ILR Application Eligibility Check - No NI for 2 years

Hi All,

I came to UK for first time on Tier 2 ICT in Jan 2010 and due to this was thinking of an ILR as per advise for from seniors on forum. Link -: http://www.immigrationboards.com/uk-tie ... l#p1056358
But now I see an issue due to NI contribution and here are the details:-

I have worked for 2 employers in UK:-
1) Employer 1 – Jan 2010 till Mar 2013
2) Employer 2 – April 2013 till Date(Tier 2 Gen in Feb 2016)

For Employer 1 till Feb 2012 I have been on an Indian Payroll(as I was working with them in India before I came to UK) so all the payments I got were like subsistence against bills submitted and were not against my current NI. I got my NI in Feb 2012 when I moved to a UK role.
I have got P60’s from Employer 1 for Tax year to 5 April 2011 & 2012 – 2011 does not have any NI contributions and 0 in Tax deducted section where as 2012 has some contribution for both which I believe is after Feb 2012.
I called HMRC and got an Employment History letter which suggests they have data only from Feb 2012 when I moved to UK role.
My query is as follows:-

1) DO I still qualify for ILR in Jan 2015?
2) Is there a way I can get my details updated with HMRC?
3) If I do not qualify for ILR in Jan 2015 will my Tier 2 ICT before April 2010 still hold good and when would I be eligible for ILR?

Thanks in anticipation,
Varun

Any Suggestions please Gurus?

Anyone please?

As far as I know, they do not see complete five years NI & Tax contribution.
They will check last 12 months employment history which means the payslips & bank statement for every visa extension
and ILR as well.

How about that during your extension in here?

Thanks for your reply macro_run.

I have all the data for last 12 months i.e. Payslip, bank statements, P60 from last year etc.

I have no extensions in last 1 year as my Tier 2 gen was stamped in start of 2013 and is valid for 3 years.

Do you think I should go ahead with the ILR without worrying about my HMRC data for before 2012?

varunchadha2583 wrote:Thanks for your reply macro_run.

I have all the data for last 12 months i.e. Payslip, bank statements, P60 from last year etc.

I have no extensions in last 1 year as my Tier 2 gen was stamped in start of 2013 and is valid for 3 years.

Do you think I should go ahead with the ILR without worrying about my HMRC data for before 2012?

Need the below details for the clarification.

1) When was your firs visa granted, what type of visa and where?
2) When was your first entry to UK?
3) Where did you get your visa extension (i.e from April 2013)
4) Any UK absence in the last 5 years?

Thanks again. Please find the details below:-

Date Visa Granted---- Visa Category-------------------------------End Date
20/01/2010----------- TIER 2 INT COM TRAN(MIGRANT)--------10/02/2011
11/02/2011----------- T2 ICT EST STAFF LEAVE TO REMAIN----17/05/2011
27/06/2011----------- T2 ICT LONG TERM LEAVE TO REMAIN ---16/05/2012
04/07/2012----------- T2 ICT LONG TERM LEAVE TO REMAIN ---29/05/2013
17/01/2013-----------Tier 2 Gen. Leave to Remain--------------01/02/2016(Changed job to current employer on basis of this in April 2013)

I have been in and out of UK as per following:-

Entry in UK------Exit from UK-----Reason to Enter-------------------- Reason to exit
24/01/2010----- 14/03/2010----- Onsite Assignment-----------------End of assignment
20/06/2010----- 13/01/2012----- Onsite Assignment-----------------Went for Marriage
18/02/2012----- 27/04/2013-----Back for Onsite Assignment-------- Annual Leave
26/05/2013----- till date---------- Back from Annual leave-------------Not Applicable[/b]

It seems that you do not exceed more than 180 days absence continuously in the 12 months period.
Have you got/done any visa extensions(from your above list) here in UK?

Yes all my Visa's excpet the first one i.e. 20/01/2010 were granted/extended in UK.

Varun, I am in the same boat as you. While looking at P60s, my NI contributions for first 2 years is 0. I also came here on T2-ICT but moved on to T1-G within 6 months. It is not clear what UKBA are looking for in the P60s.

Hi Macro,

Any suggestions please?

I found the following topic on board with similar issue where in Visa was declined on similar sort of issues:-
http://www.immigrationboards.com/indefi ... 53-20.html

varunchadha2583 wrote:Hi Macro,

Any suggestions please?

I found the following topic on board with similar issue where in Visa was declined on similar sort of issues:-
http://www.immigrationboards.com/indefi ... 53-20.html

It is not compulsory to submit 5 years P60s when you go for ILR.
You may be paid at least 3 years NI & Tax here in UK. So, they might be checked your contribution in your last visa extension.
Most of them did not submit their p60s for ILR (they kept it in hand).But, it should be OK with current payslips and bank statements for your earning proof.

varunchadha2583 - did u get ur ILR sorted? How many P60s did u submit?

