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Due for Ilr But finished project.

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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Sha27
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Due for Ilr But finished project.

Post by Sha27 » Thu May 10, 2012 8:56 pm

Hello

I am on tier 2 ICT.I have finished my 5yrs and 4 months but all of a sudden my project is finished.What should I do??Can I still apply for ILR.

Please advise.

Thank you.

geriatrix
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Post by geriatrix » Thu May 10, 2012 9:14 pm

Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Mon May 28, 2012 9:21 pm

Sha27 wrote:I am working on tier 2 and completed my 5 years.I am due for my ILR now.I get Paid in home country as well as in England.I actually get paid 42700 Per annumn.But on my P60 company has shown 46000.Please suggest is this should be a problem??

If yes can company show that they pay me bonus and travel expenses.Because company actually pays me my travel expenses and bonus.

Thank u.
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Mon May 28, 2012 9:21 pm

Has your employer agreed to not send you back? And support your settlement application?

What was the salary confirmed by your sponsor when they applied for your CoS?
What does these travel expenses constitute?
Life isn't fair, but you can be!

Sha27
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Post by Sha27 » Mon May 28, 2012 10:42 pm

Thanks for your reply.Yes My project is extended by 6 months.
When My recent cos was issued salary is 46000.First one was 37000 as I was developer now got pramoted as PM.
Travel expenses as in In one year company send me n my family of 4 to home country and bear all cost of visa n tickets.

Thank u.

geriatrix
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Post by geriatrix » Mon May 28, 2012 11:35 pm

If your CoS was issued with a salary of 46K and the P60 shows 46K, then why do you want to include travel expenses as part of your earnings?

The Tier 2 policy guidance states that such allowances (e.g. - paying for return tickets for the family to home country and visas) are not part of "salary" for the purpose of sponsorship. And perhaps, it is for this very reason that these expenses / allowances are not paid to you in UK but credited to your account in India.

Bonus can be included.
Life isn't fair, but you can be!

Sha27
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Joined: Wed Apr 11, 2012 9:28 am

Post by Sha27 » Wed May 30, 2012 7:48 pm

My Apologies sorry I have got 46000 on COS and 42500 on p60.Will there b any problem even if company gives a letter stating rest of money we pay him as bonus.

Again I am really sorry for writing wrong figures.

geriatrix
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Post by geriatrix » Wed May 30, 2012 9:31 pm

Bonuses are usually reflected in a salary slip, when they are paid. What evidence do you have (other than the letter from employer) that you've been paid a bonus of 3500 quids?

Also, is this 3500 quids shortfall just because this is your allowance for travel expenses (plane tickets + visa)? Does your employer issue you a separate salary slip for this payment(s).
Life isn't fair, but you can be!

Sha27
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Post by Sha27 » Thu May 31, 2012 11:44 am

Thank you sushdmehta.No my employer dont give me any salary Slip.Actually I get paid here and some part in home country.These are 2 salary slip I get.
If I include both these salaries before tax it come out to be 42000.But in this figure travel expense n bonus is not included.
My question is if I go for appointment can case worker ask me abt this diff.and if he does can i tell him I get bonus ??
One thing for sure I definately get paid above SOC.

Thank you

geriatrix
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Post by geriatrix » Thu May 31, 2012 12:05 pm

Sha27 wrote:One thing for sure I definately get paid above SOC.
That helps.

But, no income will be considered without corroborating documentary evidence(s). So just telling a CW that you received a bonus will mean nothing unless you can provide evidence of it.

I have no knowledge of the methods organisations employ for tax savings / evasion when it comes to remuneration of Tier 2 (ICT) migrants, so cannot give definite answers for your queries.

Based on my limited understanding:
1. If your salary slip shows an income at least equal or more than the appropriate salary for the SOC for you job, and the employer provides you with the letter as required by the immigration rules, you should be fine ... unless the caseworker wishes to see your previous P60(s).
If he does, then:
1. Though, technically, you are not responsible for the discrepancy between your salary certified in the CoS and that reflected in the P60 or the reason for such discrepancy .. but you are aware of it.
2. You may be asked to provide documentary evidence(s) from your employer to clarify the discrepancy.
3. Your application may be deferred (if apply in-person) pending receipt of requested documents.

In a nutshell, it all depends on the CW assessing your application ... and how deep will he / she dig into your economic activity during your stay in the UK. If he / she is happy with the salary slip, bank statement and employer letter - you'll be fine. But if he/she decides to look into whether you have been employed in accordance with your WP/CoS during the preceding 5 years, then you may have some questions to answer / evidence to provide.
Life isn't fair, but you can be!

Sha27
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Joined: Wed Apr 11, 2012 9:28 am

Post by Sha27 » Thu May 31, 2012 12:47 pm

Thank you sushdmehta:)God bless you and family for your immense help to needful.

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