T2 to ILR Employerletter: dates, days and non-working period

[SSon]

Hi All,

I was searching the forums but didn't find the answer.

Will appreciate if you could help me please.

Tier 2 General with spouse and child born in the UK. Both child and spouse are on dependant visas. The child has a passport from the country we are originally from but was born in the UK and then got a dependant visa once we were extending our visas.

1. Is it true that my spouse and I can apply for ILR but our child can stay as a dependant without applying to ILR? And once we will get the ILR we can request to register our child as a British citizen bypassing his ILR? Just don't want to spend a lot of money for child's application if it is legal and possible to do so.
2. Are there any bank statements required to confirm maintenance for dependant and the child while applying for ILR?
3. If the maintenance is required much the balance should be?
4. In case if the maintenance is required will it be enough to show that my spouse is working too (a letter from employer + a payslip) or it should be a bank statement? Just want to know to transfer some savings to the account in advance.

Thank you so much!

[apsk]

Hi All,

I was searching the forums but didn't find the answer.

Will appreciate if you could help me please.

Tier 2 General with spouse and child born in the UK. Both child and spouse are on dependant visas. The child has a passport from the country we are originally from but was born in the UK and then got a dependant visa once we were extending our visas.

1. Is it true that my spouse and I can apply for ILR but our child can stay as a dependant without applying to ILR? And once we will get the ILR we can request to register our child as a British citizen bypassing his ILR? Just don't want to spend a lot of money for child's application if it is legal and possible to do so. Yes, Correct
2. Are there any bank statements required to confirm maintenance for dependant and the child while applying for ILR? Not Required
3. If the maintenance is required much the balance should be? Not required
4. In case if the maintenance is required will it be enough to show that my spouse is working too (a letter from employer + a payslip) or it should be a bank statement? Just want to know to transfer some savings to the account in advance. Not required

Thank you so much!

This response is my understanding, any senior member here could advise if it is otherwise.

[SSon]

Hi All,

I was searching the forums but didn't find the answer.

Will appreciate if you could help me please.

Tier 2 General with spouse and child born in the UK. Both child and spouse are on dependant visas. The child has a passport from the country we are originally from but was born in the UK and then got a dependant visa once we were extending our visas.

1. Is it true that my spouse and I can apply for ILR but our child can stay as a dependant without applying to ILR? And once we will get the ILR we can request to register our child as a British citizen bypassing his ILR? Just don't want to spend a lot of money for child's application if it is legal and possible to do so. Yes, Correct
2. Are there any bank statements required to confirm maintenance for dependant and the child while applying for ILR? Not Required
3. If the maintenance is required much the balance should be? Not required
4. In case if the maintenance is required will it be enough to show that my spouse is working too (a letter from employer + a payslip) or it should be a bank statement? Just want to know to transfer some savings to the account in advance. Not required

Thank you so much!

This response is my understanding, any senior member here could advise if it is otherwise.

Thanks a lot!

The one thing is not clear that if no maintenance is required why it says in SET(O) application that applicant and dependant need to show bank statements to proof they can maintain themselves? Or they just mean that we need to show that we are working and getting a salary but not required to show any savings? So confusing! Thanks!

[apsk]

Hi All,

I was searching the forums but didn't find the answer.

Will appreciate if you could help me please.

Tier 2 General with spouse and child born in the UK. Both child and spouse are on dependant visas. The child has a passport from the country we are originally from but was born in the UK and then got a dependant visa once we were extending our visas.

1. Is it true that my spouse and I can apply for ILR but our child can stay as a dependant without applying to ILR? And once we will get the ILR we can request to register our child as a British citizen bypassing his ILR? Just don't want to spend a lot of money for child's application if it is legal and possible to do so. Yes, Correct
2. Are there any bank statements required to confirm maintenance for dependant and the child while applying for ILR? Not Required
3. If the maintenance is required much the balance should be? Not required
4. In case if the maintenance is required will it be enough to show that my spouse is working too (a letter from employer + a payslip) or it should be a bank statement? Just want to know to transfer some savings to the account in advance. Not required

Thank you so much!

This response is my understanding, any senior member here could advise if it is otherwise.

Thanks a lot!

The one thing is not clear that if no maintenance is required why it says in SET(O) application that applicant and dependant need to show bank statements to proof they can maintain themselves? Or they just mean that we need to show that we are working and getting a salary but not required to show any savings? So confusing! Thanks!