It is not compulsory to submit 5 years P60s when you go for ILR.
You may be paid at least 3 years NI & Tax here in UK. So, they might be checked your contribution in your last visa extension.
Most of them did not submit their p60s for ILR (they kept it in hand).But, it should be OK with current payslips and bank statements for your earning proof.

Hope what you are saying is true & correct.

No I could not apply for ILR as I had to travel back to India during December due to personal emergency and I am still in India and may not be back till 15 march.

Seniors I have another question now as based on my case above, can I apply for ILR when 5 years back I was not in UK? as in my case I was not in UK from March 15, 2010 till June 19, 2010 but was in UK before and after that?

So can I apply in month of April?

Regards,
Varun

Any Advise from seniors please?

sushdmehta, Vinny?

Hi,

As fellow member - Macro_Run suggested, you are eligible for ILR from 20 Jan 2010 time line.

1) Coming to documentation, here is where it can get murky for you.

During your absence from UK (March 2010 - June 2010) You have to prove to HO that you were paid full salary as a paid leave or if you have relocated due to completion of assignment then you can show payslips of your native country and claim that you were moved out of UK temporarily as work related travel.

2) Regarding NI on your payslips for two years and employment history from HMRC
Again, as Macro_Run suggested, HO is most interested last 12 months payslips & bank statements and previous 3 years tax & NI contribution. But, it is handy to have documents that could support your application for first 2 years of your employment too.

For first two years, do you have UK allowance payslips, bank statements and Indian payslips (since you said you were on Indian payroll system).
HO is aware that lot of companies who were transferring their employees on ICT were paying only allowances in UK and complete salary in India to avoid employers NI contribution. This was the reason for HO to mandate that all ICT migrants should be paid FULL salary in UK and above certain threshold.
So, HO would generously accept Indian payslips for first two years along with UK allowance payslips.

3).your recent absence from UK Dec 2014 - March 2015.
Again, you would be well within 180 days limit, still you may have to prove that you still have a full time job here. Since, you said you made an emergency travel, the latest absence can be considered under compassionate leave but you need to provide medical reports or other documents to support your claim

Hope this helps.

Thanks for your response Chetan. Please find my response against your queries; kindly confirm if this seems ok?

1) Coming to documentation, here is where it can get murky for you.

During your absence from UK (March 2010 - June 2010) You have to prove to HO that you were paid full salary as a paid leave or if you have relocated due to completion of assignment then you can show payslips of your native country and claim that you were moved out of UK temporarily as work related travel.

Varun:- I have payslips for India and also a letter from company confirming I was in India on KT for next Assignment.


2) Regarding NI on your payslips for two years and employment history from HMRC
Again, as Macro_Run suggested, HO is most interested last 12 months payslips & bank statements and previous 3 years tax & NI contribution. But, it is handy to have documents that could support your application for first 2 years of your employment too.

For first two years, do you have UK allowance payslips, bank statements and Indian payslips (since you said you were on Indian payroll system).
HO is aware that lot of companies who were transferring their employees on ICT were paying only allowances in UK and complete salary in India to avoid employers NI contribution. This was the reason for HO to mandate that all ICT migrants should be paid FULL salary in UK and above certain threshold.
So, HO would generously accept Indian payslips for first two years along with UK allowance payslips.

Varun :- I have Form 16's for those 2 years and also UK Allowance Payslips for most of the the months but not all.

3).your recent absence from UK Dec 2014 - March 2015.
Again, you would be well within 180 days limit, still you may have to prove that you still have a full time job here. Since, you said you made an emergency travel, the latest absence can be considered under compassionate leave but you need to provide medical reports or other documents to support your claim

Varun :- I am being paid for these times so have UK payslips to support this.

Please remember one thing in spite of absences and if employment in UK was secondary, continuous residency is broken.

Hint:: I have pasted this link in various different threads.

Thanks Argus, Do you feel in my case would UK employment be considered secondary?

I have a letter from the organization I was working for which states following:-

Departed from UK on 14/03/2010 till 20/06/2010 to India (XXXX(Company Name) India for KT and to prepare for the next assignment).

Departed from UK on 13/01/2012 till 17/02/2012 to India (Annual Leave).

Did you read the PDF and see for yourself? Even if its on ICT T2, you should have been employed in UK. Unemployment and absences is OK then having UK as secondary employment.

Sorry Argus which PDF are you referring too?

https://www.gov.uk/government/uploads/s ... eriods.pdf

Read this. if employment during 5 year period is out of country residency is broken.

Thanks Argus.

I read this from the pdf:-
'Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement. '

So in my case I was here for the same employer and same client both the time and have a letter from the employer mentioning following:-

Departed from UK on 14/03/2010 till 20/06/2010 to India (XXXX(Company Name) India for KT and to prepare for the next assignment).

Can you please suggest if I would be eligible for ILR in this case?

I am really confused.

I cant say for sure, depends on the CW, how he/she sees each case. I have seen cases where a refusal has happened because the person was working in India for 3-4 months. And your visa is ICT T2. Check with your employer.

Any absences of over 3-6 months, you will need a letter from employer