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Work permit - Tier 2 general - Applying for ILR without P60

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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binhn8
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Work permit - Tier 2 general - Applying for ILR without P60

Post by binhn8 » Thu Sep 05, 2013 11:18 pm

Dear all,
I am applying for ILR. I came to UK under work permit and switch to tier 2 general(another company). I will work in Uk for 4 year 11 month at the time I apply(25/11/2013)

For some reasons, my salary is under SOC code's requirement ( Soc code stated 31 200/annual for my job code, I got only 24k or 25k/annual).

So I cannot show my P60s.(I got only 3 P60s with salary only 24k or 25k)

I can only manage to get my salary increase to match the SOC code for the last 3 months. So I will have 3 months payslip and bank statement match the SOC code. (I can not supply previous payslip as it is under SOC code'requirement )

Will I be ok with 3 months payslips+bank statement without supplying P60s?

Many thanks for your comments!

dk2011
Senior Member
Posts: 526
Joined: Mon Mar 18, 2013 9:10 pm

Post by dk2011 » Fri Sep 06, 2013 10:57 am

Last three months pay slip is fine . Keep P60 with you and submit only when being asked. Having less salary on previous pay slips/P60 isn't a problem.

binhn8
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Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Fri Sep 06, 2013 9:23 pm

Thank you very much dk2011. I was worry about P60s.

When I show P60s, will HO know I was under pay compare to SOC? Will they think I break the immigration law at some points and refuse my application? Will they think my sponsor break the law and make my sponsor in trouble?

I have my wife living with me almost 5 years but I am going apply only for me, as I am not sure I will get ILR.

Here is my full case:
20/12/2008 came into UK under work permit (SOC salary 33K) with company A
12/02/1010 switch to Tier 2 general (SOC salary 31 200) with company B
12/02/2013 extended Tier 2 general (same job) with company B (same company)
I have no break outside Uk except paid annual holiday.
I am going to prepare document include
1. All Passport(1 old + 1new) + Resident Permit Card
2. Home Office Payment Confirmation Letter for £100
3. PEO Appointment Confirm Email
4. Filled SET(O) Application Form
5. 2 UK size Latest Photographs (FULL Name written on back side)
6. Letter from Employer to confirm holidays outside the UK are paid annual leaves
7. A Life in the UK test pass notification letter
8. Letter from my current employer confirm about my job, SOC, and they still need me…
9. About Finances: 3 months payslips and 3 months correspondent bank statement.
10. About my time under work permit: Work permit certificate

Prepare but will not show:
1. 3 P60s under current employer with annual salary 25K
2. Contract from current employer
3. P45 part 1A form
4. Contract from old employer(work permit)

Do you think I am missing anything?
I am worried about my P60s and I was under pay.
For my period under work permit, do I need anything else from my previous employer (work permit) except my work permit?

Any experiences, answer would be appreciated.

Prash_13
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Post by Prash_13 » Sat Sep 07, 2013 8:00 pm

Include the relieving letter from your previous employer. I got my ILR last week and my case was similar to you. I did not provide any P60 and no questions asked. I will post my documents check list.

binhn8
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Post by binhn8 » Sun Sep 08, 2013 2:29 am

Prash_13, thank you very much for your information. You made my day!
Would you mind if you include the format of that "relieving letter"? It would help me much.
I am looking forward to your document list. Thank again!

In case they ask for P60s. Should I show them or just answer I don't have it?
(the reason as I posted in my previous post)
dk2011, could you help please?

Kirtay
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Posts: 36
Joined: Mon Sep 09, 2013 11:06 am

Post by Kirtay » Mon Sep 09, 2013 11:09 am

Wouldn't you require "English Language Test Certificate" if you are applying after 28 October?

binhn8
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Post by binhn8 » Mon Sep 09, 2013 8:49 pm

I think "A Life in the UK test pass notification letter" is good enough.

Prash_13
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Post by Prash_13 » Mon Sep 09, 2013 11:28 pm


dk2011
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Post by dk2011 » Tue Sep 10, 2013 7:06 am

[quote="binhn8"]Prash_13, thank you very much for your information. You made my day!
Would you mind if you include the format of that "relieving letter"? It would help me much.
I am looking forward to your document list. Thank again!

In case they ask for P60s. Should I show them or just answer I don't have it?
(the reason as I posted in my previous post)--You should show them that isn't a concern .Even if you won't they can get all information from HMRC.
dk2011, could you help please?[/quote]

Prash_13
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Post by Prash_13 » Tue Sep 10, 2013 4:25 pm

Below are the format of the relieving letters I received from my previous employers: Hope this helps you and don't forget to get this letter in company's letter head.

