Applying for ILR (HSMP JR, Pre Nov 2006), PaySlips problem

[spare_parts]

Hi everyone,

I was granted HSMP in Jun 2006 and will be applying for ILR shortly under HSMP JR rules.

I am a permanent employee and have been with the same employer for more than 5 years.

My problem is, on the payslips, my first name is misspelt (its "Karthik" instead of "Karthika"). I ll put my hand up and say its my mistake for not correcting it at the first opportunity. And now its been so long I can't imagine how many company will react if I point this out to them now.

My "first name/initial" was not expanded on the payslips (was just "K Varun") previously and my company has only started expanding the initial since last October (its now "Karthik Varun").

I was initially planning on submitting the following documents along with my application -

--> 3 months payslips (with name misspelt "Karthik Varun")
--> 3 months bank statements (with name correctly spelt "Karthika Varun")
--> 5 years P60 (with name "K Varun")
--> Employer reference letter (with name misspelt "Karthik Varun")

I am now wondering whether to only use the P60s and bank statements.

My question is - will not submitting PaySlips and the employer reference letter have an adverse effect on my application?

I would really appreciate any input from you guys.

Many Thanks,
Karthika

[Defoe]

In my opinion, based on applications I have made, and people at the HO I have spoken to over the phone, I would say post every piece of evidence you have.

In your case, the spelling mistake is really obvious - the difference between Karthik and Karthika is minimal and the person assessing your application *should* realise this, however you may want to make a note of it in your coverletter.

I think its important to keep in mind that spelling mistakes in employee names (and email addresses in particular) is extremely common.

The approach I have taken has always been to provide as much information as possible to make it easier and more straightforward for the person assessing the application. Anything out of the ordinary can be explained in the coverletter.

[spare_parts]

Many thanks for your opinion Defoe. I guess I will take all the documents with me when I go to the PEO and explain that it was a clerical error that hasn't been corrected, and hope for the best.

One more question --

My VISA dates are as follows -

02 Jun 2006 - 02 Jun 2008 -- HSMP
04 Jun 2008 - 04 Jun 2011 -- Tier 1

When I applied for Tier-1 in 2008, the transitional arrangements for extension based on HSMP JR were not in place. Since I couldn't extend under HSMP JR rules, I had to switch to Tier-1.

I just come across this new case worker guidance for settlement. Section 6.5 outlines how a case worker should deal with an ILR application based on HSMP JR. I started panicking after reading this (highlighted) -

Consideration of applications covered by the High Court ruling of April 2008

In addition to those covered by the second judgment (detailed above) there is a separate group who applied
to enter the HSMP between the change in the ILR Rules in April 2006 and the change in the HSMP
extension criteria in November 2006.

Applicants who fall into this category (and are not included in the second judgment) will still be required to
meet the continuous leave requirement as specified in the Immigration Rules (currently 5 years). However,
due to the fact that some of this cohort may have spent time not covered by HSMP leave as a direct result of
the changes to the extension Rules, the following factors should be considered when calculating continuous
residence for this group.

• any valid leave obtained prior to the judgment;
• Tier 1 (General) leave issued under the terms of the HSMP Forum Ltd Judicial Review Policy
document;
• the time between the end of the applicant's HSMP leave and the start of the Tier 1 (General) leave
issued under the terms of the policy document;
• any valid subsequent leave

Caseworkers will be able to identify those applicants who have been granted Tier 1 (General) leave under
the terms of this policy document by reference to the title of the case type on CID and from the associated
case comments. The case type prefix will be Tier 1 (Gateway), for those granted further leave in the UK.
Those approved further leave at post overseas under the terms of this policy document can be identified by
reference to the case comments on CRS (International Group's database of visa applications). In addition,
applicants affected by the judgment have been advised to submit their approval letter issued in light of the
High Court judgment with any subsequent application for settlement.

