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Please Advice

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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imranb
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Please Advice

Post by imranb » Tue Dec 13, 2011 11:04 am

I am currently on Tier 1 and have my ILR appointment in a month's time. I requested my employer for a reference letter in the same format as it appears on the sticky notes on this forum. They have provided me with a letter that is addressed to 'Whom so ever it may concern', rather than specifically addressing to the UK Border Agency, Durham. My employer says they can't customize reference letters and hence I will have to live with the standard company tempate in which reference letters are issued. Can someone please advice if this is alright? Has anyone heard of any success stories with such a standard reference letter? Any guidance will be highly appreciated.

Lucapooka
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Post by Lucapooka » Tue Dec 13, 2011 11:06 am

What do you want this letter to do with regard to the application? What purpose will it serve?

imranb
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Post by imranb » Tue Dec 13, 2011 11:14 am

Lucapooka wrote:What do you want this letter to do with regard to the application? What purpose will it serve?
I have read across the spectrum of this forum that an employer letter is required to support the fact that you are currently employed with your employer and will be required by the organisation for a forseeable future.

Lucapooka
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Post by Lucapooka » Tue Dec 13, 2011 11:17 am

Yes, but that is for WP and Tier 2. For Tier 1 you don't even need to be working. If you are going to use the information on this site please ensure that what you are reading reflects the immigration category you have.

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Post by geriatrix » Tue Dec 13, 2011 11:23 am

imranb wrote:I am currently on Tier 1 and have my ILR appointment in a month's time. I have very limited absences away from UK in the last 5 years (less than 40 days overall). Do I still need to prepare a seperate list of absences on a seperate sheet of paper? Is there a simple format to do that? Is it really required? Any guidance will be highly appreciated.
Life isn't fair, but you can be!

imranb
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Post by imranb » Tue Dec 13, 2011 11:28 am

Lucapooka wrote:Yes, but that is for WP and Tier 2. For Tier 1 you don't even need to be working. If you are going to use the information on this site please ensure that what you are reading reflects the immigration category you have.
OK. Thanks for confirming that. Having said that, I have noticed that most of the Tier 1 applicants do submit this letter, maybe just to be safe and ensure that the case worker is convinced about our employment and financial status. Just wanted to be sure than sorry. If you say that as a Tier 1 category applicant applying for ILR, I don’t even need to prove that I am employed, does this mean that I don’t need to explicitly prove the number of points that I had scored in my last Tier 1 application?

Lucapooka
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Post by Lucapooka » Tue Dec 13, 2011 11:33 am

I also think a lot of people submit it for the reason that you were intending. They have read something on a forum and jumped on the wrong bandwagon.
You need to show that you have earned sufficient salary from 12 months taken as a continuous block the previous 15 months period.

imranb
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Post by imranb » Tue Dec 13, 2011 11:36 am

sushdmehta wrote:
imranb wrote:I am currently on Tier 1 and have my ILR appointment in a month's time. I have very limited absences away from UK in the last 5 years (less than 40 days overall). Do I still need to prepare a seperate list of absences on a seperate sheet of paper? Is there a simple format to do that? Is it really required? Any guidance will be highly appreciated.
Hi Sushdmehta, I am glad that you read my posts. The reason why I had posted this seperately was becuase this was a totally different subject from the one that I posted earlier. Thought it would be helpful to others as well if someone is sepcifically looking for sorting out only the list of absences issue. Nevertheless, I would request your advice on both my questions, as you are the quintessential guru on this forum.

imranb
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Post by imranb » Tue Dec 13, 2011 11:37 am

Lucapooka wrote:I also think a lot of people submit it for the reason that you were intending. They have read something on a forum and jumped on the wrong bandwagon.
You need to show that you have earned sufficient salary from 12 months taken as a continuous block the previous 15 months period.
Thanks Lucapooka. Your advice is appreciated.

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Post by Lucapooka » Tue Dec 13, 2011 11:40 am

It's not an entirely different subject. The subject is your application and so every post you make about different aspects of that application are best made in one single thread. They you have all of the information you need in one place for easy reference. It also allows others contributors to see what you already know and what you still need to know, and they can leave a comment without repeating the same information that has been given in your other threads.
Last edited by Lucapooka on Tue Dec 13, 2011 11:41 am, edited 1 time in total.

imranb
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Post by imranb » Tue Dec 13, 2011 11:41 am

