ILR - Feq queries

[vikas_2603]

Hi Friends

I was on workpermit from May 2006 to July 2008 and then I switched over to Tier 1 (valid until 10th June 2011). I am planning to book a face to face interview for ILR next week.

I have read through a lot of posts here on this forum that clarified a lot of queries I had. However, there are few questions on which I still need some clarity. I am hoping that you guys would be able to help me -

1. Is it required to provide past 5 years P60 to prove that I was exonomically active? With my previous employer, i had never received P60 as i used to get net salary (without tax figures in the salary slip) and not gross.

2. I understand from the SET(O) guide that I will have to produce my earning evidence of 12 consecutive months over the period of most recent 15 months. I am planning to provide salary slips and Bank statements. Is this sufficient?

3. I was out of the country for a total of 269 days over past 5 years. 46 days of which are business trips. I can get employer's letter on that. 141 days were annual vacation, and 82 days were of my notice period in India and some unpaid vacation when i changed my job. Would this be OK if i provide proper reasons for my vacation? I don't see any statement on the website that 180 days is the maximum allowed time that one can spend outside UK over the period of 5 yrs while applying for ILR. Can someone clarify please?

4. Overtime - I get paid overtime in my current job. Can this also be shown as earnings?

5. I have the Tier 1 point assessment record with me (from my application in 2008). do I need to send that as well with my ILR application?

Thanks in advance
Vikas

[vikas_2603]

Hi Guys

Can anyone please reply to my queries?

[vikas_2603]

If my queries are too much to answer, pelase help me on one point -

1. Is it required to provide past 5 years P60 to prove that I was exonomically active? With my previous employer, i had never received P60 as i used to get net salary (without tax figures in the salary slip) and not gross.

[kunald]

Hi Vikas, I don't consider myself an expert in this field but count my views as second opinion till an expert from this forum comes forward.

1. Is it required to provide past 5 years P60 to prove that I was exonomically active? With my previous employer, i had never received P60 as i used to get net salary (without tax figures in the salary slip) and not gross.
Vikas

It is really strange that the salary slips didn'r show any tax figures and even surprising that your employer didn't give you any P60. It would have helped if you requested a Tax history / employment history from HMRC but I guess you are too late for that now (as you are planning to book an interview next week). If time permits postpone your appointment (if you have not already booked) and get a tax history from HMRC which will indicate the tax paid (and gross salary) for the period for which you didn't get any P60. If however, you still go next week just provide the P60s that you already have and hope for the best. I have read stories on here where all 5 years P60 were not asked for.

2. I understand from the SET(O) guide that I will have to produce my earning evidence of 12 consecutive months over the period of most recent 15 months. I am planning to provide salary slips and Bank statements. Is this sufficient?

That is sufficient.

3. I was out of the country for a total of 269 days over past 5 years. 46 days of which are business trips. I can get employer's letter on that. 141 days were annual vacation, and 82 days were of my notice period in India and some unpaid vacation when i changed my job. Would this be OK if i provide proper reasons for my vacation? I don't see any statement on the website that 180 days is the maximum allowed time that one can spend outside UK over the period of 5 yrs while applying for ILR. Can someone clarify please?

The rule as I know it is 180 days in total over 5 years period and not more than 90 days at one stretch. Looked at current IDI for T1G but couldn't find anything specific. It only mentions "short absences" which is little vague IMO.

4. Overtime - I get paid overtime in my current job. Can this also be shown as earnings?

Yes, as long as it is documented.

5. I have the Tier 1 point assessment record with me (from my application in 2008). do I need to send that as well with my ILR application?

I don't think that will be required for ILR application. However carry all original letters from HO granting you Tier-1 / extensions / WP etc.

[vikas_2603]

1. Is it required to provide past 5 years P60 to prove that I was exonomically active? With my previous employer, i had never received P60 as i used to get net salary (without tax figures in the salary slip) and not gross.
Vikas

It is really strange that the salary slips didn'r show any tax figures and even surprising that your employer didn't give you any P60. It would have helped if you requested a Tax history / employment history from HMRC but I guess you are too late for that now (as you are planning to book an interview next week). If time permits postpone your appointment (if you have not already booked) and get a tax history from HMRC which will indicate the tax paid (and gross salary) for the period for which you didn't get any P60. If however, you still go next week just provide the P60s that you already have and hope for the best. I have read stories on here where all 5 years P60 were not asked for.

Hi Kunal - many thanks for your quick and detailed response. Just ome query on above. How can i request for my tax history from HMRC? can it be done online or do i need to ring them up? any weblinks please?

[kunald]

Hi Kunal - many thanks for your quick and detailed response. Just ome query on above. How can i request for my tax history from HMRC? can it be done online or do i need to ring them up? any weblinks please?

See this thread...

http://www.immigrationboards.com/viewto ... 762a1788bd