A migrant who does not have current leave as a highly skilled worker will not qualify for ILR as a highly skilled
worker and must first successfully apply to be re-instated as a highly skilled worker before they can apply for
ILR from that category. Migrants who gain re-instatement under these provisions and, as a result, complete
the qualifying period for applying for ILR, will then need to make a separate application for ILR as a Tier 1
(General) Migrant.

My understanding of the last two paragraphs is that I would be eligible to apply for ILR under HSMP JR rules ONLY IF I had extended my HSMP under the JR rules back in 2008. Which I didn't. I just transferred to Tier-1 since my leave was about to run to.

Am I right in interpreting it this way?? Am I still allowed to apply under JR rules? I was under that assumption and didn't take Life in the UK test!

[polar]

Ask your employer to write a letter stating that they misspell the name before and both name are refering to you.

My friend got the same problem before the company change the name on the pay slip. She got her ILR with the letter from the employer saying both are the same person. It would be alright.

[spare_parts]

Hi Polar,

many thanks for your advice.

I am very hesitant to speak to my employer and point this out now, after 5 years of employment. I am thinking to myself, what will say when I am asked "what is your reason for not pointing this out earlier" by my employer?

[geriatrix]

If you applied for HSMP approval on/before 07-Nov-06, you are covered by HSMP JR - even if you applied for "extension" (and granted) under Tier 1 (General) leave.

[spare_parts]

Many thanks for your response Sushdmehta.

Having previously read the HSMP JR Policy document, I was quite confident that I was covered. But, after reading the caseworker's guidance, my confidence started to weaver.

your reply has calmed me down a bit. Thanks again.

May I request your opinion on the "misspelt" payslips problem?

Thank you.

[Defoe]

I can back up sushmehta's statement - I also received verbal confirmation over the phone from HO that what he has stated here is absolutely correct.

[spare_parts]

Many thanks for your responses - Defoe and Sushdmehta.

[spare_parts]

Could senior members please give their opinion with respect to my "Misspelt payslips" problem?

Thank You.

[gidoc]

Could senior members please give their opinion with respect to my "Misspelt payslips" problem?

This will not be an issue, for clarity, make a link with a bank statement showing that its your payslip.

[khalidmirza]

I honestly agree that be truthful.You can speak to your employer and honestly say sorry for not pointing it out earlier. You have worked with them 5 years, your p 60 say K varun and insurance number same as on payslip. I would suggest speak with employer. Hiding mistakes can be a dangerous path

Ask your employer to write a letter stating that they misspell the name before and both name are refering to you.

My friend got the same problem before the company change the name on the pay slip. She got her ILR with the letter from the employer saying both are the same person. It would be alright.

[kunald]

IMO, it doesn't matter. In all probability you will have your NI number in the payslip. It is better not to mention anything to the caseworker. If the spelling mistake gets picked up show your NI card (and letter) to show that it is a spelling mistake only. As backup, you may want to carry letter from employer mentioning the spelling mistake. Also. if time permits get a statement of earning from HMRC. All these should be enough to convince the caseworker.

[khalidmirza]

Better idea than mine. Keep employer letter as backup. Apply on PEO so can answer any query.
UK immigration is unique . Cases of not checking all documents, reading bank statement incorrectly.wrong addition of income or maintenance funds etc are common First they refuse and ask you to appeal to gain time. Many other countries ask additional documents to make things straightforward. Therefore please be vigilant and i suggest PEO

IMO, it doesn't matter. In all probability you will have your NI number in the payslip. It is better not to mention anything to the caseworker. If the spelling mistake gets picked up show your NI card (and letter) to show that it is a spelling mistake only. As backup, you may want to carry letter from employer mentioning the spelling mistake. Also. if time permits get a statement of earning from HMRC. All these should be enough to convince the caseworker.

[IAM3576]

I will be for applying for ILR in Oct 2011 under 5 yr WP. I have the same problem of spell correction.
In my passport my name is "SHEKAR" and all the other documents/correspondence is "SEKHAR" will this create a problem ?
Can you please let me know is your application was successful ? and what additional document you submitted to support the issue.
I will be great helpful to you if you could please give me some guidelines.