************************************************
Previous Employer: Employment Reference

Date:

To
UKBA PEO Office Address


This letter certifies that Mr. XXXX has worked for Company A from XX XX XX To XX XX XX and served as JOB TITLE.


Job Contents -:

Mr.XXXXX was deployed in the UK on assignment from XX XXX XX to XX XX XXX.


This certificate is being issued on the request of the employee to enable for the employment reference.

Yours Sincerely,

*********************************************************
Previous Employer: Relieving Letter

Date: XX XX XXXX


Mr. XXXXX
Emp Code:XXXX


Dear Mr. XXXXX,

With reference to your letter of resignation, we hereby accept your resignation from the services of the company.


Employee Name : XXXXX
Employee ID : XXXXX
Designation : XXXXX
Date of Joining : XXXXX
Date of Relieving : XXXXX

Reason for Leaving Company A : Resignation


You are relieved after the working hours on XX XX XXXX as per the terms of your appointment.

Thank you for your support to Company A and wish you all the very best in your future endeavors.


Yours Sincerely

***************************************************

Kirtay
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Post by Kirtay » Wed Sep 11, 2013 10:54 am

binhn8 wrote:I think "A Life in the UK test pass notification letter" is good enough.
@binhn8, Sorry if I am missing something here. But as per new rules for ILR which are coming in effect from 28 Oct 2013, you will require BOTH Life in UK and English Language Certificate!

You mentioned that you are applying in Nov 2013 which will require both above unless you have a degree taught in English with valid NARIC certificate OR you have already applied your English result earlier!

I am sorry but I am trying to understand the best possible way as I am also applying in similar time as yours after 5 Year Work Permit + Tier 2 (G).

binhn8
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Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Wed Sep 18, 2013 1:14 am

dk2011 wrote:
binhn8 wrote:Prash_13, thank you very much for your information. You made my day!
Would you mind if you include the format of that "relieving letter"? It would help me much.
I am looking forward to your document list. Thank again!

In case they ask for P60s. Should I show them or just answer I don't have it?
(the reason as I posted in my previous post)--You should show them that isn't a concern .Even if you won't they can get all information from HMRC.
dk2011, could you help please?
Thank you dk2011! Sorry for being stupid as you have said it isn't a concern but if the case worker asks why my salary was lower than the SOC code, what is the best answer I should say? I hope they don't ask but just in case.

binhn8
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Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Wed Sep 18, 2013 1:15 am

dk2011 wrote:
binhn8 wrote:Prash_13, thank you very much for your information. You made my day!
Would you mind if you include the format of that "relieving letter"? It would help me much.
I am looking forward to your document list. Thank again!

In case they ask for P60s. Should I show them or just answer I don't have it?
(the reason as I posted in my previous post)--You should show them that isn't a concern .Even if you won't they can get all information from HMRC.
dk2011, could you help please?
Thank you dk2011! Sorry for being stupid as you have said it isn't a concern but if the case worker asks why my salary was lower than the SOC code, what is the best answer I should say? I hope they don't ask but just in case.

binhn8
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Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Wed Sep 18, 2013 1:17 am

Prash_13, thank you for the letters format. Your document list is really good with a lot of detail documents.

binhn8
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Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Wed Sep 18, 2013 1:21 am

Kirtay wrote:
binhn8 wrote:I think "A Life in the UK test pass notification letter" is good enough.
@binhn8, Sorry if I am missing something here. But as per new rules for ILR which are coming in effect from 28 Oct 2013, you will require BOTH Life in UK and English Language Certificate!

You mentioned that you are applying in Nov 2013 which will require both above unless you have a degree taught in English with valid NARIC certificate OR you have already applied your English result earlier!

I am sorry but I am trying to understand the best possible way as I am also applying in similar time as yours after 5 Year Work Permit + Tier 2 (G).
Hi Kirtay, I just try to complete the SET(O) form, there is no space or required about English Language Certificate. I guess if they required on Oct, they will have to change the form. Where exactly document from HO mentioned about it? I heard some people saying same like you but I cannot find any document about it. If you have it, can you please share?
Cheers,

binhn8
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Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Sun Oct 06, 2013 9:19 pm

I just found this document
https://www.gov.uk/government/uploads/s ... t-koll.pdf

It stated:

"We will accept a range of English language qualifications as evidence that an applicant has
met the requirement to hold a B1 level speaking and listening qualification. This will help ensure
that all those needing to take a test will be able to find one suitable for their needs and, so far
as possible, that no one who already has an English language qualification at B1 or above will
be required to take another one. So, for example, a person applying for settlement as a Tier 2
(General) migrant who has already demonstrated a knowledge of English equivalent to B1 level in
order to qualify for entry clearance, will not have to take a further test at settlement stage
."

