Tier 2 ILR - No Absence Letter from Previous Employer

[mangoman1]

Hi All,

I am eligible for ILR from 1st Dec July 2017 on Tier 2 General - 5 year route with sal of 38K/annum.

Originally,
I got my first Tier-2 General visa on 10 Oct Aug 2012 and I worked with that employer "X" for 2 years until November 2014.
Later I switched to another employer "Y" in December 2014 and worked with same employer for 2.5 years
Now, very recently on 1st march 2017 I moved to another employer "Z" and still working with him.

But,
1.) When resigned from employer "Y" in Nov 2014, then I realized my employer didn't paid my first year taxation (like from Dec 2012 untillapril 2013). He has started to pay tax & NI from May 2013 therefour I donot have P60 for first year. I dont have salary slips as well as He used to pay cash. I got the Employment History from HMRC and and it says in first year section "No EMPLOYER RECORD".

Because of that I have a missing P60 for first few months is this effect my case.

Please can someone advice if missing P60 (which is for few months only for few months) ais this effect my application of ILR?

Thanks in advance
Best regards

[CR001]

One has to question whether your first employer was a genuine sponsor. A genuine sponsor wouldn't pay you cash in hand. What job exactly did you do and was it an agency or umbrella company?

[mangoman1]

Thanks for reply.
Yes, He was genuine sponsor but tired sneaking ways to save from TAX and NI of employees. He was not following Up the required process of UKVI hence his sponsorship license revoked in Oct 2014.

For initaill months taxation he told me that that's tax rebate employer is getting. not really sure if that true.
Regards

[amj85]

Tier 2 sponsor guidance clearly states that -
24.5 All payments you make to migrants that you sponsor under Tier 2 or Tier 5 must be made into their own bank account in the UK or overseas. You must not pay them in cash. Pre-paid cards such as FOREX are acceptable, but you must be able to give evidence that you have made payments onto the migrant’s card.

Its clear that his sponsorship licence was revoked since he was in breach of the sponsorship requirements. As far as I know, you 'as a tier 2 migrant' are required to inform HO of any change in circumstances (in this case - being paid in cash). Why didn't you file tax returns for that period?

You cannot have a missing P60! P60 is for the entire tax year, your P60 for that tax year will show less pay and this may raise alarm bells as to whether you were being paid correct salary as mentioned in your CoS.

[mangoman1]

Hi amj85

thanks for reply.

I was new here in UK and didnot the process, I belevie him that first few months are tax rebate so didnt do anything. After few years working in UK I relaized it was not true.

So in short I dont ahve P60 or salary proof for first 5 months. Is this affect my application.

Thanks
regards

[amj85]

I am not entirely sure if this will create any problem for you. Since your previous employer's licence was revoked, it will probably flag up on HO records and your case worker may want to do further checks/enquiries.

According to the guidance you are only required to submit one month pay slip (from current employer) and one month bank statement. So I don't think you would need to submit P60's or HMRC record. Do you meet the minimum earnings threshold?

[CR001]

Do you meet the minimum earnings threshold?

Already mentioned by OP in first post.

Hi All,
I am eligible for ILR from 1st Dec July 2017 on Tier 2 General - 5 year route with sal of 38K/annum.

[amj85]

CR001 - apologies, clearly missed that.

[mangoman1]

Hi amj85

Yes, I am at 38400 salary.
Is that mean I should not submit my all years P60 / taxassion record.
Please could you help to advise what mandatory documents should I submit with my application?

thansk again
Best regards

[mangoman1]

Hi Guys,

Please plz help if any suggestions

Thanks in advance
Regards

[mangoman1]

Hi

I have almost 172 Days absences and ufortuanly I dont have formal letter from previous employer as company has been clsoed. Please advise if absence are less then 180 days then they dont require jsutifications.

Thanks with regards

[CR001]

Hi

I have almost 172 Days absences and ufortuanly I dont have formal letter from previous employer as company has been clsoed. Please advise if absence are less then 180 days then they dont require jsutifications.

Thanks with regards

For ILR based on tier 2 general, the absence letter from employer is mandatory NOT 'optional' regardless of an absence of 1 week or an absence of 5 months.

If you are unable to provide a letter from the employer, you will need to write a letter yourself and explain.

[mangoman1]

Hi CR001,

Thanks for responce.
Got it now. In that case I need to write a latter.

Best regards

[CR001]

See link below.

indefinite-leave-to-remain/employer-let ... 52143.html

[mangoman1]

Thanks CR001
Regareds