ILR Questions about 4 years WP + 1 year Tier 1

[new_red]

Hello everyone,

I have some questions about application of ILR.

I got VISA as workpermit from August 2006 and I changed the type of VISA to Tier 1 from August 2010.

I used two jobs(1 full time and 1 part time) to apply Tier 1, after I got Tier 1, I resigned the part time job and got a P45.

My question is: Could a P45 be calculated with P60 together as Annual Salary? Or only P60 can be calculated? I don't know if I find another job, could the P45 be converted to a new P60???

And another question is: Do I have the eligibility to apply ILR July 2011?

Many thanks

[xyz123]

Hello everyone,

I have some questions about application of ILR.

I got VISA as workpermit from August 2006 and I changed the type of VISA to Tier 1 from August 2010.

I used two jobs(1 full time and 1 part time) to apply Tier 1, after I got Tier 1, I resigned the part time job and got a P45.

My question is: Could a P45 be calculated with P60 together as Annual Salary? Or only P60 can be calculated? I don't know if I find another job, could the P45 be converted to a new P60???

And another question is: Do I have the eligibility to apply ILR July 2011?

Many thanks

Was your first work permit application in country or out of country.

If in country you can apply for ILR 28 days before completing 5 years from the date on which work permit was stamped in your passport.

If it was out of country it will be 28 days before compleing 5 years from the date on which you first entered UK on the work permit.

Your question regarding P60 and P45 is not clear. Does P60 show your total gross income from both employment or not? If not then you may add incomes from P60 and P45.

how did you declare your additional income to HMRC to pay taxes. you must have filed a tax return. then use that as evidence.

If you are asking this in relation to possible changes to ILR rules and possibly having to meet same economic criteria as when you were given Tier 1 then search this forum for discussions that are on going.

no clear announcements on changes have been made yet.

[new_red]

The P60 doesn't show my total gross income from both employment, it only shows the income from the full time job.

I am very worry about the new ILR rules, If the P45 can be calculated with P60, I think at least I can use these papers to prove my income.

Must I fill the tax return? P45 can not be an income evidence?

[abbi123]

When you are on work permit, I guess you should only work for that employer who sponsored you, I guess it is illegal to do part time job when you are legally on work permit……
Can you clear us that ur work permit allow you to take up another jobs?

[new_red]

I don't see any limitation on work permit about part time job.
I think if I was in illegal to do the part time the caseworker could not accept my Tier 1 application.

anyway I have got Tier 1 visa so now I think I am really worry about the new ILR rules.

http://ukba.homeoffice.gov.uk/workingin ... mployment/

[xyz123]

I don't see any limitation on work permit about part time job.
I think if I was in illegal to do the part time the caseworker could not accept my Tier 1 application.

I am pretty sure that there is a limitation on work permit for part time job (i.e. working for another employer). Whole purpose of work permit is that an employer (A) can not find a suitable employee from european union to do the job. If you decide to work for employer (B), it has not been approved by home office.

i think it was pure luck that case worker did not notice this at time of Tier 1 application. everyone on tier 1 will have to meet news rules (whatever they are) and you may find it mroe difficult to meet those rules when they are implemented (rule related to earnings, case workers may notice it this time!)

i am not trying to scare you but that's the reality. you should have got confirmation from UKBA that you are allowed to work part time.

With regards to new rules, there isnt much you can do other than wait for those to be published. you can try to cotnact your MP to oppose new rules but not sure how far that will get you!

[new_red]

I think you can have a look the link.
http://ukba.homeoffice.gov.uk/workingin ... mployment/

Supplementary employment

This page explains whether you are allowed to do any other work outside your normal working hours covered by your work permit.
You can undertake work if:
it is outside your normal working hours;
it is no more than 20 hours a week;
it is in the same profession and at the same professional level for which your work permit was issued; and
you are not employed by a recruitment agency, employment agency or similar business to provide personnel to a client. (This restriction does not apply to holders of Sports and Entertainments work permits.)
You are not allowed to enter self-employment, set up a business or join another business as a director or partner without obtaining further permission from us.
You are not allowed to take supplementary employment if you are covered by one of the following work permit categories:
Business and Commercial multiple entry work permits
Sports and Entertainments multiple entry work permits
the Training and Work Experience Scheme
the General Agreement on Trade in Services

I just want to prepare more way to deal with the new rules. I am just not sure if P45 can be added with P60 as Annual Salary.

