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Tier 2 General To ILR - Questions and documents confirmation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ravi_ei
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Posts: 149
Joined: Thu Jul 17, 2014 2:04 pm

Tier 2 -> ILR P45/P60 issue

Post by ravi_ei » Fri May 11, 2018 8:39 pm

Hi All,

I am on Tier 2 Gen visa and will be eligible to apply for ILR in July 2018.
In Jan 2016 I switched employer from employer A to employer B. Employer A issued a P45 with amount X which I submitted to employer B.

But my employer A did forget to pay some part of my Holiday pay and Bonus(pro rata) for the year. They payed it end of Feb 2016 and issued a new P45 with new amount Y on 21st March 2016 which I received around 27th March 2016. Employer A informed this to HMRC, so HMRC have right numbers in their system(I checked this online) from 2016.

I updated my employer B about new P45 with amount Y, but by then there accounting for that year was closed. Due to this employer B issued a P60 in April indicating that previous employer earnings are "X" while it should be "Y".

Now I have two P45s for the year 2015-16(one with amount X(wrong) and one with amount Y(which is right and updated on HMRC)), and a P60 indicating amount X for previous employer.

Now I have two options for ILR application:

1. Go for ILR with the P60 I have and take a letter from employer about the delay which caused this issue in first place along with the cover letter from my side and two P45s. Since the numbers on HMRC database are correct it should be clear to the case worker with these documents.

2. As my Employer B to correct the amount for previous employer issue a new P60. I am not sure if this is possible. Even if it is, If HMRC gets an update of correction of P60 then correction would be visible to the caseworker which may cause a doubt in caseworker's mind( That why applicant did a correction so close to ILR).

Any ideas? Could this be an issue?

Regards
-Ravi

KenBossini
Junior Member
Posts: 92
Joined: Fri Aug 18, 2017 5:53 pm
India

Re: Tier 2 -> ILR P45/P60 issue

Post by KenBossini » Tue May 15, 2018 2:41 pm

ravi_ei wrote:
Fri May 11, 2018 8:39 pm
Hi All,

I am on Tier 2 Gen visa and will be eligible to apply for ILR in July 2018.
In Jan 2016 I switched employer from employer A to employer B. Employer A issued a P45 with amount X which I submitted to employer B.

But my employer A did forget to pay some part of my Holiday pay and Bonus(pro rata) for the year. They payed it end of Feb 2016 and issued a new P45 with new amount Y on 21st March 2016 which I received around 27th March 2016. Employer A informed this to HMRC, so HMRC have right numbers in their system(I checked this online) from 2016.

I updated my employer B about new P45 with amount Y, but by then there accounting for that year was closed. Due to this employer B issued a P60 in April indicating that previous employer earnings are "X" while it should be "Y".

Now I have two P45s for the year 2015-16(one with amount X(wrong) and one with amount Y(which is right and updated on HMRC)), and a P60 indicating amount X for previous employer.

Now I have two options for ILR application:

1. Go for ILR with the P60 I have and take a letter from employer about the delay which caused this issue in first place along with the cover letter from my side and two P45s. Since the numbers on HMRC database are correct it should be clear to the case worker with these documents.

2. As my Employer B to correct the amount for previous employer issue a new P60. I am not sure if this is possible. Even if it is, If HMRC gets an update of correction of P60 then correction would be visible to the caseworker which may cause a doubt in caseworker's mind( That why applicant did a correction so close to ILR).

Any ideas? Could this be an issue?

Regards
-Ravi
P45 / P60 are not required for T2 to ILR application. Just submit your last payslip and bank statement reflecting that month's salary credit (3 months if you want to be extra sure). Do not over complicate your application.

K.

apsk
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Posts: 303
Joined: Tue Mar 27, 2018 1:28 pm
India

Re: Tier 2 -> ILR P45/P60 issue

Post by apsk » Wed May 16, 2018 8:28 am

ravi_ei wrote:
Fri May 11, 2018 8:39 pm
Hi All,

I am on Tier 2 Gen visa and will be eligible to apply for ILR in July 2018.
In Jan 2016 I switched employer from employer A to employer B. Employer A issued a P45 with amount X which I submitted to employer B.

But my employer A did forget to pay some part of my Holiday pay and Bonus(pro rata) for the year. They payed it end of Feb 2016 and issued a new P45 with new amount Y on 21st March 2016 which I received around 27th March 2016. Employer A informed this to HMRC, so HMRC have right numbers in their system(I checked this online) from 2016.

I updated my employer B about new P45 with amount Y, but by then there accounting for that year was closed. Due to this employer B issued a P60 in April indicating that previous employer earnings are "X" while it should be "Y".

Now I have two P45s for the year 2015-16(one with amount X(wrong) and one with amount Y(which is right and updated on HMRC)), and a P60 indicating amount X for previous employer.

Now I have two options for ILR application:

1. Go for ILR with the P60 I have and take a letter from employer about the delay which caused this issue in first place along with the cover letter from my side and two P45s. Since the numbers on HMRC database are correct it should be clear to the case worker with these documents.

2. As my Employer B to correct the amount for previous employer issue a new P60. I am not sure if this is possible. Even if it is, If HMRC gets an update of correction of P60 then correction would be visible to the caseworker which may cause a doubt in caseworker's mind( That why applicant did a correction so close to ILR).

