Immigrationboards.com

Dear All,

I am confused about one point in ILR application. I am now on Tier 1 G and I can apply for ILR next year.

According to what I read in guidances, rules and IDIs, a Tier 1 G visa holder should score enough points (for my case it is 75) to get ILR. In this point assessment, I should show my salary in a 12 consecutive months in 15 months before application. No where it is mentioned that I should have been active for all the 5 years and I should provide any documentary for that. What I've been asked for in guidance and application form is only those 12 months documents.

Then, why it is insisted on submitting P60 for all 5 years and even in FAQ section it is recommended that submit them and it is said that some caseworkers asked it? If it is not mentioned in the rules, how caseworker could ask it and refuse based on that???

The reason for this confusion is that I was not working for about 1 year of my leave as I could not find any suitable job and I tried to find a good job and at the same time attended courses to increase my chance of employment. None of them were wrong and against the rules. It is the philosophy of Tier 1 G to come here and look for employment or self employment but no one expected that a newcomer could find a job at once and for the whole period and many of Tier 1 G holders have been out of employment for a while.

Even in the refusal formula in the Tier 1 Settlement guidance nothing mentioned regarding economic activity. This is only mentioned for HSMP holder and they should prove that.

Please correct me if I am wrong as this makes me so confused.

samira_uk wrote:Dear All,
...
Then, why it is insisted on submitting P60 for all 5 years and even in FAQ section it is recommended that submit them and it is said that some caseworkers asked it? If it is not mentioned in the rules, how caseworker could ask it and refuse based on that???....

Some people value getting their ILR more than sticking to principles.

wpilr_nov12 wrote:

samira_uk wrote:Dear All,
...
Then, why it is insisted on submitting P60 for all 5 years and even in FAQ section it is recommended that submit them and it is said that some caseworkers asked it? If it is not mentioned in the rules, how caseworker could ask it and refuse based on that???....

Some people value getting their ILR more than sticking to principles.

Sorry but I could not get your answer. You addressed me or the other people?

You asked "why 5 yr P60, if not in rules?"

My answer: If I felt that all P60s could/would be useful, though not necessary, in any way during the PEO process, I would definitely carry those with me. Whatever it takes to get ILR, documents wise. This is a matter for individual applicant to decide whether they want to take their 5 yrs P60 with them or not. And wisdom says YES.

I hope I have been clearer, or getting closer to it.

Thank you for your response.

But it is not the answer to my question. I did not work for ayear and do not have P60 or anything else for those period. Then, I'll encounter any problem when nothing mentioned in rules, Paragraph 245CD or IDIs about this matter?

I know that all of us bring more than necessary documents and it is wise. But this matter (proof of previous economic activities) are insisted so much in this forum that one may think it is a requirement and obligatory whereas in this forum there was a guy who got his ILR without working at the time of application which is much more relevant shortcomings.

We all know that caseworkers may ask or say something stupid or unnecessary but at the end they MUST obey the rules and rules regarding Tier 1 ILR is very clear.

I am really grateful for comments from Tier 1 G holder who did not work for a while and could secure their ILR. I found some of them already in this forum.

I myself reached an idea which seems correct:

There is no one yet who applied for ILR based on 5 years wholly on Tier 1 G as PBS introduced in 2009. So all of Tier 1 G who applied so far applied based on combination of Tier 1 G and HSMP/Tier 1 G and work permit and for HSMP they have to show their activities. Maybe, after 2014 there will be no need to show such thing and caseworkers do not ask it anymore.

samira_uk wrote:I myself reached an idea which seems correct:

There is no one yet who applied for ILR based on 5 years wholly on Tier 1 G as PBS introduced in 2009. So all of Tier 1 G who applied so far applied based on combination of Tier 1 G and HSMP/Tier 1 G and work permit and for HSMP they have to show their activities. Maybe, after 2014 there will be no need to show such thing and caseworkers do not ask it anymore.

samira_uk, IMHO there is no need to submit P60s as far as the rules are concerned. I have not seen any Tier1-General case on the forum being rejected because of the lack of P60s. So, you should be fine. Being out of work for one year is something you cannot do really about.