So I think Tier 2 immigrants don't need re-take the test. Any senior members please help to confirm.
binhn8 wrote:
Kirtay wrote:
binhn8 wrote:I think "A Life in the UK test pass notification letter" is good enough.
@binhn8, Sorry if I am missing something here. But as per new rules for ILR which are coming in effect from 28 Oct 2013, you will require BOTH Life in UK and English Language Certificate!

You mentioned that you are applying in Nov 2013 which will require both above unless you have a degree taught in English with valid NARIC certificate OR you have already applied your English result earlier!

I am sorry but I am trying to understand the best possible way as I am also applying in similar time as yours after 5 Year Work Permit + Tier 2 (G).
Hi Kirtay, I just try to complete the SET(O) form, there is no space or required about English Language Certificate. I guess if they required on Oct, they will have to change the form. Where exactly document from HO mentioned about it? I heard some people saying same like you but I cannot find any document about it. If you have it, can you please share?
Cheers,

binhn8
Newly Registered
Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Final Check

Post by binhn8 » Tue Nov 19, 2013 1:46 pm

I am going to PEO next week. Here is my list of document. If any senior come across, please help to check if I am missing anything:

Here is my full case:
20/12/2008 came into UK under work permit (SOC salary 33K) with company A
12/02/1010 switch to Tier 2 general (SOC salary 31 200) with company B
12/02/2013 extended Tier 2 general (same job) with company B (same company)
I have no break outside Uk except paid annual holiday.
I am going to prepare document include
1. All Passport(1 old + 1new) + Resident Permit Card
2. Home Office Payment Confirmation Letter (full payment amount £14xx)
3. PEO Appointment Confirm Email
4. Filled SET(O) Application Form
5. 2 UK size Latest Photographs (FULL Name written on back side)
6. Letter from my current employer confirm about my job, SOC, and they still need me…
7. Letter from Employer to confirm holidays outside the UK are paid annual leaves
8. Letter from previous employer under when I was under a work permit
9. Work permit
10. A Life in the UK test pass notification letter
11. IELTS certificate (expired) above A1 level.
12. About Finances: 3 months payslips and 3 months correspondent bank statement.

Copies of all above documents.
Many thanks and wish me luck.

kais
Member
Posts: 109
Joined: Wed Feb 27, 2013 9:38 am
Location: UK
Contact:

Re: Final Check

Post by kais » Wed Nov 20, 2013 12:44 pm

binhn8 wrote:
11. IELTS certificate (expired) above A1 level.
Hi

As far as i know HO will only accept (for English Requirement) any qualification or test e.g ILET (in your Case) at or above B1 level. As you mentioned you have ILETS which is at/above A1 level I doubt it would be acceptable to HO because it has to be above 4 score in ILETS. And also ILETS is not doing at A1 level (anymore even if they were at some point in past, not sure).

Check this link at PAGE 17.

http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf

binhn8
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Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Fri Nov 22, 2013 1:41 am

hi kais,
Thank you for pointing out. Sorry for mistyping.

My IELTS is above B1 level ( not A1)

"passing the Life in the UK test, and either
having a qualification in English at B1 level or above of the Common European Framework of Reference for Languages (CEFR), which includes assessment of speaking and listening, or
having a degree that was taught or researched in English"

Cheers,

aarnags
Junior Member
Posts: 98
Joined: Thu Jan 19, 2012 11:09 pm

Post by aarnags » Fri Nov 29, 2013 9:27 pm

hi binhn8,

Hope you have got your PR now.
I am on Tier-2 came in 2009, prove my english requirement by showing Master of Engineering degree (which award point in PBS calculator) plus letter from college mentioning medium was English.

Do I still need to pass ESOL exam ?

Thanks

binhn8
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Posts: 26
Joined: Thu Sep 05, 2013 11:02 pm

Post by binhn8 » Sun Dec 01, 2013 11:05 am

Hi aarnags,
I got ILR. Thank you!

For your question I don't know. So it's better if any senior members can answer it or you phone or email HomeOffice. I think phone in the morning may be easier as I didn't have to queue so long in the morning(9.00AM)

Good luck

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