ILR - employment letters, payslips

[sherkhan297]

Hi,

I would be really grateful if anyone could advise of the employment/payslip requirements specifically or in case they see any issue with my ILR application - its not very complicated, though there are a about 5 question/potential concerns I would really like clarified based on your experiences (listed after my background description below).

Background
1. Entry in the UK Sep 2006 on Work permit (valid until June 2008)

2. Work permit renewed June 2008 (valid until June 2010)

3. Moved to Tier 1 (General) in Jan 2010 (valid until Jan 2013).

4. Qualify for ILR Aug 2011
- Total days out including business trips and annual holidays = 180 exactly(excluding travel days)
- Only 1 business trip within the 180 days absent, and this was for 105 days at a stretch (over 90 days) between Aug 2008 & Nov 2008.
- Might be able to get the employer letter stating the business trip.
- Payslips for this 105 day absence were from abroad. Although regular payment in the UK was also received each of these months for arrear payments.

5. Have all payslips for the last 5 years. (last 2 years were downloadable payslips as the company moved away from hard copy slips).

6. All 5 P60s. (Again, last 2 years, downloadable and printable P60s)

7. Bank statements for the last 5 years from 2006 - 2011

6. Dependent entered the UK in July 2009 as Tier 2 dependent and moved to Tier 1 General Dependent in Jan 2010. Will complete 2 years before ILR application hence should qualify with me - All cohabitation documents present as per the new rules.

Questions -
1. I understand that 1 of the trips was over 90 days. However, have read a lot of experiences on the forum that its upto the caseworker discretion and if we have an employement letter that would help? I am also exactly at 180 days out of the UK (hence have not crossed the total limit).

2. The pay between Aug 2008 & Nov 2008 was abroad, however I did get money owed by the UK payroll department credited to my UK account each month during this period. Hence I do have UK slips for this period but basically this is the money owed as arrears.

3. In case I quit my current job next month (in June 2011), can I still apply for ILR in Aug 2011?
There could be 2 cases after I quit
- I might join another company straight away as Im looking out.
- I might be unemployed until the time of the application.
Would there be a problem in either of these cases?

I understand its better to be employed at application, however, if it does not happen
- I will still have 12 months payslips within a 15 month period
- (12 months payslips from May 2010 to May 2011 which is within the 15 months from May 2010 to Aug 2011)
- I qualify for the Tier 1 points requirements (as per the new rules where I have to prove the points again for settlement).

4. How important is the employee letter for this application with regards to the over 90 days absence?

5. Any problem with the downloadable/printable payslips/P60s? It has my name/address on it just like the regular hard copy that used to be sent out earlier.

Any advise from you guys/senior moderators on the queries above will be really helpful.

Thanks

[sherkhan297]

Any advice on the 5 queries please ?

Also, if you are on Tier 1, do you still need a separate employer letter stating that you are needed?

if anyone had a similar situation falling into any of the 5 queries and could share their experience , that would be really helpful.. Thanks again in advance....

[gidoc]

>>Questions -
1. I understand that 1 of the trips was over 90 days. However, have read a lot of experiences on the forum that its upto the caseworker discretion and if we have an employement letter that would help? I am also exactly at 180 days out of the UK (hence have not crossed the total limit).

You will need an employer letter for this trip, if not you have to take a chance. All trips more than 90 days are queried.


2. The pay between Aug 2008 & Nov 2008 was abroad, however I did get money owed by the UK payroll department credited to my UK account each month during this period. Hence I do have UK slips for this period but basically this is the money owed as arrears.

This info can be included in the above letter, it will not matter much, if you have this letter

3. In case I quit my current job next month (in June 2011), can I still apply for ILR in Aug 2011?

Yes

There could be 2 cases after I quit
- I might join another company straight away as Im looking out.
- I might be unemployed until the time of the application.
Would there be a problem in either of these cases?

