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ILR after 5 years WP & Salary

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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CDP
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ILR after 5 years WP & Salary

Post by CDP » Wed Feb 01, 2012 4:34 pm

Hi All,

I have on WP since June 2007 and will be due for ILR soon in May/June.

My ques are,

1) I am getting less than what we have shown on my WP in 2007, my all P60 (except 2011/12) is showing less salaries paid. Do i still need to show those P60s???

2) For licence issue, HO staff visited to our office and didn't grant licence reason was given that WP holder is not being treated well in terms of wages. Will this affect my ILR application?

3) my WP designation of work is now not in SOC and nearest is in higher salary criteria which I can't show for my last 4 years, do we have to show SOC?

I would be much more thankful for the advice on this as I have got time if I need to ask my employer to increase my wages.

CDP

CDP
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Re: ILR after 5 years WP & Salary

Post by CDP » Thu Feb 02, 2012 2:09 pm

Can anyone please reply me for the below ques.......please......




Hi All,

I have on WP since June 2007 and will be due for ILR soon in May/June.

My ques are,

1) I am getting less than what we have shown on my WP in 2007, my all P60 (except 2011/12) is showing less salaries paid. Do i still need to show those P60s???

2) For licence issue, HO staff visited to our office and didn't grant licence reason was given that WP holder is not being treated well in terms of wages. Will this affect my ILR application?

3) my WP designation of work is now not in SOC and nearest is in higher salary criteria which I can't show for my last 4 years, do we have to show SOC?

I would be much more thankful for the advice on this as I have got time if I need to ask my employer to increase my wages.

CDP[/quote]

innocentdevil
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Posts: 1151
Joined: Thu Aug 27, 2009 9:58 am

Re: ILR after 5 years WP & Salary

Post by innocentdevil » Thu Feb 02, 2012 2:23 pm

CDP wrote:Can anyone please reply me for the below ques.......please......




Hi All,

I have on WP since June 2007 and will be due for ILR soon in May/June.

My ques are,

1) I am getting less than what we have shown on my WP in 2007, my all P60 (except 2011/12) is showing less salaries paid. Do i still need to show those P60s???

yes, P60s will help


2) For licence issue, HO staff visited to our office and didn't grant licence reason was given that WP holder is not being treated well in terms of wages. Will this affect my ILR application?

was you the person in question who wasn't treated well in terms of wages


3) my WP designation of work is now not in SOC and nearest is in higher salary criteria which I can't show for my last 4 years, do we have to show SOC?

if you are on WP still. SOC is important, other may have more info than I do.


I would be much more thankful for the advice on this as I have got time if I need to ask my employer to increase my wages.

CDP
[/quote]

CDP
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Re: ILR after 5 years WP & Salary

Post by CDP » Thu Feb 02, 2012 2:30 pm

I have got all P60s only thing is it is showing less amount than what I was offered....

I am the only WP holder in the co, employer didn't treat me well, I wanted WP and that's why they have shown more salary on employment letter just to get WP.

I am still on WP, but my work is not under SOC, what should I do? If I find anything nearest, that asks for more salary??

innocentdevil
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Re: ILR after 5 years WP & Salary

Post by innocentdevil » Thu Feb 02, 2012 2:42 pm

CDP wrote:I have got all P60s only thing is it is showing less amount than what I was offered....

I am the only WP holder in the co, employer didn't treat me well, I wanted WP and that's why they have shown more salary on employment letter just to get WP.

I am still on WP, but my work is not under SOC, what should I do? If I find anything nearest, that asks for more salary??
I am not a WP holder so I am afraid I don't have any more info which I can help you with. I am sure some of the seniors will know something about it.

yanbo
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Re: ILR after 5 years WP & Salary

Post by yanbo » Thu Feb 02, 2012 2:52 pm

CDP wrote: 1) I am getting less than what we have shown on my WP in 2007, my all P60 (except 2011/12) is showing less salaries paid. Do i still need to show those P60s???

2) For licence issue, HO staff visited to our office and didn't grant licence reason was given that WP holder is not being treated well in terms of wages. Will this affect my ILR application?

3) my WP designation of work is now not in SOC and nearest is in higher salary criteria which I can't show for my last 4 years, do we have to show SOC?
1) P60s are not mentioned in the list of the supporting documents in the Application Form. Nevertheless, almost all case workers are asking for them and my advice is to have them ready. The fact that your salary in the past was not as high as stated in the WP might not be a problem as long as all taxes and contributions have been paid accordingly to the salary. P60 will show that plus p60 show that you were economically active and been living and working in the UK for last five years.

