company as I travelled back on my same visa, had they informed the UKBA then I believe I would have been stopped during my immigration checks.

Regards,
ILR Seeker

My P60 report showed the same thing with a new start date. And you are right if your leave was curtailed then you would have been stopped at the immigrations which happened to me. But in the hindsight UKBA takes ages to update their system an I was stopped after an year( though I travelled for about 2 times in between the absence and the time I was stopped. So there is every possibility your leave could have been curtailed. You can only find out by requesting a SAR report or contacting your HR and asking them if they contacted Home office after you left them for the long absence.

ilrseekerlondon · Post by **ilrseekerlondon** » Wed Feb 06, 2013 11:33 am

Gagan1986 wrote:
ilrseekerlondon wrote:
wpilr_nov12 wrote:Also need to find out if your leave was curtailed or UKBA notified of this.
Dear Guru,

Can you please suggest how I can find this out i.e. if UK BA was notified of this. I doubt if this was done by my company as I travelled back on my same visa, had they informed the UKBA then I believe I would have been stopped during my immigration checks.

Regards,
ILR Seeker
My P60 report showed the same thing with a new start date. And you are right if your leave was curtailed then you would have been stopped at the immigrations which happened to me. But in the hindsight UKBA takes ages to update their system an I was stopped after an year( though I travelled for about 2 times in between the absence and the time I was stopped. So there is every possibility your leave could have been curtailed. You can only find out by requesting a SAR report or contacting your HR and asking them if they contacted Home office after you left them for the long absence.

Thanks Gagan, I will check this out with my HR right away.

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WP Holder: Absence Query: P45 issued

WP Holder: Absence Query: P45 issued