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ILR - June 2011 - Query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rentmeda
Member
Posts: 113
Joined: Wed Mar 16, 2011 5:45 pm

ILR - June 2011 - Query

Post by rentmeda » Wed Mar 16, 2011 6:35 pm

Hi All I explain my case before I raise some questions.

Inital WP - 5th July 2006 - 05th July 2011 (Changed from student in country along with student dependant (wife))
Tier 1 Migrant - 20th June 2008 - 17th June 2011 (After changing to Tier1 left my employer to look for new job and started work in August 2008)

I relocated after getting Tier 1 and lost a few payslips and a P60 from the WP period which came to my notice as I was trying to put things togeather.

I have all the payslips from August 2008 to till date, bank statements and the P60's for job I am doing at present.

I also have the original WP and Tier1 approval letter received from the Home Office.

I meet the earning criteria as the new rules require and me and my wife have cleared the Life in the UK exam.

Days spend outside the country 2007 (24), 2008 (14) and 2010 (21).

Question:
1. Can I apply any time after 5th June 2011 as I will cross 4yrs 11 months.
2. Will the gap in employment after changing to Tier1 from WP pose any questions.
3. Will the missing payslips and one P60 from the previous WP period pose any questions.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: ILR - June 2011 - Query

Post by xyz123 » Wed Mar 16, 2011 8:42 pm

rentmeda wrote:Hi All I explain my case before I raise some questions.

Inital WP - 5th July 2006 - 05th July 2011 (Changed from student in country along with student dependant (wife))
Tier 1 Migrant - 20th June 2008 - 17th June 2011 (After changing to Tier1 left my employer to look for new job and started work in August 2008)

I relocated after getting Tier 1 and lost a few payslips and a P60 from the WP period which came to my notice as I was trying to put things togeather.

I have all the payslips from August 2008 to till date, bank statements and the P60's for job I am doing at present.

I also have the original WP and Tier1 approval letter received from the Home Office.

I meet the earning criteria as the new rules require and me and my wife have cleared the Life in the UK exam.

Days spend outside the country 2007 (24), 2008 (14) and 2010 (21).

Question:
1. Can I apply any time after 5th June 2011 as I will cross 4yrs 11 months.
2. Will the gap in employment after changing to Tier1 from WP pose any questions.
3. Will the missing payslips and one P60 from the previous WP period pose any questions.
Did you search the forum? All questions have been answered.

1- You can apply 28 days before 5th July 11.
2- No
3-You can contact HMRC to get a letter with your tax history for last 5 years. this should cover your missing P60 (which is not mandatory but often asked by case workers)..

all of above subject to change in immigration rules of course...

rentmeda
Member
Posts: 113
Joined: Wed Mar 16, 2011 5:45 pm

Post by rentmeda » Wed Mar 23, 2011 12:36 pm

Thanks for the response.

I have been looking through all my paperwork again and managed to locate a few more documents.

P60 for 2006-2007.
Payslips from Feb2007-Jan2008.
P60 for 2008-2009
P60 for 2009-2010
And will get the P60 for 2010-2011 in time before I apply in June.
So was wondering if the above should be OK as I have payslips for the period of the missing P60 (2007-2008).

kenfrapin
Senior Member
Posts: 601
Joined: Wed May 13, 2009 9:07 pm

Post by kenfrapin » Wed Mar 23, 2011 3:20 pm

If these are original paylsips then you should be fine but even then, its best to have all bases covered and get the Statement of Earnings from HMRC - why put yourself and your mind in turmoil over this.
You can request now and it will reach you inside of 2 weeks time :-)

KP

rentmeda
Member
Posts: 113
Joined: Wed Mar 16, 2011 5:45 pm

Post by rentmeda » Thu Mar 24, 2011 12:29 pm

Thank you will request the same

rentmeda
Member
Posts: 113
Joined: Wed Mar 16, 2011 5:45 pm

Post by rentmeda » Thu Apr 14, 2011 9:45 pm

Hi All

I had asked this question in my first post but just need to clarify one point as a FRIEND of mine has PUT ME IN a CONFUSING state. He says I need to have FIVE years visa, which I dont have. My dates are as below.

Inital WP - 5th July 2006 - 05th July 2011
(Changed from student in country along with student dependant (wife)
This visa has been cancelled and superseeded by by Tier 1 visa.

Tier 1 Migrant - 20th June 2008 - 17th June 2011
(After changing to Tier1 left my employer to look for new job and started work in August 2008)

I was under the impression that I will qualify after 5th June as I will cross 4yrs 11months. But he says that I need to extend my Tier 1 visa to cover the missing 17 days and then apply. Can any one tell me if I have to extend my Tier 1 or can apply for ILR after 05th June 2011.

Responses will be appreciated, as I am very confused and it will cost a lot just to extend my Tier 1 for 17 days period.

rentmeda
Member
Posts: 113
Joined: Wed Mar 16, 2011 5:45 pm

Post by rentmeda » Fri Apr 15, 2011 6:50 am

Hi

Can any moderators or senior members please reply to the above question please.....


Thanks

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Fri Apr 15, 2011 9:41 am

[quote="rentmeda"]I was under the impression that I will qualify after 5th June as I will cross 4yrs 11months. But he says that I need to extend my Tier 1 visa to cover the missing 17 days and then apply. Can any one tell me if I have to extend my Tier 1 or can apply for ILR after 05th June 2011.

quote]

Your friend is wrong. 5 year visa applies if you are falling short by up to 3 months and need a descretion to avoid extending visa.

In your case you can apply 28 days before 5th July 2011. Bear in mind the difference between 4 years and 11 months and 28 days before completing 5 years.

You can apply anytime after 7th June.

http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

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