2) I would like to hear what seniors think about this but I believe it should not have any impact on the decisioning for your ILR as if you get ILR, your employer is not your sponsor anymore. That would make problems only if you applied for Tier 2 though.

3) Your current salary must be at above level stated in SOC list for your job. Your employer must state SOC code that closely matches your job description.

CDP
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Re: ILR after 5 years WP & Salary

Post by CDP » Thu May 24, 2012 3:19 pm

yanbo wrote:
CDP wrote: 1) I am getting less than what we have shown on my WP in 2007, my all P60 (except 2011/12) is showing less salaries paid. Do i still need to show those P60s???

2) For licence issue, HO staff visited to our office and didn't grant licence reason was given that WP holder is not being treated well in terms of wages. Will this affect my ILR application?

3) my WP designation of work is now not in SOC and nearest is in higher salary criteria which I can't show for my last 4 years, do we have to show SOC?
1) P60s are not mentioned in the list of the supporting documents in the Application Form. Nevertheless, almost all case workers are asking for them and my advice is to have them ready. The fact that your salary in the past was not as high as stated in the WP might not be a problem as long as all taxes and contributions have been paid accordingly to the salary. P60 will show that plus p60 show that you were economically active and been living and working in the UK for last five years.
THIS IS FINE
2) I would like to hear what seniors think about this but I believe it should not have any impact on the decisioning for your ILR as if you get ILR, your employer is not your sponsor anymore. That would make problems only if you applied for Tier 2 though.
CAN ANYONE REPLY PLEASE, I HAVE APPOINTMENT NEXT WEEK.....WHAT TO DO IF I WAS GETTING LESS THAN SHOWN IN WP?????
3) Your current salary must be at above level stated in SOC list for your job. Your employer must state SOC code that closely matches your job description.
THANKS, THIS IS OKAY SINCE NOV 2011.

geriatrix
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Post by geriatrix » Thu May 24, 2012 4:00 pm

CDP wrote:Hi,

My ILR is due in June.
I am on WP since 5 years with same employer.
Since WP (July 2007) till March 2011, I was not getting total wages as shown in WP papers.

Now my ILR is due, does is create any problem???
and if any, please guide me for solutions.

My employer has given me nearest SOC as per my work, would it be okay, as per that my wages are ok since Nov 2011.

If Home Office reject this, what are the chances for appeal???

Please anyone who has got same case, please share and seniors please advice.

Thanks
Life isn't fair, but you can be!

CDP
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pls reply, I need help!!!!

Post by CDP » Tue Jun 05, 2012 10:18 pm

Hi All,

I have got ILR appointment due in 15 days. and am bit tense.

1) I was working for other employer since Aug 2010 till April 2011 as a weekend part-timer, can they reject the application on this basis???

2) How would they accept the documents, in a file or as they required?

Can someone please reply asap.

Thanks
CDP

geriatrix
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Post by geriatrix » Tue Jun 05, 2012 10:27 pm

1. Though your employer and not you are directly responsible for the fact that you were paid less (until Nov. 2011) than what you should have been, in line with your WP, but you have been aware of it. Whether or not a caseworker will check whether your employment in the 5 years preceding the application was in line with your WP is something no one can guess for you.
2. Likewise, whether or your secondary employment was something that was allowed under WP scheme is something that will only come up if a caseworker digs deep into your employment details during the 5 years in question.
Life isn't fair, but you can be!

CDP
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Post by CDP » Wed Jun 06, 2012 8:52 am

sushdmehta wrote:1. Though your employer and not you are directly responsible for the fact that you were paid less (until Nov. 2011) than what you should have been, in line with your WP, but you have been aware of it. Whether or not a caseworker will check whether your employment in the 5 years preceding the application was in line with your WP is something no one can guess for you.
2. Likewise, whether or your secondary employment was something that was allowed under WP scheme is something that will only come up if a caseworker digs deep into your employment details during the 5 years in question.
Thanks Sushdmehta,
in the matter of my pay earlier, I think I have had many replies 3-4 months ago.....and I guess as long as you are with same employer, there shouldn't be problem.

I am only scared about my 2nd employments which was a year ago as I was reading yesterday in closed catagory and they say, they may refuse it on this basis.
What are the chances after refusal for appealing??

