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Didn't work for 2 months in the mid of ILR qualifying period

Posted: Wed Nov 05, 2014 3:21 pm
by tillu5682
Hello Respected Seniors,

Please see below visa status I had in my ILR qualifying periods:

Tier 2 General work permit from Nov 2008 - March 2010 (1 year 4 months)
Tier 1 General from March 2010 – March 2013 (3 years)
Tier 2 General from March 2013 – Feb 2016 (1 year 7 months till date)

I have a few questions
When I was on Tier 1 category I worked for 3 different companies.
Worked for “Company A” for 3 months and resigned and took 1 month break without pay.
After that I worked for “Company B” for two months and resigned and took 1 month break and went to India and this 1 month holidays were without pay.
And started working for company C and continued working for it till now.

Sorry for the confused explanation above, to make the long story in short…in 2011, I had 2 months no job of which 1 month I stayed in UK and 1 month I spent time out of UK.

1. Am I still Eligible to apply for ILR?
2. Do I have to provide evidence what I did for those two months to the case worker or is it not required because it is before last 12 months?
3. Would it be ok if I only show reference letter from my current company with whom I am working for last 3 years continuously and ignore the reference letter form the companies I worked for the first 2 years? Because anyways P60 would show to which companies I worked for last 5 years and my application would make it simpler to the case worker.
4. Additionally, although I had Tier 1 status in between last 5 years and my current status is Tier 2, do I have to tick the Section 3 A and B in SET(O) form and also fill the Section 9 for self-point scoring assessment? Or is it not required?

Your help on this would be much much appreciated. Particularly advice on the 2 months gap with no work I had in 2011.
Please let me know if I could provide you with any more details for better clarification.

Thanks & Regards

Re: Didn't work for 2 months in the mid of ILR qualifying pe

Posted: Mon Dec 01, 2014 5:12 pm
by tillu5682
Respected gurus,
could anyone please post a reply to my above query please?

Re: Didn't work for 2 months in the mid of ILR qualifying pe

Posted: Mon Dec 01, 2014 9:01 pm
by UpToDate
As long as you're meeting needed income/earnings threshold.....you dont have to worry, and not required to state what you have during that period.

Re: Didn't work for 2 months in the mid of ILR qualifying pe

Posted: Mon Dec 01, 2014 9:43 pm
by argus7
As long as your points are in the last 12 months of the qualifying period ( 5th anniv) and showing evidences of taxes paid in P60 for the previous years is OK and within absences with justifications, you should be fine

Re: Didn't work for 2 months in the mid of ILR qualifying pe

Posted: Fri Dec 12, 2014 8:50 am
by tillu5682
Dear Uptodate and Argus,
Thank you verymuch for your help.
My appointment is tomorrow (13/12/2014) at 2 pm and I just would like to ask last couple of questions.
I am providing last 3 months online printout payslips. Could you please let me know if this is sufficient?
My employer had provided me payslips which are printed on plain paper, but these are stamped and signed. Unfortunately these are not on the company headed paper and also my employer not provided any letter on company headed paper confirming payslip is authentic.
As per the set(o) guidance notes version11/2014, section 10 (documents) payslips, is it mandatory that the payslips must be on letter headed paper or a senior official should sign confirming that these are authentic?

I appreciate your help on the above by today at least as my appointment is tomorrow.

Thanks & Regards,

Re: Didn't work for 2 months in the mid of ILR qualifying pe

Posted: Fri Dec 12, 2014 10:10 am
by argus7
yes its mandatory to get payslips attested if not get a letter from employer mentioning the authenticity of the payslips.

If issues show them the set(o) guidance doc and explain reason for such a request from Home Office

Re: Didn't work for 2 months in the mid of ILR qualifying pe

Posted: Fri Dec 12, 2014 8:50 pm
by spzenthil
Hi tillu5682,

Can you please let us know how did your ILR application go? I am also out of country in the early 2 years of my tier 1 visa.

Did they ask for any letters from your previous employer for your absence from the country during those months?

I have posted my query here, if any experts can advice on it, it will be very helpful

http://www.immigrationboards.com/indefi ... 77512.html

Thanks,
-Senthil