Lucapooka wrote:The subject is your application and so every post you make about different aspects of that application are best made in one single thread. They you have all of the information you need in one place for easy reference. It also allows others contributors to see what you already know and what you still need to know, and they can leave a comment without repeating the same information that has been given in your other threads.
Point taken. Thanks again :)

imranb
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Post by imranb » Tue Dec 13, 2011 3:51 pm

imranb wrote:
sushdmehta wrote:
imranb wrote:I am currently on Tier 1 and have my ILR appointment in a month's time. I have very limited absences away from UK in the last 5 years (less than 40 days overall). Do I still need to prepare a seperate list of absences on a seperate sheet of paper? Is there a simple format to do that? Is it really required? Any guidance will be highly appreciated.
I would request some kind soul to help me with the above query as well.

zahid.ali.anwar
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Post by zahid.ali.anwar » Tue Dec 13, 2011 4:02 pm

imranb wrote:
imranb wrote:
sushdmehta wrote:
imranb wrote:I am currently on Tier 1 and have my ILR appointment in a month's time. I have very limited absences away from UK in the last 5 years (less than 40 days overall). Do I still need to prepare a seperate list of absences on a seperate sheet of paper? Is there a simple format to do that? Is it really required? Any guidance will be highly appreciated.
I would request some kind soul to help me with the above query as well.
You don't need a separate sheet for it. If your entries for leaves fill in the relevant section then you don't need an aditional sheet. If they don't then you need one.
The question is... to be or not to be....

aspirant09
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Post by aspirant09 » Tue Dec 13, 2011 4:03 pm

No you don't need to prepare a seperate sheet. Just mentioned your absences in the form where it asks for dates leaving and reentering UK>
:-)

imranb
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Post by imranb » Tue Dec 13, 2011 4:42 pm

zahid.ali.anwar wrote:
imranb wrote:
imranb wrote:
sushdmehta wrote:
I would request some kind soul to help me with the above query as well.
You don't need a separate sheet for it. If your entries for leaves fill in the relevant section then you don't need an aditional sheet. If they don't then you need one.
Great. Thanks. You guys are stars...

imranb
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Post by imranb » Tue Dec 13, 2011 4:43 pm

zahid.ali.anwar wrote:
imranb wrote:
imranb wrote:
sushdmehta wrote:
I would request some kind soul to help me with the above query as well.
You don't need a separate sheet for it. If your entries for leaves fill in the relevant section then you don't need an aditional sheet. If they don't then you need one.
Great. Thanks. You guys are stars...

imranb
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Joined: Tue Jun 07, 2011 10:04 pm

Post by imranb » Tue Dec 13, 2011 4:43 pm

aspirant09 wrote:No you don't need to prepare a seperate sheet. Just mentioned your absences in the form where it asks for dates leaving and reentering UK>
Great. Thanks. You guys are stars...

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Post by geriatrix » Wed Dec 21, 2011 10:08 am

imranb wrote:I am applying for ILR with my wife and 2 kids at Solihull PEO as a Tier 1 applicant.

The expectation on Cohabitation documents on the Set(O) form mentions that 'If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.'

My queries are as follows:

1) I was last granted leave as Tier 1 Migrant in March 2009. Am I right to interpret from the above that I can provide proof of cohabitation for upto 2 years anytime between March 2009 and current date?

2) I have proof of cohabitation from Dec 2011 to Dec 2010, but absolutely no documents to prove cohabitation between Dec 2010 and Dec 2009. Though, I do have cohabitation docs prior to Dec 2009. In a nutshell, I have proof of cohabitation for only 1 year out of the last 2 years, but have for 2 years out of the last 3 years. Is it alright if I provide documentation for the 1st year and 3rd year in the last 3 years? If we look at the above quote from the set(O) form, it appears to me that I can provide proof of upto 2 years anytime between my last granted leave (March 2009 & now). Am I right in assuming this?

Please advice if I should be be OK in the above situation or not. I am getting very nervous about my wife's application due to this cohabitation clause, even though my wife has been with me for the whole 5 years, and all her home office applications for leave to remain { [WP-Year1] + [WP-Year2] + [Tier2-Year3] + [Tier1-Year3] } were made as my dependant.
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Wed Dec 21, 2011 10:28 am

The relevant immigration rule does not specifically state that the requirement (living together for at least 2 years) is for the 2 years preceding the application.

That said, if questioned, you may have to explain things.
Life isn't fair, but you can be!

abhijack
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Post by abhijack » Wed Dec 21, 2011 11:52 am

@ imranb...

1. you are right...some peos ask people on tier 1 as well for employer letter..and your 'to whomsoever it concern' letter is good enough for that purpose if your CW ask for one.

2. re: cohabitation i think there is difference in practice between various PEOs. if it helps i have noticed liverpool peo are not bothered about cohab docs as they feel the dependant would have been living with the main applicant.

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