As per my understanding we don't need to show any maintenance funds as minimum threshold of salary to qualify for ILR explains it all. Though showing some maintenance fund will not do any harm, it will work in favour of application. I believe they ask for bank statement only to cross check the salary incoming regularly. Please advise if anyone thinks otherwise.

[SSon]

Hi All,

I was searching the forums but didn't find the answer.

Will appreciate if you could help me please.

Tier 2 General with spouse and child born in the UK. Both child and spouse are on dependant visas. The child has a passport from the country we are originally from but was born in the UK and then got a dependant visa once we were extending our visas.

1. Is it true that my spouse and I can apply for ILR but our child can stay as a dependant without applying to ILR? And once we will get the ILR we can request to register our child as a British citizen bypassing his ILR? Just don't want to spend a lot of money for child's application if it is legal and possible to do so. Yes, Correct
2. Are there any bank statements required to confirm maintenance for dependant and the child while applying for ILR? Not Required
3. If the maintenance is required much the balance should be? Not required
4. In case if the maintenance is required will it be enough to show that my spouse is working too (a letter from employer + a payslip) or it should be a bank statement? Just want to know to transfer some savings to the account in advance. Not required

Thank you so much!

This response is my understanding, any senior member here could advise if it is otherwise.

Thanks a lot!

The one thing is not clear that if no maintenance is required why it says in SET(O) application that applicant and dependant need to show bank statements to proof they can maintain themselves? Or they just mean that we need to show that we are working and getting a salary but not required to show any savings? So confusing! Thanks!

As per my understanding we don't need to show any maintenance funds as minimum threshold of salary to qualify for ILR explains it all. Though showing some maintenance fund will not do any harm, it will work in favour of application. I believe they ask for bank statement only to cross check the salary incoming regularly. Please advise if anyone thinks otherwise.

This is really an interesting one.

If HO wants to check that we are really getting salaries, they can easily check our National Insurance and see that we get this much and pay taxes (this is what they do anyway as they say this on their site!). Also, they can request just a payslip not the bank statement.

[CR001]

This is really an interesting one.

If HO wants to check that we are really getting salaries, they can easily check our National Insurance and see that we get this much and pay taxes (this is what they do anyway as they say this on their site!). Also, they can request just a payslip not the bank statement.

Payslips on their own can be 'modified' to 'show' you meet the ILR salary requirement (yes, you would be surprised what people try). HO want to see payslips and corresponding original bank statement to make sure it is true and factual and matches the employer letter too. It is the applicants responsibility to make sure their application is complete with all the required documents to prove they qualify for ILR.

[SSon]

This is really an interesting one.

If HO wants to check that we are really getting salaries, they can easily check our National Insurance and see that we get this much and pay taxes (this is what they do anyway as they say this on their site!). Also, they can request just a payslip not the bank statement.

Payslips on their own can be 'modified' to 'show' you meet the ILR salary requirement (yes, you would be surprised what people try). HO want to see payslips and corresponding original bank statement to make sure it is true and factual and matches the employer letter too. It is the applicants responsibility to make sure their application is complete with all the required documents to prove they qualify for ILR.

Hi CR001,

Thanks a lot for clarifying this!

Wow, never thought people can do this! So dodgy!

May I please ask if you could confirm I definitely do not need to show any minimum amount / savings in my bank statements to proof that I can maintain myself, my spouse and our child?

Also, do my spouse need to show bank statements and a payslip / letter from work confirming they are in full-time employment or this is not required for their ILR? If yes, do they need to have any savings in bank statements? Thanks.

Thanks a lot!

[CR001]

Hi CR001,

Thanks a lot for clarifying this!

Wow, never thought people can do this! So dodgy!

May I please ask if you could confirm I definitely do not need to show any minimum amount / savings in my bank statements to proof that I can maintain myself, my spouse and our child?

Also, do my spouse need to show bank statements and a payslip / letter from work confirming they are in full-time employment or this is not required for their ILR? If yes, do they need to have any savings in bank statements? Thanks.

Thanks a lot!

There is no 'maintenance fund' or 'minimum balance' or 'savings' requirement for ILR on the PBS ILR route.

If you are applying with your Dependents at the same time, then only YOUR payslips/bank statements are required. Your spouses' employment is irrelevant.

[SSon]

Hi CR001,

Thanks a lot for clarifying this!