Any ideas? Could this be an issue?

Regards
-Ravi
Don't bother about all this Ravi. In terms of your employment you will just need your latest salary slip and a month's bank statement along with letter from employer stating you are required for a foreseeable future and your absence letter. P60 or P45 are for Tier 1 or Entrepreneur visa holders.

ravi_ei
Member
Posts: 149
Joined: Thu Jul 17, 2014 2:04 pm

Re: Tier 2 -> ILR P45/P60 issue

Post by ravi_ei » Wed May 16, 2018 12:06 pm

Thanks Ken and apsk. I am planning to take the P60/P45 with me at PEO appointment. But I will only submit them if asked by the case worker. Thanks for your inputs.

ravi_ei
Member
Posts: 149
Joined: Thu Jul 17, 2014 2:04 pm

Tier 2 General To ILR - Questions and documents confirmation

Post by ravi_ei » Tue May 29, 2018 3:00 pm

Hi All,

I got my first Tier 2 General visa on 5th Aug 2013. I have booked an appointment for 9th July 2018 (28 days before 5th Aug 2018). Here is the list of documents I am collating for the SET(o) application:

Applicant + 1 dependent(spouse)

a. Passport ( for me and dependent )
b. 2 Photos ( for me and dependent )
c. BRPs
d. 1. Letter from current employer confirming absences and future employment need
2. Letter from previous employers confirming absences
e. LITUK ( For me and dependent )
f. English language requirement - UKVI IELTS ( For me and dependent )
g. 3 months salary slips (since online will be stamped and signed by HR)
h. bank statements for last two years ( Used for cohabitation also )
i. P60/p45 if asked
6. Absences more than 180 days in any of the qualifying years: None
7. Cohabitation - different letter from banks(on separate names with same address) utility bills( both names) council tax bills, credit card bills(original) to cover the duration from Jan 2016 until now
8. Marriage Certificate

Here are my qustion for my application:

1. Are above documents sufficient or I need any more?

2. My five years on Tier 2 General will complete on 5th August 2018. Is the appointment on 9th July 2018 28 days before? I am not doing any mistake here right?

3. For english language I did give IELTS UKVI in Dec 2016. It was IELTS General with all 4 reading writing speaking and listening. I have score more than 4.0 in all sections of the test. I read somewhere that requirement for ILR is to have IELTS General with listening and speaking score more than 4.0. Is my understanding correct?
My wife gave IELTS UKVI life skills which she passed ( as there is no score on life skills test, its either pass or fail) is that enough for ILR for her?

4. I have switched employers twice in my 5 year duration of Tier 2 General. First with employer A(2 years), then with employer B(2 years) and now again with employer A(around an year). Employer A will provide letters for current and previous employment. I have already taken letters from employer B. I have never travelled outside UK for business purposes when I was employed with employer B. Employer B has issued an employment letter confirming my employment duration and a letter confirming my annual holidays for the duration. Annual holidays only list the holidays and confirms that I was paid during those holidays in UK.
But it does not confirm if I was abroad during those annual holidays as those were personal trips and employer B was not keen on providing confirmation on my personal trips abroad(to family and some trips in europe for leisure). Could this be a problem? Do I also need personal trips abroad confirmed by the employer?


Thanks
-Ravi

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CR001
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Re: Tier 2 General To ILR - Questions and documents confirmation

Post by CR001 » Tue May 29, 2018 3:16 pm

f. English language requirement - UKVI IELTS ( For me and dependent ) Dependent must be B1 SELT IELTS
6. Absences more than 180 days in any of the qualifying years: None It is not qualifying years, it is ANY 12 month rolling period.
Answer to question per number that I am able to.

1. Should be fine

2. If that is within 28 days then yes.

3. Your wife MUST do B1 SELT IELTS. As a PBS Dependent she has NOT been required to do English for her visas previously so you must make sure it says B1 otherwise she risks a refusal.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ravi_ei
Member
Posts: 149
Joined: Thu Jul 17, 2014 2:04 pm

Re: Tier 2 General To ILR - Questions and documents confirmation

Post by ravi_ei » Tue May 29, 2018 3:33 pm

CR001 wrote:
Tue May 29, 2018 3:16 pm
f. English language requirement - UKVI IELTS ( For me and dependent ) Dependent must be B1 SELT IELTS
6. Absences more than 180 days in any of the qualifying years: None It is not qualifying years, it is ANY 12 month rolling period.
Answer to question per number that I am able to.

1. Should be fine

2. If that is within 28 days then yes.

3. Your wife MUST do B1 SELT IELTS. As a PBS Dependent she has NOT been required to do English for her visas previously so you must make sure it says B1 otherwise she risks a refusal.
My wife has done IELTS Life Skills B1. Here is the link from IELTS website:

https://www.ielts.org/what-is-ielts/iel ... kills-faqs

It says IELTS Life skills B1 can be used for ILR and citizenship. I hope UKVI guidance is also the same.

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CR001
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Re: Tier 2 General To ILR - Questions and documents confirmation

Post by CR001 » Tue May 29, 2018 3:37 pm

Should be fine then.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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