Having said that, if P60s or any other document for that matter, can be produced easily to CW, it is better to do so rather than confronting the CW, this is my approach at least.

I hope this addresses both parts of your question

Samira,

P60 was mandatory years ago. Some People have not forgotten them and so keep creating confusion. I do not have P60 for the first year since my company never gave one and I have researched this in detail.

P60 is absolutely not required unless used to prove earning which hardly anyone uses because it ties to a very specific start and end date.

Worry about everything but not P60.

Thank you for your reply.

I am thinking the same way. Sometimes people dont forget the old rules. As there is no one who applies based on Tier 1 only and everyone is applying based on a combination of Tier 1 G and other categories, this makes confusion.

I hope from 2014 no caseworker will ask for unnecessary documents.

I agree with the comments above about whether these things are required, but I was very glad to have my P60s yesterday.

I was asked by CW for letters from my various employers during my 5 year time in the UK showing when I started and finished working for them. I questioned the relevance (I was applying for ILR in Tier 1 (General)), but CW was insisting. When I explained I didn't have them, CW then asked for P45s. Again, I didn't have them.

What I did have were P60s and a letter from current employer - both documents that I'd taken just as "back-up" because not strictly required by the Rules. Our application was granted.

I guess you can take your chances and rely on the right of appeal if you get a bad decision, but it's easier to have the documents there and get your response on the day in my opinion.

I agree with you, if I had them I did not ask this question. But the problem is that I was out of work for about a year which is common thing among Tier 1 visa holder.

In addition, I know that caseworker and immigration officers usually ask nonsense questions. I am always asked irrelevant questions in airport that they are none of the immigration officer's business. But s/he asked and I answered. This is how they waste their and ours time. But if they want to refuse, they have to have a specific reason according to the rules and they cannot refuse you only because they guess about something. In this forum you could find people who encountered similar situations and won the case (for example a guy who got his ILR without having job at the time of application). Be sure that if you did not have P60s yesterday, they could not refuse you.

But I am again insisting that you and other guys who got your ILR are applying based on the combination of Tier 1 G and other categories. Only Tier 1 G does not have to be economically active and therefore caseworkers are asking such questions. But after 2014, they should not ask such question as they only waste their times.

samira_uk wrote:I agree with you, if I had them I did not ask this question. But the problem is that I was out of work for about a year which is common thing among Tier 1 visa holder.

In addition, I know that caseworker and immigration officers usually ask nonsense questions. I am always asked irrelevant questions in airport that they are none of the immigration officer's business. But s/he asked and I answered. This is how they waste their and ours time. But if they want to refuse, they have to have a specific reason according to the rules and they cannot refuse you only because they guess about something. In this forum you could find people who encountered similar situations and won the case (for example a guy who got his ILR without having job at the time of application). Be sure that if you did not have P60s yesterday, they could not refuse you.

But I am again insisting that you and other guys who got your ILR are applying based on the combination of Tier 1 G and other categories. Only Tier 1 G does not have to be economically active and therefore caseworkers are asking such questions. But after 2014, they should not ask such question as they only waste their times.

samira_uk, fact is that no one would know whether or not you were working or not during the period you stated unless you mention it (without being asked). Even if you are asked, it is not uncommon for people to be made redundant and then be forced to look for another job or role.

We all know documents to prove earnings are;

1. Letter from employer showing salary and continuous employment. Would recommend you have this with you even if you have other means of showing earnings. In my case, CW asked for it (even though I had presented bank statement and P60 to show earning).

2. Bank statement showing 12 months salary

3. P60 for the year you are claiming. No where did it say for the period you've been in the UK.

4. Payslips for the 12 months being claimed. (Missed that bit for the benefit of late readers).

Anythng else they ask outside of these, just say nicely that you do not have it, as it was not in the form Set O Guidance Notes.

Kind regards

Thank you for your kind help. I'll certainly have them (P60 for the last year, employer letter, payslips and bank statements) and my only problem is the year I was out of work which by these comments I am relaxed about it.

I hope the CW will stop asking unnecessary documents.

Thank you again

I attended the Belfast PEO recently. (Posted my experience here http://www.immigrationboards.com/viewtopic.php?t=116757)

I was not asked to show my P60. However, I carried all 5 year P60 with me.