Wow, never thought people can do this! So dodgy!

May I please ask if you could confirm I definitely do not need to show any minimum amount / savings in my bank statements to proof that I can maintain myself, my spouse and our child?

Also, do my spouse need to show bank statements and a payslip / letter from work confirming they are in full-time employment or this is not required for their ILR? If yes, do they need to have any savings in bank statements? Thanks.

Thanks a lot!

There is no 'maintenance fund' or 'minimum balance' or 'savings' requirement for ILR on the PBS ILR route.

If you are applying with your Dependents at the same time, then only YOUR payslips/bank statements are required. Your spouses' employment is irrelevant.

Thank you so much for your help!!!

[SSon]

Hi Gurus,

Please help on the questions below.

Wife and I applying to ILR soon, I am a T2 Gen visa holder.

I am completing the paper-based form of the application and there are questions I want to clarify please.

1. In early 2015 (>3 years) my wife had issue with TFL fare and got court letter, however, our lawyer spoke with TFL and they agreed to arrange an out of court payment. All was sorted without court. However, TFL or police forgot to clear pending court hearing from the records and when we were extending our visas after the caseworker saw it in the system and asked for an evidence that there are no pending court hearings on her name. We were able to produce letters from court and TFL and sent them to caseworker who then phoned and advised that all is good and they are satisfied and therefore approved our application.

Now, in ILR application form it is asking if applicants ever had any court hearings or penalties. Could you confirm it is safe to say "no" as my wife in fact never had any court hearing and the issue was sorted out of the court which is not a penalty from my point of view?

My concern is: caseworker might say we didn't declare this fact in the application (even though we didn't last time too).

2. We have total 8K in savings (6K is in my account and 2K is in my wifes account). That 6K is in my account I am getting the salary to and it is there since mid Jun (transferred from savings account). If I book a priority service application I will need to pay that 6K which means that my account won't have any savings, only my salary that I receive and then spend in full every month (I pay for rent, bills, food, credit repayment, etc).

Is this an issue that my account will not have savings, only the amount from my current salary after I pay that 6K for the application?

Will it be better to order bank statements first and then pay for priority service?

My concern is: the caseworker can say I do not have enough money to support myself and dependant.

3. In SET O form there is a section called "Finance" on page 68 that is asking for proof of finance but doesn't specify any minimum balance or period of statements and payslips.

Should be there any minimum balance?

Can the payslip and statements be the most recent ones only?

Should I tick the box in that section?

4. As I said above, I transferred 6k into my current account mid-Jun, before mid-Jun I was just getting my salary and spending it, not making savings. I sometimes used my overdraft facilities, somewhere around 200 and 300 pounds and then getting salary and paying that back. So before mid-June my balance was in minus.

My concern is: if I supply bank statements for the last 3 months then the caseworker will see that I had a negative balance and then got 6K that I spent on paying for priority service and might refuse my application saying that I do not have enough income / finance to support myself and my family.

So is it ok to just submit the most recent payslip / statement?

5. Question 5.3 in the form (what is your pay each month after income tax and other deductions?): do I need to put my salary only or combined salary of myself and my wife?

6. In the same question, my salary is XX pounds and XX pence ever month. Do I need to include pence too?

7. Question 5.6 (Number of hours this salary is based on): What do I need to write there?

8. I had not so many absences (around 80 days in 5 years), all were paid holidays recorded by my sponsor. But I was travelling alone as my wife afraids of airplanes and is ok for me to travel alone to visit friends or do sightseeing. Can this be an issue (caseworker might suspect I am not on a holiday or our relationship is not genuine)?

9. Do we need to provide our marriage certificate?

[SSon]

Can any kind soul advise on these please? Worrying about bank statements and questions part, I think question 1 is not an offence and should not be declared. Thanks.

[trueblue19]

1. In early 2015 (>3 years) my wife had issue with TFL fare and got court letter, however, our lawyer spoke with TFL and they agreed to arrange an out of court payment. All was sorted without court. However, TFL or police forgot to clear pending court hearing from the records and when we were extending our visas after the caseworker saw it in the system and asked for an evidence that there are no pending court hearings on her name. We were able to produce letters from court and TFL and sent them to caseworker who then phoned and advised that all is good and they are satisfied and therefore approved our application.

Now, in ILR application form it is asking if applicants ever had any court hearings or penalties. Could you confirm it is safe to say "no" as my wife in fact never had any court hearing and the issue was sorted out of the court which is not a penalty from my point of view?