[geriatrix]

Could a P45 be calculated with P60 together as Annual Salary?

No.
P45 reflects income credit and deductions (e.g. - tax) paid for by an employer for the duration of the year that you have worked for them. On the other hand, P60 reflects the "annual" income and deductions for the entire (financial) year, irrespective of the number of employers you worked with during that year, and is issued by the employer you were working with at the end of the financial year.

So you can't add up P45 and P60 to arrive at a new or inflated "annual" income / tax figures. P60 does that .. in a single document.

I don't know if I find another job, could the P45 be converted to a new P60???

If you have been unable to find employment since you left your last employer who issued you with a P45, you may use P45 as evidence of "income and tax" paid for the duration that you were employed in the year.

No employment since P45 issued and until end of (that) financial year -> no more income or tax paid -> P45 reflects the income / tax for the duration you were employed ->so as good as P60 for the given financial year.

IMHO ....



regards

[new_red]

new_red wrote:
Could a P45 be calculated with P60 together as Annual Salary?
No.
P45 reflects income credit and deductions (e.g. - tax) paid for by an employer for the duration of the year that you have worked for them. On the other hand, P60 reflects the "annual" income and deductions for the entire (financial) year, irrespective of the number of employers you worked with during that year, and is issued by the employer you were working with at the end of the financial year.

So you can't add up P45 and P60 to arrive at a new or inflated "annual" income / tax figures. P60 does that .. in a single document.

new_red wrote:
I don't know if I find another job, could the P45 be converted to a new P60???
If you have been unable to find employment since you left your last employer who issued you with a P45, you may use P45 as evidence of "income and tax" paid for the duration that you were employed in the year.

No employment since P45 issued and until end of (that) financial year -> no more income or tax paid -> P45 reflects the income / tax for the duration you were employed ->so as good as P60 for the given financial year.

IMHO ....


regards
regards

Thank you for your reply

you mean that the P60(2010-2011) will include both my full time job and part time job income, right?? I don't need to do anything about that P45, do I?

[geriatrix]

Did you submit a copy of P45 to the employer who will issue you a P60 at the end of the year?

If yes, then P60 will show the "annual" income and deductions for the given year.
If no, then add respective figures on P60 and P45 (both of the same financial year) to arrive at the "annual" income and deductions.



regards

[new_red]

Thank you sushdmehta

[xyz123]

I think you can have a look the link.
http://ukba.homeoffice.gov.uk/workingin ... mployment/

Supplementary employment

This page explains whether you are allowed to do any other work outside your normal working hours covered by your work permit.
You can undertake work if:
it is outside your normal working hours;
it is no more than 20 hours a week;
it is in the same profession and at the same professional level for which your work permit was issued; and
you are not employed by a recruitment agency, employment agency or similar business to provide personnel to a client. (This restriction does not apply to holders of Sports and Entertainments work permits.)
You are not allowed to enter self-employment, set up a business or join another business as a director or partner without obtaining further permission from us.
You are not allowed to take supplementary employment if you are covered by one of the following work permit categories:
Business and Commercial multiple entry work permits
Sports and Entertainments multiple entry work permits
the Training and Work Experience Scheme
the General Agreement on Trade in Services

I just want to prepare more way to deal with the new rules. I am just not sure if P45 can be added with P60 as Annual Salary.

I stand corrected. i would have thought it is unlikely that professional employees with work permit would be employed by two companies (to meet above requirement of second employment being same profession and same level!). but you seem certain that you meet all requirements.

good luck.