Work Permit to Tier 1 - timing the switch

[Azagthoth]

Hi,

I first came to the UK on Oct 6, 2006 on a 3 year work permit (a transfer from the company's India subsidiary). For the first 3 months I was paid a daily allowance (in addition to my India salary) and was not required to pay tax in the UK. In Feb 2007 I switched to a different employer who got me a 5 year work permit (i.e. valid till Feb 2012). I now want to switch to a Tier 1 visa but I’m not sure about the timing of my application. Ideally I’d like to apply for Tier 1 on completion of 2 years on a valid work permit (so that 2+3 should get me to an ILR without having to ask for a Tier 1 extension after 3 years).

I have the following questions-

1.When do you think I complete 2 years on a ‘valid’ work permit? Would it be Oct 2008 or Feb 2009? Bear in mind that I have UK payslips as proof of earnings beginning Feb 2007 only and not before.

2.Will the Home Office ask for all payslips irrespective of when I apply? In other words, if I apply in Feb 2009 claiming exactly two years of UK experience, will the Home Office (having seen the previous work permit stamp in my passport) ask me to furnish payslips for the period Oct 2007-Jan 2008?

As you can see, I want to play down the period Oct 2006 - Jan 2007 purely because I have no solid proof of employment for that period

Thanks

[ashishashah]

1.Dont take any chances...your "valid" WP would be from Feb 2008.(and not from Oct 07 as you were not paying tax etc)...

2.I dont think that HO would ask you for any proof from OCt 07 to Feb 08...

Overall,i feel that you might land in trouble while applying for ILR(only my opinion) bcoz they wil track down your NI number and your NI contribution would be 0 from oct 2007 to feb 2008 when you were "working/employed"...And it can trace back to your Indian company who didnt pay Tax for you,while you were working for them..