ILR application - Few questions

[nadeemshafiq]

Hi,

I have an appointment with my dependent wife at PEO Liverpool for ILR application.

My ILR route is WP - > WP (change of employment) - > HSMP - > Tier 1.

My employment/visa history in UK is:

August 2005 - March 2006 - Work permit - Assistant accountant at a Property Company in London
April 2007 - February 2008 - Work permit (transfer) - Property accountant (fixed term contract) asset management company in Edinburgh
March 2008 - June 2008 - HSMP - Umemployed
July 2008 - date - Tier 1 - Property accountant in asset management company in Edinburgh

I have all documents, P60, payslips, bank statements for my employment with the asset management company in Edinburgh but I do not have anything for the work I did in London.

I have received a letter from the employer in London confirming my employment and have requested a letter from HMRC confirming my tax deductions during my employment in London. Problem here is that tax per HMRC record does not tie with the work permit. I was given a work related accommodation as part of the job which is non taxable and therefre not reported to HMRC. Can this be a problem? Will HMRC try to match the salary and if they do, will they be satisfied with the explanation (non tax benefits)?

Secondly, my 5 years stay completed in August 2010 but i could not apply for ILR then. Should i now apply for period from Aug 05 to Aug 10 or from April 2006 to March 2011?

Lastly, any recommendation as to whether I should apply in post or through PEO? Issue of my salary being different in HMRC record and Work permit is the only reason why i am keen to apply in person so i can answer any questions. Otherwise its not work 500 or so extra that is charged on the same day service.

Thanks a lot.

[nadeemshafiq]

Is the 5 year period from the date of entry or from the date of application?

I have stayed in UK on WP, HSMP and Tier 1 visas for 5.5 years. Should my application be for the first 5 years (September 2005 to August 2010) or it should be for 5 years from date of application (March 2006 to February 2011)?

If its the second one, then I left UK and entered again in April 2006. What should I put in the form as my date of entry to the UK (start of qualifying period) because if i put April 2006, i am not eligible for application.

[geriatrix]

August 2005 - March 2006 - Work permit - Assistant accountant at a Property Company in London
April 2007 - February 2008 - Work permit (transfer) - Property accountant (fixed term contract) asset management company in Edinburgh

What was immigration status between March 2006 and April 2007?
If you had no valid leave to enter / remain in the UK during that period, or if you were out UK during that period any reason(s) other than employer authorised overseas assignment, your ILR clock was reset. In such case, you couldn't have been eligible for settlement in Aug'10! Please clarify, if otherwise.

August 2005 - March 2006 - Work permit - Assistant accountant at a Property Company in London
April 2007 - February 2008 - Work permit (transfer) - Property accountant (fixed term contract) asset management company in Edinburgh
March 2008 - June 2008 - HSMP - Umemployed
July 2008 - date - Tier 1 - Property accountant in asset management company in Edinburgh

Unless you can explain the gap between Mar'06-Apr'07, I don't see how you qualify for settlement before April 2012!

I have received a letter from the employer in London confirming my employment and have requested a letter from HMRC confirming my tax deductions during my employment in London. Problem here is that tax per HMRC record does not tie with the work permit. I was given a work related accommodation as part of the job which is non taxable and therefre not reported to HMRC. Can this be a problem? Will HMRC try to match the salary and if they do, will they be satisfied with the explanation (non tax benefits)?

I don't think this should be an issue any more, since this discrepancy relates to a period (Aug'05-Mar'06) that will now fall out of the (5 year) qualifying period preceding the application.

With regards to the qualifying residential period, the application is based on the qualifying (5 years) residential period preceding the application. So you cannot make an application, now, on the basis of 5 years stay that ended in the past (e.g. - Aug'05-Aug'10, as you say).

And if the months you have quoted reflect the validity of the visas, then they may be irrelevant. What is relevant is your actual stay in the UK. If different, sharing those dates will be more useful.


regards

[nadeemshafiq]

Apologies. There was a typo in dates. Below are correct dates. There was no gap in visa from august 2005 to date.

August 2005 - March 2007 - Work permit - Assistant accountant at a Property Company in London


April 2007 - February 2008 - Work permit (transfer) - Property accountant (fixed term contract) asset management company in Edinburgh


March 2008 - June 2008 - HSMP - Umemployed


July 2008 - date - Tier 1 - Property accountant in asset management company in Edinburgh

Can you please kindly respond to the queries based on above dates.

Thanks a lot.

[geriatrix]

In such case, you should be able to apply for settlement any time you wish.

Answers to other queries (e.g. - income discrepancy. qualifying period etc.) remain unchanged.


regards

[shaz408]

In such case, you should be able to apply for settlement any time you wish.

Answers to other queries (e.g. - income discrepancy. qualifying period etc.) remain unchanged.


regards

Hi sushdmehta,

Could you please answer for the part of the question where nadeemshafiq is having a problem with income discrepancy.

I am in kind of similar situation and would appreciate your response.