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Hi, Folks

I have work permit starting from 2007 and it lasted two years, then got T2 extension from 2009, so I'm supposed to be qualified to apply for ILR this year. but a trouble I could have is that I don't have 5 years P60 to present, because my salary was paid oversea(of course, taxed oversea as well) from 2007 to 2010 though the location I worked is in UK. therefore I don't have P60s and tax history during those years. is there anybody know whether it will affect the application of ILR?

Thanks
Frank

I think you may have more pressing issues to deal with than ILR. My understanding is that if you are resident in the UK for more than 6 months, then you become resident for tax purposes, and you should have been paying tax in the UK, not in the country of income origin. I'd speak to a solicitor as soon as possible if I was you. Other members please correct me if I am wrong.

frankw wrote:Hi, Folks

I have work permit starting from 2007 and it lasted two years, then got T2 extension from 2009, so I'm supposed to be qualified to apply for ILR this year. but a trouble I could have is that I don't have 5 years P60 to present, because my salary was paid oversea(of course, taxed oversea as well) from 2007 to 2010 though the location I worked is in UK. therefore I don't have P60s and tax history during those years. is there anybody know whether it will affect the application of ILR?

Thanks
Frank

If you have not been paid in the UK from 2007 to 2010 then how did you manage to get an T2 extension in 2009 ....

Well in any condition, since you have not paid any tax in the country, that means you are not earning in the country and that clearly shows you are not a resident for those years and hence not eligible to apply for ILR until you complete 5 years of continuous residence ....

sunil.suneel wrote:

frankw wrote:Hi, Folks

I have work permit starting from 2007 and it lasted two years, then got T2 extension from 2009, so I'm supposed to be qualified to apply for ILR this year. but a trouble I could have is that I don't have 5 years P60 to present, because my salary was paid oversea(of course, taxed oversea as well) from 2007 to 2010 though the location I worked is in UK. therefore I don't have P60s and tax history during those years. is there anybody know whether it will affect the application of ILR?

Thanks
Frank

If you have not been paid in the UK from 2007 to 2010 then how did you manage to get an T2 extension in 2009 ....

Well in any condition, since you have not paid any tax in the country, that means you are not earning in the country and that clearly shows you are not a resident for those years and hence not eligible to apply for ILR until you complete 5 years of continuous residence ....

Are you sure about that? and I went through the form of application SET(0) and there is not requirement of providing P60 for T2 category

I would recommend you seeing an immigration solicitor for a more convincing response...

frankw wrote: Are you sure about that? and I went through the form of application SET(0) and there is not requirement of providing P60 for T2 category

There is not, but chances are 99% that you'll be asked at the appointment to show them. They are proof that you've been economically active in the UK (living, working, earning and paying taxes and NI contributions) for last 5 years.

Paying taxes abroad for 3 years and ILR application is a red alert for looking for solicitor's help.

do you claim yourself as non-dom from tax purpose and/or eligible for remittance basis taxation / exemptions?

ban.s wrote:do you claim yourself as non-dom from tax purpose and/or eligible for remittance basis taxation / exemptions?

No really

yanbo wrote:

frankw wrote: Are you sure about that? and I went through the form of application SET(0) and there is not requirement of providing P60 for T2 category

There is not, but chances are 99% that you'll be asked at the appointment to show them. They are proof that you've been economically active in the UK (living, working, earning and paying taxes and NI contributions) for last 5 years.

Paying taxes abroad for 3 years and ILR application is a red alert for looking for solicitor's help.

Actually nearly 4 years. and "red alert" means high solicitor fee, or no much chance to go for a ILR?

If I ask solicitor's help, is it "no win, no fee"? or Do I have to pay fee for help first? I really don't want that kind of miserable thing happen to me what if I not only lost money but also failed on the ILR application in the end.

It is bit unusual for a company to sponsor UK work permit and then pay salaries overseas. Have your enquired the tax arrangements and legalities with your employer especially your SOC code / salary arrangements?

Anyway, really appreciate you guys comments above. And is there anyone to know which official policy or government statement or law, which clearly claims T2-ILR required the document of P60 to support on the application? because I browse and search all contents on website of home office but haven't found such that kind of statement at all.

yanbo wrote:

frankw wrote: Are you sure about that? and I went through the form of application SET(0) and there is not requirement of providing P60 for T2 category

There is not, but chances are 99% that you'll be asked at the appointment to show them. They are proof that you've been economically active in the UK (living, working, earning and paying taxes and NI contributions) for last 5 years.

Paying taxes abroad for 3 years and ILR application is a red alert for looking for solicitor's help.

As for "but chances are 99% that you'll be asked at the appointment to show them", does it mean what if someone is unable to show the p60 document to them and the consequence is the application would got reclined?

Actually, what I really want to know, p60 (or 5 continuous years' tax in uk) for Tier 2 application ILR, is it optional or compulsory? that is key point I want to know.