5 year route ILR Application (WP + Tier1 General)

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5 year route ILR Application (WP + Tier1 General)

Postby cs95tdg » Sat Apr 28, 2012 5:06 pm

ILR Approved on 17th January 2013. See below for my experience @ Croydon PEO.

Hi,

I'm gathering information on the ILR application process for my ILR app which will be submitted in January 2013. I know it seems rather early but am doing this preparation for my peace of mind as I now see how lengthy the actual application processing times are and I want to ensure that I understand what the precise requirements are, so that when the time comes I will have all that is required, ready at hand without having to scramble.

I have been scanning some of the ILR forums on this website and have a question. I plan to apply for ILR under the 5 year route, where the initial part of my residence would be as a Work Permit Holder (Approximately 14 months) and the remaining residence as a Tier 1 General Migrant; I switched from a Work Permit to Tier 1 General in 2009, but have been working for the same employer for the entire 5 year period.

The question I have is related to what I need to submit as part of evidence for salary during the time I was working as a Work Permit Holder. I noticed the terms SOC code & COP (Code of Practice) being referred to in Work Permit related discussions. While I clearly understand what I need to submit (as evidence of income for the last 12 months - Points Based Assessment) for my time as a Tier 1 General Migrant, I am not totally sure I understand if anything different needs to be done for my time when I was working as a Work Permit Holder? E.g. would I need to state job title and prove it was on the COP and that I was receiving the correct pay to match that during the time I was working as a WP holder? I'd really appreciate some input/guidance from senior/guru members on this forum or anyone else who has switched from WP to Tier 1 and then gone onto successfully apply for ILR.

I'm personally not aware of the detailed steps my Employer went through to get my Work Permit for me. They did it through an immigration law firm; all I did was supply the requested documents such as passports & qualification certificates etc... So I don't really know whether my job was on a COP list at the time or not. Depending on your answer to the above I'd really like to find out whether I'll need to talk to my employer to find out information pertaining to the WP application before I apply for my ILR.
Any information on this would be greatly appreciated! Many thanks.

Regards,

TG
Last edited by cs95tdg on Thu Jan 17, 2013 11:36 pm, edited 1 time in total.
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Postby legalalien » Sat Apr 28, 2012 5:43 pm

Hi CS, I am in exactly the same situation as you, working for the same employer different job but falls within the same SOC code for the job stated in my work permit.

So in terms of documents, I would suggest the following:
- P60s for all years, this will also confirm you were with the employer stated on your work permit
- Letter from the employer, you do not need to worry about SOC code and minimum salary for the 14months wp period, they just need to confirm you were working with them at the time (i.e. fulfilled your wp requirements). If you can just get them to mention in the letter that you were under work permit then switched to tier 1. Otherwise if you havent changed your job title just get them to mention your start date and that would suffice.
- Your work permit letter which was provided when you were issued the permit.
I think if you provide the above three documents then you are covered. My employer letter included start date and SOC code (to cover me because of different job title from that in the WP), I am applying on wed so I will let you know my outcome.
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Postby cs95tdg » Sat Apr 28, 2012 9:55 pm

Hi legalalien,

Thanks for this information, it's very helpful. My job title has changed since I started work for my employer but that was not in conjunction with my WP being switched to Tier 1 General.

I'll probably have to draft a letter out stating what I need them to say, i.e. that I worked as a "xxx" from <date> to <date> under their work permit <WP No> and that I've since then been employed as a Tier 1 general migrant with a job title change to "yyy" on <date>. Do you think this will suffice? You mentioned that your employer mentioned the SOC code in your letter as you had a job title change, was that only because your job title changed in conjunction with the switch from WP to Tier 1 & was the SOC code something that your employer had (I didn't see this on the actual WP)? Just asking to find out whether that would apply to me as well.

There does appear to be a disconnect within the UKBA areas that deal with Work Permits and Tier 1 applications, in that even after I switched my visa from a WP to Tier 1 they didn't appear to be aware of it (though I clearly stated WP details and enclosed it with my Tier 1 General Application)! I wasn't really surprised about this, as we can all see the UKBA are not the most well managed public organisation in the country! I only found this out as my company rebranded their name somewhere in 2010 and then I was sent a new copy of the Work Permit with the change of company name. I ignored this at the time, as I understood that the WP would anyway be void then, as I had already switched to a Tier 1 visa. Hopefully none of this is going to cause confusion when I apply for ILR. I suppose it'll be safe to include the original WP and also the one that was issued after the company name change?

Finally good luck for Wednesday, and hope all goes well! I presume you are going for an PEO in person application, out of curiosity which PEO did you chose? I've seen so much bad publicity about the Croydon PEO lately. Anyway I'll keep an eye out on this forum next week to see how you fared.
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Postby legalalien » Sun Apr 29, 2012 1:03 am

Hi CS

I think your employer must have made a technical change request when rebranded and hence you were issued a new wp. I wouldnt worry too much about it, but yes include both to be on the safe side, and if you are PEOing then you can explain the situation otherwise include a cover letter to explain.