My concern is: caseworker might say we didn't declare this fact in the application (even though we didn't last time too).

Since you declared this in your previous application, and also provided evidence that it has been sorted out, what is the issue in declaring this again? I would declare it. There's no harm.


2. We have total 8K in savings (6K is in my account and 2K is in my wifes account). That 6K is in my account I am getting the salary to and it is there since mid Jun (transferred from savings account). If I book a priority service application I will need to pay that 6K which means that my account won't have any savings, only my salary that I receive and then spend in full every month (I pay for rent, bills, food, credit repayment, etc).

Is this an issue that my account will not have savings, only the amount from my current salary after I pay that 6K for the application?

Will it be better to order bank statements first and then pay for priority service?

My concern is: the caseworker can say I do not have enough money to support myself and dependant.

HO does not care about whether you have savings or not. The bank statement is for ensuring that your pay on the payslip matches the credits in your bank. As long as you dont have unpaid debt that you havent made arrangements to pay, you're fine. Overdraft etc. doesnt matter.


3. In SET O form there is a section called "Finance" on page 68 that is asking for proof of finance but doesn't specify any minimum balance or period of statements and payslips.

Should be there any minimum balance?

Can the payslip and statements be the most recent ones only?

Should I tick the box in that section?

There is no requirement for a minimum balance. The official requirement is for last one months' payslip and last one months' bank statement. However, most people submit for last 3 months. Better safe than sorry, so submit both payslips and bank statement for 3 months. Yes you need to tick this section.

4. As I said above, I transferred 6k into my current account mid-Jun, before mid-Jun I was just getting my salary and spending it, not making savings. I sometimes used my overdraft facilities, somewhere around 200 and 300 pounds and then getting salary and paying that back. So before mid-June my balance was in minus.

My concern is: if I supply bank statements for the last 3 months then the caseworker will see that I had a negative balance and then got 6K that I spent on paying for priority service and might refuse my application saying that I do not have enough income / finance to support myself and my family.

This is not a problem. HO doesnt care if you have savings or not. As long as you're getting paid above the threshold and are able to sustain yourself, its all good. You're overthinking this.

So is it ok to just submit the most recent payslip / statement?

Submit last three months

5. Question 5.3 in the form (what is your pay each month after income tax and other deductions?): do I need to put my salary only or combined salary of myself and my wife?

Only yours

6. In the same question, my salary is XX pounds and XX pence ever month. Do I need to include pence too?

You can just put the nearest £ amount. But if you want to include the pence(s) too, nor problem.

7. Question 5.6 (Number of hours this salary is based on): What do I need to write there?

This must be on your CoS and also on your employer support letter. How many hours do you work in a week? Check your CoS and your employer support letter. This can be usually 35/37.5/40 hours, and remember whatever hours you put in here should then correspond with the minimum salary requirements of your SOC as well as ILR threshold, if applicable

8. I had not so many absences (around 80 days in 5 years), all were paid holidays recorded by my sponsor. But I was travelling alone as my wife afraids of airplanes and is ok for me to travel alone to visit friends or do sightseeing. Can this be an issue (caseworker might suspect I am not on a holiday or our relationship is not genuine)?

No this is not a problem. I travel a lot for work and my wife doesnt. Just because your wife is wary of air travel doesnt mean you arent in a marriage or arent living together. I assume you're providing enough evidence of cohabitation documents for the last 24 months.

9. Do we need to provide our marriage certificate?

Yes, good idea to provide this. If you have it, submit the original along with your application

[SSon]

Sorry for late reply and thank you so much for the answers!

We actually didnt declare she had issues with TFL as the form was asking if anyone had any criminal convinctions which my wife didnt.

After resolving the dispute the TFL forgot to remove it from national computer so it was showing that there is a pending court processing in place. But we then emailed TFL and they removed the entry from national computer and we also provided the letter from TFL to caseworker and they accepted this and granted the visa.

So I assume we should not tick any box in the form as there was in fact no criminal conviction and it was all removed and cleared from the computer?

[SSon]

Dear Gurus,

I will appreciate greatly if you could review the 2 Employer letters below (1 for salary and 1 for absence) and advise if they are correct and nothing is missing as there are some specifics in my case, like company changed its name.

Thank you so much!

