WP+HSMP+Tier 1 General and ILR / Expert advice needed

[wpleo]

Dear all

I would appreciate if you could provide some advice with regard to my following queries.

I had my initial WP letter in Nov2005 as applied for by the employer then, but I did'nt get the WP stamp on passport until Feb2006. I then switched to HSMP which was approved in Oct 2006 and stamped in Dec 2006 for 2 years, and lastly I had an extension to Tier 1 until Dec 2011.

As I understand, a WP period can be counted towards the 5 years requirement which I need as my HSMP was approved after April 2006 hence JR doesn't apply in this case.

I have a query regrading the above and some general questions related to ILR application:

1. Would the 5 years qualifying period start ticking from Nov 2005 when WP letter was issued, or from Feb 2006 as per WP stamp, which in this case means I will only be eligible to apply in Feb 2011?

2. With regard to financial activities proof, would it be sufficient to supply evidence from the time when Tier 1 was issued, as all evidence prior to that was verified during that application and previous HSMP one? The guidance on UKBA is not entirely clear on this, as for those applying from Tier 1(section 9L) it mentions - rather vaguely - the previous periods in other categories have to satisfy the requirement?

3. Are payslips/Bank statements for the required period considered sufficient for this purpose, as opposed to p45/p60? ( which by the way I think I have most p45s but not sure about all p60s). I have read various opinions on this over here, but in all my previous applications in the past I only supplied payslips/statements and that was fine, and again the guidance doesn't really specify this clearly.

4. Finally, as I will be applying from Tier 1 category, is a letter from an employer required? Again the guidance doesn't mention this for those applying from Tier 1 , although it is listed for those applying from WP.


I hope I haven't made my questions too complicated, and will appreciate your kind advice regarding the above.


Many thanks.

[geriatrix]

If you were issued leave to enter (as a WP holder), then your ILR clock started on the day you entered UK. If you were issued leave to remain as a WP holder, then your ILR clock started on the date of issue of the LTR.

Assuming you switched to HSMP while you were in UK with a valid leave to enter/remain as WP holder, you will complete the residential requirement to qualify for ILR after having lived in the UK for 5 years.

regards

[wpleo]

On what date did you enter UK?

regards

Oh sorry, did not mention that bit. I was in the UK already prior to that and WP was issued as LTR, and then I switched to HSMP straight from WP.

[wpleo]

If you were issued leave to enter (as a WP holder), then your ILR clock started on the day you entered UK. If you were issued leave to remain as a WP holder, then your ILR clock started on the date of issue of the LTR.

Assuming you switched to HSMP while you were in UK with a valid leave to enter/remain as WP holder, you will complete the residential requirement to qualify for ILR after having lived in the UK for 5 years.

regards

Thanks for your quick reply.

In this case, am I right in assuming the 5 years will be completed in Nov 2010, as WP letter was issued as LTR, despite the fact the passport did not get stamped until Feb06?

[geriatrix]

as WP letter was issued as LTR

A WP letter is nothing but an approval / authorisation letter, just like an HSMP approval letter. On the basis of this letter, one applies for either leave to enter (Entry Clearance) from outside the UK or leave to remain (LTR) from within UK. Entry Clearance (EC) or Leave to remain (LTR) is the vignette (sticker) that's stamped on your passport.

Since your passport was stamped in Feb '06, that's when your ILR clock started.

regards

[wpleo]

Since your passport was stamped in Feb '06, that's when your ILR clock started.

regards

Thanks again for your reply. I guess then its another 12 months wait until feb11.

Anyone can advice with my other queries?


Cheers for help.

[mk178]

Hi,
I came here as a student. Got a job in May 2005 under work permit, switched to HSPM 2007 and then Tier 1 general.
I have a query regarding section 9L of form set(O). Below is what it says

For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.

I wonder what kind of documents would they require?
I will appreciate your help.

best regards

[shs213]

MK78, I am totally making a guess here. I too fall in to the same category and i have read this application form few times...

I think thy are expecting to see WP approval letters or visa...

As they are talking about other categories like investor, writer, composer etc I am guessing its more relevant to people of that nature rather than the people who got to Tier 1 from WP...

I might be wrong on this, would like to find out for definite though...

[salmanakram]

Since your passport was stamped in Feb '06, that's when your ILR clock started.

regards

Thanks again for your reply. I guess then its another 12 months wait until feb11.

Anyone can advice with my other queries?


Cheers for help.

In your situation you can also qualify for ILR in 4 years. Please read below:-

Immigrant Welfare is launching a court case for ALL Immigrants (who came to the UK before April 2006 on Work Permit or Ancestry Visa) to help them get ILR/PR of the UK in 4 years.

A similar judgement was granted in favour of HSMP Forum Ltd a company that fought for the establishing the rights of all immigrants who came to the UK before April 2006 on HSMP Visas.

If you are affected please visit: www.immigrantwelfare.co.uk
To register on the Immigrant Welfare Forum please visit: www.immigrantwelfare.co.uk/forum
You can also contact us on: 07800559314 for more information.

Thanks

[kububeach]

Since your passport was stamped in Feb '06, that's when your ILR clock started.

regards

Thanks again for your reply. I guess then its another 12 months wait until feb11.

Anyone can advice with my other queries?


Cheers for help.

Hi,

I'm in the situation with yours. I will be applying under HSMP. Do you have any update on employer letter requirement? I have impression we do not need it as long as we're economically active (income, paying taxes etc). Therefore I will prepare P60s and salary slips rather than employer letters.

I remember when I applied extension for my HSMP back in 2007, I didn't need employer letters, just proofs that I had income during the previous year.

Maybe I'm wrong but anyone has any other opinion?

[aloalomarciano]

Back to the earlier question, can anyone say for sure what documents meet this requirement? ILR Set (O) Section 9L, page 15:

“For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.â€

[vinny]

9L Tier 1 (General) migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK made up of leave as a Tier 1 (General) migrant and leave as a highly skilled migrant, work permit holder, innovator, self-employed lawyer or writer, composer or artist, in addition to the relevant documents in 9A, you must provide the following documents:

Evidence that you are economically active in the UK in employment or self-employment or both. The evidence should take the form of documents showing your personal earnings (if you are employed) or business accounts (if you are self-employed).

For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.

I think that they want to confirm that you satisfied the requirements under the immigration rules for a highly skilled migrant, a work permit holder, a innovator, a self-employed lawyer or a writer, composer or artist, prior to switching to Tier 1. These are the categories that may be included in the qualifying period leading to settlement.