No but you may want to look at the new income criteria for ILR

I understand its better to be employed at application, however, if it does not happen
- I will still have 12 months payslips within a 15 month period
- (12 months payslips from May 2010 to May 2011 which is within the 15 months from May 2010 to Aug 2011)
- I qualify for the Tier 1 points requirements (as per the new rules where I have to prove the points again for settlement).

See above

4. How important is the employee letter for this application with regards to the over 90 days absence?

See first answer, its a repeat Q

5. Any problem with the downloadable/printable payslips/P60s? It has my name/address on it just like the regular hard copy that used to be sent out earlier.

Should be fine if backed by bank statements[/i]

[sherkhan297]

Thanks gidoc.. much appreciated...

Also, will I need a separate letter (apart from the absence letter) stating that im still needed by the employer?

dont think this is needed if you are on Tier 1 ..?

[gidoc]

Also, will I need a separate letter (apart from the absence letter) stating that im still needed by the employer?

dont think this is needed if you are on Tier 1 ..?

Correct, not necessary

[geriatrix]

Hi,

My query stems from the point mentioned in the ILR crieria (Tier 1) document where it states -

Payslips: These should be either formal payslips or on company headed paper. Where formal payslips are produced on plain paper they must be stamped and signed by the employer. Payslips which are not on headed paper or if the applicant receives all pay slips online, he/she must authenticate the evidence by asking the employer to sign and stamp a printout. If the applicant provides payslips, they must cover the whole period claimed (for example, if payslips are produced monthly, the applicant must provide the payslip for each month of the period claimed).

I have hard copy payslips for 3.5 years and the remaining 1.5 years we had printable payslips. Both hard copy & the printable ones have the company name on it.. its not headed paper though, just got the employer name, employee name, address, NINO and the amount details, tax etc.

There is no signature on the hardcopy slips as well..hence I am not too sure what the above actually wants us to do.

Can anyone who has applied recently for ILR and provided payslips please advise.

Also, am I right in thinking that we need to show 12 consecutive months payslips in a 15 month period before ILR application. i.e if ILR application in mid Aug, then payslips from May 2010 to May 2011 should be sufficient ? or do we need to show Aug 2010 to Aug 2011 as the application is in Aug.?

Thanks again...

[geriatrix]

Hi,

My query stems from the point mentioned in the ILR crieria (Tier 1) document where it states -

Payslips: These should be either formal payslips or on company headed paper. Where formal payslips are produced on plain paper they must be stamped and signed by the employer. Payslips which are not on headed paper or if the applicant receives all pay slips online, he/she must authenticate the evidence by asking the employer to sign and stamp a printout. If the applicant provides payslips, they must cover the whole period claimed (for example, if payslips are produced monthly, the applicant must provide the payslip for each month of the period claimed).

This refers to the documentary evidence(s) to cover the 12 months assessment period within the 15 month window preceding the application.

If you are an existing Tier 1 (General) migrant, you must be aware of what documentary evidences are required for initial application / extension and in what format. Same applies here.

[sherkhan297]

Thanks sushdmehta..

When I applied for Tier 1 (G), the payslips were hardcopies. From your response, I assume the hardcopies for the 3.5 years should be ok.

However, from mid 2010, the company stopped posting hardcopies and we could download payslips - having the company name, employee name, NINO, tax, salary details etc..

hence, the clarification is on the company headed paper statement...and specific mention of printable salary slips in the criteria...

do they require the employer to sign/stamp this ? the amounts are shown in the bank statements as well and the employer name etc is also present on the slips..with my name/address.

[sherkhan297]

Hi there...

Anyone with experience with the online payslips and payslip period issue please could you advise?

The query is if I show the first 12 month payslips in a 15 month period leading up to ILR application (i.e not the last 3 months, but first 12 months in 15 months) ..will that be ok? I am on tier 1 currently ..and am looking out..

[sherkhan297]

Anyone?

[geriatrix]

Read Annex A -> 2. Tier 1 (General) Migrants.

[sherkhan297]

Hi sushdmehta..

Thanks..I have already read this requirement, and hence had the question specifically for anyone who had a live experience with online payslips..

thanks for the link anyway..