Tier 1G to ILR - Some Key Questions

Hi All,

I need some clarification with respect to my ILR application.
I got my first Tier 1 General visa on 1st Dec 2010 and I entered UK on 8th March 2011 (after 90 days)
I've done 2 extension in the UK and my last visa is still valid until Nov 2017.

1. In July 2011, I resigned and went to India to spend some time with my family. I left the UK on 9th July and came back on 28th July and joined a new company on 1st August. What evidence do i need to provide for this absence as I do not have anything to provide as i was not in employment.

2. I have been in full time employment since Mar 2011 until recently when I became a limited company contractor. In terms of my application I will be claiming salary from April 2015 until October 2015 and Dividend income only from November 2015 until January 2016 as I do not take any salary from my company for this financial year due to tax implications.Do you see this being an issue or is this good ?

3. As I do not currently take any salary and just dividends, what should I be putting in Question 5.3 where they ask to provide take home pay after taxes and NI( should i put in my last drawn salary until October 2015, an average of that alongside the dividend drawn so far or just the dividend taken for the last month ?)

4. Under Section 6.3 what evidence has been provided to support the reasons for all absences including periods of paid annual leave from the UK? Is this mandatory for Tier 1 G applicant if the total absence across 5 years is less than 180 days?

Looking forward to get some help on these questions from all the forum members.

Many Thanks

Regards!
S

Hi All,

Would really appreciate if the forum members can provide their expert advice on these questions please.

Regards,
S

1. Just mention this in a cover letter and that should be fine. Since you were not in employment this would be acceptable.

2. No problems as long as your tax affairs are in order. Make sure you are telling the HO and HMRC the same thing.

3. If I were you I would work out the average on the basis of your last drawn dividend.

4. Yes, this was included for the Tier 1 G as well a while ago, and it appears case workers are looking out for this and also asking if this is not provided. See here (click).

1. Just mention this in a cover letter and that should be fine. Since you were not in employment this would be acceptable.
Thanks for clarifying this. I will include this in the cover letter.

2. No problems as long as your tax affairs are in order. Make sure you are telling the HO and HMRC the same thing.
I have my P60 for all 4 years and P45 for this year and I have paid any underpayments of tax etc. already through PAYE code. I think that should be fine or do you recommend doing anything else apart from this.

3. If I were you I would work out the average on the basis of your last drawn dividend.
Thanks, will do this.

4. Yes, this was included for the Tier 1 G as well a while ago, and it appears case workers are looking out for this and also asking if this is not provided. See here (click).
Ok, i have letter from my employer for the absence but that is not stamped or anything. Is there a requirement to get the stamped or signed or an electronic copy printed on the letterhead will work?

2. That sounds reasonable. You can also request HMRC for a 5 year employment history / NI letter, this will include details from your P60/P45 of pay + tax you have paid. If requested on phone, this will arrive within a week's time.

4. Electronic copy printed on letterhead and signed by your HR should work.

underpayments and over payments from PAYE incomes is fine when applying for ILR/ Citizenship, if the amount is less than 3000 pounds its automatically collected from next tax year PAYE and tax code is adjusted.

I had a difference of 260 pounds diff due to private insurance and P11Ds from 2011/12 and 12/13 tax years as it was underpaid and I had no issues while ILR.

Note : I had submitted a P800 HMRC tax calculation letter and PAYE coding notice for 13/14 PAYE year during ILR last year and had no issues.

Thanks O_relly and Argus 7 for all the answers so far. Really appreciated.

One more question is around the eligibility date for applying ILR. I entered initially on the 08th Mar, 2011 and planning to apply on 25th Feb. In terms of eligibility am i right in understanding that this is ok, as the date falls within 28days of completing 5 years.

sharmao wrote:Thanks O_relly and Argus 7 for all the answers so far. Really appreciated.

One more question is around the eligibility date for applying ILR. I entered initially on the 08th Mar, 2011 and planning to apply on 25th Feb. In terms of eligibility am i right in understanding that this is ok, as the date falls within 28days of completing 5 years.

Yes