Letter 1:

UKBA premium service centre
ADDRESS

Date: XXX

Applicant’s name: XXX
Nationality: XXX
Passport No: XXX

Start date of employment: XXX
Normal working hours: XXX hours per week
Nearest applicable SOC code: XXX
Current annual salary: XXX

Dear Sir / Madam,

This letter is to confirm that APPLICANT is employed as JOB ROLE on a permanent basis with COMPANY NAME and will be required in this role for the foreseeable future.

APPLICANT’S current annual salary is XXX which is above the appropriate rate for the Job as stated in the Codes of Practice for Tier 2 sponsors. This annual salary will also be paid for the foreseeable future.

Please note that our company changed its name from OLD COMPANY NAME to NEW COMPANY NAME on XXX and then successfully applied for a new Sponsor License.

We are fully supportive of XXX application for Indefinite Leave to Remain (ILR).

Should you require any further information, please do not hesitate to contact me.

Yours faithfully

HR MANAGER



Letter 2:

UKBA premium service centre
ADDRESS

Date: XXX

Applicant’s name: XXX
Nationality: XXX
Passport No: XXX

Normal working hours: XXX hours per week
Normal working days: Monday - Friday
Annual leave entitlement: XXX (also specify if this does include public holidays)

Dear Sir / Madam,

This letter is to confirm that APPLICANT is employed as JOB ROLE on a permanent basis with COMPANY NAME and will be required in this role for the foreseeable future.

During his employment APPLICANT has not taken any unpaid or paternity leave.

While abroad on business trips as well as on his paid annual holidays he was still on UK payroll, paying NI and tax in the UK. His salary was deposited in his UK bank account.

All weekends and public holidays during his absence occurred during a non-working period.

The table below lists APPLICANT’S paid absences from work during the last 5 years of his employment and sets out the reasons for the same.

Year 1: MONTH YEAR – MONTH YEAR

Date left the UK Date returned to the UK No of working days Destination Purpose of Visit Notes

DATE DATE 5 COUNTRY Tourism / Holiday Passport stamps on page X

Year 2:
Year 3:
Year 4:
Year 5:

Should you require any further information, please do not hesitate to contact me.

Yours faithfully

HR MANAGER

[SSon]

Dear Gurus,

I am applying for ILR in 10 days and really confused on the below.

Could you please help on this?

1.Does the Employer letter should list all the absences for each calendar year separately (2014, 2015, etc) or each period starting from the first Tier 2 Visa date (20 Sep 2014 - 20 Sep 2015, 20 Sep 2015 - 20 Sep 2016, etc)?

2. Does the employer need to write Total Days Out or only Working Days Out? For example, if I left the UK on 1st which is Saturday and returned on 10th which is Sunday and the employer says in letter "Left the UK: 1st, Returned to the UK: 9h" do they also need to write "Total days out (excluding the date of departure of arrival): 7" or "Total Working days out: 6 (excluding the weekends)"? So should they count ALL the days or only working days?

3. Should the employer list all the holiday entitlements for each year or for the most recent year? For example, 2017 - 27 days plus public holidays, 2018 - 28 days plus public holidays?

4. How can the Employer show that where absences include weekends and public holidays then they all occurred during a non-working period? If they state in the letter that my normal working days are Mon - Fri, that I am not contracted to work on public holidays and weekends and that my annual leave entitlement includes public holidays too will this be sufficient or they need to write next to each absence something like "weekends and public holidays during this leave occurred during a non-working period"?

I would really, really, really grateful if you could help as applying very soon. Thanks a lot!

[CR001]

All topics merged (click to read)

[Akorotaeva]

You're overthinking.

Just have a long list of absences stating day you left and returned. Plus reason for them: annual leave, work, etc. If you went away for 1-2 days over a weekend, this can be "short holiday during non-working days".

No need to add anything up, or state number of working days per absence.

[SSon]

You're overthinking.

Just have a long list of absences stating day you left and returned. Plus reason for them: annual leave, work, etc. If you went away for 1-2 days over a weekend, this can be "short holiday during non-working days".

No need to add anything up, or state number of working days per absence.

Thank you so much!

What about the number of holiday entitlement for each year? Should they include the numbers for each year or for 2018 only? Thanks.

[Akorotaeva]

No need, as far as I know. All they care about is that your absences were authorised and paid (and under 180 days).

But if you want, can include something like "annual leave entitlement is 28 days plus bank holidays".