Can I get some more reply please.....

manci
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Post by manci » Wed Jun 06, 2012 10:13 am

CDP wrote:
sushdmehta wrote:1. Though your employer and not you are directly responsible for the fact that you were paid less (until Nov. 2011) than what you should have been, in line with your WP, but you have been aware of it. Whether or not a caseworker will check whether your employment in the 5 years preceding the application was in line with your WP is something no one can guess for you.
2. Likewise, whether or your secondary employment was something that was allowed under WP scheme is something that will only come up if a caseworker digs deep into your employment details during the 5 years in question.
Thanks Sushdmehta,
in the matter of my pay earlier, I think I have had many replies 3-4 months ago.....and I guess as long as you are with same employer, there shouldn't be problem.

I am only scared about my 2nd employments which was a year ago as I was reading yesterday in closed catagory and they say, they may refuse it on this basis.What are the chances after refusal for appealing??

Can I get some more reply please.....
The rules applicable to work permit employment have been removed from the Immigration Rules so this would be difficult to check unless someone can access the archives.

However, it may have some relevance to your situation that currently for Tier 2 migrants supplementary emplopyment is allowed without having to inform UKBA. NB: this is called "supplementary" rather than "secondary" employment which is a different category. The rules for Tier 2 are:

Supplementary employment
202. You do not need to inform us of any supplementary employment, as long as it is:
• in the same profession and at the same professional level as the work for which your Certificate of Sponsorship was assigned; and
• no more than 20 hours per week; and
• outside of the normal working hours for which your Certificate of Sponsorship was assigned.
203. In addition, you must continue to work for your sponsor in the job recorded on your Certificate of Sponsorship.

CDP
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Post by CDP » Wed Jun 06, 2012 10:25 am

manci wrote:
CDP wrote:
sushdmehta wrote:1. Though your employer and not you are directly responsible for the fact that you were paid less (until Nov. 2011) than what you should have been, in line with your WP, but you have been aware of it. Whether or not a caseworker will check whether your employment in the 5 years preceding the application was in line with your WP is something no one can guess for you.
2. Likewise, whether or your secondary employment was something that was allowed under WP scheme is something that will only come up if a caseworker digs deep into your employment details during the 5 years in question.
Thanks Sushdmehta,
in the matter of my pay earlier, I think I have had many replies 3-4 months ago.....and I guess as long as you are with same employer, there shouldn't be problem.

I am only scared about my 2nd employments which was a year ago as I was reading yesterday in closed catagory and they say, they may refuse it on this basis.What are the chances after refusal for appealing??

Can I get some more reply please.....
The rules applicable to work permit employment have been removed from the Immigration Rules so this would be difficult to check unless someone can access the archives.

However, it may have some relevance to your situation that currently for Tier 2 migrants supplementary emplopyment is allowed without having to inform UKBA. NB: this is called "supplementary" rather than "secondary" employment which is a different category. The rules for Tier 2 are:

Supplementary employment
202. You do not need to inform us of any supplementary employment, as long as it is:
• in the same profession and at the same professional level as the work for which your Certificate of Sponsorship was assigned; and
• no more than 20 hours per week; and
• outside of the normal working hours for which your Certificate of Sponsorship was assigned.
203. In addition, you must continue to work for your sponsor in the job recorded on your Certificate of Sponsorship.
Thanks Manci for your quick reply.
I was working only 16 hours on weekends only.....my employer didn't have any problem as I was working Mon - Fri with WP employer as per contract. Only thing is that job was not same profession as I was granted WP for.....
I hope it won't create any problem.....
can we appeal against this just in case if they refuse it???
Would like to hear from others with same problems....

Smam
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Post by Smam » Wed Jun 06, 2012 12:36 pm

Hi

As already mentioned by Suchmehta that no one can tell you that if the CW will dig a little bit more in to details about your 2nd employment. Well you must have heard the saying if you go quite and confidently you'll be safe and sound and home and dry.

Just dont worry people who work at UKBA are not Magicians they only know the stuff what you're going to tell them that's all I can I'll advice you that just stay quite and be confident on your self I am hoping that you'll definitely be fine.

Please do share your PEO experience on the forum.

Good luck for your ILR.

CDP
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Post by CDP » Wed Jun 06, 2012 1:02 pm

Smam wrote:Hi

As already mentioned by Suchmehta that no one can tell you that if the CW will dig a little bit more in to details about your 2nd employment. Well you must have heard the saying if you go quite and confidently you'll be safe and sound and home and dry.

Just dont worry people who work at UKBA are not Magicians they only know the stuff what you're going to tell them that's all I can I'll advice you that just stay quite and be confident on your self I am hoping that you'll definitely be fine.

Please do share your PEO experience on the forum.

Good luck for your ILR.
Hi Smam,

Thanks a million :) ......I hope the same......
As always I have to be confident for this like you said.......
Thanks again....

I will share my PEo exp. once I am done with it.....

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