Drafting the letter would be good, I have done the same thing, and have specifically requested the SOC code to be included even though it is not really needed for t1. I have changed jobs during my work permit years and employer said I did not need a new wp as it is same job just higher pay. So what I am hoping to achieve from the letter is to show that I was under the same SOC, otherwise they may query why my employer havent applied for a new work permit/t2 when switched jobs.

As for SOC codes, the old work permit wouldnt have a specific code, people applying for ILR under wp route will have to match their job to the nearest code, my field is quiet straight forward so it was easy to find the code. If I were you I wouldn't worry too much about including SOC, just get your employer to state you job during wp months.

I am applying PEO, croydon!! I know the IT issues but I also know that if delayed because of biometrics they normally sort it out within a week. Going for croydon because they have level 7 senior case workers incase of complications. I had issues prior to my work permit time (thats another story for another day) so I feel croydon will be suitable for my case.
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Postby hpat » Sun Apr 29, 2012 11:12 am

Hi
I think if you have switched to Tier1 then no need for COD, your Ilr application will be based on Tier1.

I am in the same situation....
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Postby cs95tdg » Sat May 05, 2012 6:48 pm

hpat wrote:Hi
I think if you have switched to Tier1 then no need for COD, your Ilr application will be based on Tier1.

I am in the same situation....


Thanks hpat. Yes, I think I'll just get a letter from my employer as suggested by legalalien above and that will suffice.

Good luck with your application...
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Postby cs95tdg » Thu Jan 17, 2013 11:32 pm

My ILR was granted today @ Croydon PEO. I'm posting my experience in case it helps anyone else applying in the future...

I registered with this site, in April at the time of my second T1G extension application last year and have since then gained a lot of useful information by reading the numerous experiences posted by other forum members and also the sticky threads created by the moderators of this site. Thank you to all of you who have contributed by sharing what you know and your opinions.

I chose this PEO for my appointment, due to it's proximity to where I work and no other reason. I had minimal disruption to my daily routine as I managed to get my ILR done in the morning and get into work for the afternoon.

Appointment Time: 9.50am
9.20am - Arrived @ PEO Entrance. The security check was completed within a few minutes and then queued to get the initial document check and token number.
9.50am - Queued to make payment. - First floor
10.15am - Token called and details entered into system.
10.35am - Biometrics enrolled.
11.50am - Case worker assigned. - Second floor. I handed over the documents below, as the case worker did not ask for specific documents.
1.00pm - Application Approved.

The only two questions the case worker asked me were:

1) What category I was applying under - Tier 1 General.
2) Whether I had copies of all the supporting documents - Yes.

The documents I supplied:

SET(O) Form
2 Photos
Current and Previous Passport
BRP
LITUK Test Pass Notification Letter
Absences Sheet with columns for: which passport (previous or current), destination country, passport page numbers for the UK arrival stamp, destination disembarkation stamp, date I left the UK, date I returned to the UK. - Total of 104.
11 payslips
11 bank statements - with corresponding salary credit entries highlighted.
Employer letter - I was with the same employer throughout the 5 years, but initially as a WP Holder and then a T1G Migrant. The letter was to confirm this along with dates and also:
    a) That my company was rebranded twice during the 5 years. So therefore the employer names appearing on certain pieces of evidence may vary depending on when they were issued.
    b) That Payslips were initially distributed as hard copies and now as electronic copies. Confirmation that those that were printouts had been signed and stamped by the payroll department.
5 P60's
Work Permit - Original and one issued after technical change due to company name change.

I had 3 files with me (Each file contained 10 clear display sleeves - with an Index on the first page, so it was easy for the reader to find the required documents without much fiddling).

1) Original Supporting documents
2) Copies of all Supporting documents
3) This contained those documents I thought I may require, though weren't in the end.
    a. T1G Approval Letters,
    b. Degree Certificate,
    c. Letter confirming absences,
    d. CW Guidance highlighting late entry concession,
    e. Email response from settlement ops team confirming that time between EC & date of entry would be counted even when 5 year residence was made up of LTR as WP + T1G.
    f. Two spare payment details pages in case the first cc payment failed for any reason.
    g. Old previous passport.
After the case worker was assigned, the CW told me he'd call me in 1/2 hour. But as expected that didn't happen, so I walked down to see which counter he was at. He wasn't to be seen at any. But I did spot my supporting document folders (advantage of having distinctly coloured folders - Purple & Red) on one of the desks so I sat near that counter. Within 5 minutes the case worker arrived and started going through the documents (I'm guessing he went for lunch or a break after taking my documents). I got to see him scanning through my application form, passport and supporting documents along with photocopies. He was efficient. A few points I noticed:

a) This case worker didn't appear to verify my earnings by looking at the two sources of evidence - I.e. he hadn't even unsealed the envelope that contained my original bank statements. He did turn the folder sleeves over several times and read what I had written against each. E.g. my bank statements were in a sealed envelope. I wrote that it contained 11 statements with the months it covered and what the statements were for - i.e. previous earnings and UK experience points. Likewise each sleeve had a short description which he appeared to read.
b) He verified that every original document category I mentioned had a corresponding copy & took all the photocopies.
c) He did verify details in my SET(O) form against those in my passport & BRP & his computer.
d) Within 15 minutes of document verification and checking details on his computer, he printed out a letter (which I now know was my approval letter). He then walked off with this and my passport, & came back in 5-10 minutes. Then did some final checks on his computer and started pulling out all the copies of my supporting documents - from the sleeves in my folder. Then bundled those with my application form and kept them aside. Next he bundled my original document folder & now spare folder with approval letter and came towards the counter.
e) He called my number and told me that my ILR had been granted and that I would receive my BRP in 7-10 working days. I then asked whether it would be possible to have it sent to my work address, to which he said that wouldn't be possible but I could re-arrange that after the courier attempted first delivery. He returned all original documents I provided along with the folders. He kept all photocopies.

Notes:

1) I took advantage of the 3 month late entry concession - even though I didn't apply exactly 28 days before EC.
2) I had no convictions.
3) While I was waiting to pay, I noticed the applicant before me saying she needed to use two cards for payment and that wasn’t a problem. So it looks like you can use multiple cards if you need to.
4) This was my first in-person PEO application. I can’t complain about the experience as I got what I needed done and managed to get into work for the afternoon. The case worker who was assigned to me was professional, kept conversation to the minimim but was open to questions. Overall I’d say it was a good experience. It would have been better if I could have spent less time waiting & queuing, but with the volume of applicants there today & limited resources I could understand the reason for it.

Good luck to everyone else applying in the future and hope this information has helped.
Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional advice where necessary.
Please post your questions in the open forums available here instead of via PM to me, so others can also benefit from the answers.
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Postby skymoon » Thu Jan 17, 2013 11:34 pm

cs95tdg congratulation and good luck for future
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Postby redbuta » Fri Jan 18, 2013 9:17 am

Congratulations!
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Postby nima.tabatabai » Fri Jan 18, 2013 10:19 am

Congratulations!

So as I understand, the rules for T1 applied to your entire 5 year period, even though part of the qualifying period was spent under WP?

I am wondering if your case worker just did not ask for the letter from your employer confirming absences, or whether this was really not needed for your application (since it was done under T1).
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Postby cs95tdg » Fri Jan 18, 2013 10:49 am

Thanks all!

nima.tabatabai, I've responded to the same question you have posted under: http://www.immigrationboards.com/viewto ... ht=#766858
Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional advice where necessary.
Please post your questions in the open forums available here instead of via PM to me, so others can also benefit from the answers.
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Postby wpilr_nov12 » Fri Jan 18, 2013 2:55 pm

Congratulations.

This board is eternally grateful to you for all the positive contributions you have made to people like myself, who have benefitted immensely (and not to mention the savings on Solicitor expenses).

Wish you all the best in your future.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.
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Postby cs95tdg » Fri Jan 18, 2013 5:20 pm

Thanks wpilr_nov12! I have gained a lot from the information you have shared on these forums too...
Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional advice where necessary.
Please post your questions in the open forums available here instead of via PM to me, so others can also benefit from the answers.
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Postby vd_ilr » Fri Jan 18, 2013 10:36 pm

Congrats TG!
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Postby Ramana66 » Fri Jan 18, 2013 10:53 pm

Hearty Congratulations
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Postby t0mmy » Sat Jan 19, 2013 2:07 pm

Congrats. If you remember you helped me in answering a few
questions I had regarding my ILR. good luck
in your future.
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Postby Deepa999 » Sat Jan 19, 2013 4:56 pm

Hi
Is your Biometric card returned it you or not??

My Biometric card was not returned by CW, but CW returned all the docs along with approval letter, Kindly help
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Postby cs95tdg » Sat Jan 19, 2013 5:03 pm

No Deepa999, it wasn't. They do not return it, as the former BRP would no longer be valid and will be replaced by the new one which you should receive in 7-10 working days.
Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional advice where necessary.
Please post your questions in the open forums available here instead of via PM to me, so others can also benefit from the answers.
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Postby techie_09 » Sat Jan 19, 2013 8:11 pm

Just a thought. If UKBA retains old BRP, what original proof applicant has that he had the BRP?

I am asking this question because if someone relocates to some other country or applying for visa and is asked to provide previous immigration history.
Techie
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Postby wpilr_nov12 » Sun Jan 20, 2013 12:45 am

techie_09 wrote:Just a thought. If UKBA retains old BRP, what original proof applicant has that he had the BRP?

I am asking this question because if someone relocates to some other country or applying for visa and is asked to provide previous immigration history.


It would be advisable to keep all key immigration documents with you at all times. Things like WP letters, approvals, visa, passport etc
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