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ILR WORRY!

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iyanu
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Location: London, UK
Nigeria

ILR WORRY!

Post by iyanu » Thu Oct 01, 2009 4:24 pm

Hi guys,

I am a bit worried, I have booked my ILR PEO appointment to be 30-10-2009.
Right now I have been made redundant and I have my P45 and payslip for September.

Considering I will be applying at the end of the month and if I could not get any job, what is my chance of getting ILR?

I am HSMP 2005 applicant with my visa still to expire October 2010.

sac
Junior Member
Posts: 97
Joined: Wed Sep 06, 2006 11:12 am
Location: London, UK

Post by sac » Thu Oct 01, 2009 5:00 pm

sorry to hear you have been made redundant.. my ILR app time is coming up in mid December, and in this economic climate, this is my greatest fear, too.

in my opinion, you should be okay... as an HSMP-JR applicant, you need to show three latest payslips, three latest bank statements and all four years' P60s.

so, for an October appointment, if you show payslips dated (approx) 30th July, 30th August, 30th Spetember, plus bank statements showing those credits, plus all the P60s, they have no reason to imagine you are currently not in employment. and even if they do - you are not a WP holder, so you ARE allowed to have employment gaps of a few months.

also, you don;t need to show an employer's letter, unless you're on a work permit, so that's another major headache out of the way.

and IF they ask for the October payslip, you could just tell them you haven't got it yet.. after all, not all companies issue them imediately.

the important thing is, you have fulfilled the terms of your visa - you've been economically active and paid your taxes since 2005, which is the central requirement. so i see no reason why you won't get your ILR.

good luck, and let us know what happens.
cheers
sac

iyanu
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Location: London, UK
Nigeria

Post by iyanu » Thu Oct 01, 2009 5:55 pm

Many thanks Sac!

tech
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Post by tech » Thu Oct 01, 2009 7:54 pm

I don't know precisely about your situation.You need to be economically active at the time of ILR application. You need to prove this by supplying last 3 month payslips on the date of application.

If you are eligible now for ILR, you should use one of agents and get it done immediately. If the caseworker asks for october payslip , you say it is not avaialble, they will ask you to supply employer letter. if say no to this as well, either they will reject your application or hold the application saying further enquiries need to be made to make decision.

Review the caseworker guidance carefully published for HSMP-JR ILR applicants you will see it is one of the mandatory requirements which must be satisfied by all applicants fall under economic category including HSMP JR.

Other option is to get a job, then apply for ILR.
Hope this helps.

ash20
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Joined: Wed Apr 09, 2008 12:12 pm

Post by ash20 » Thu Oct 01, 2009 8:35 pm

Iyanu,
Very sorry to know that . Some caseworkers does ask for Employers letter. Iam afraid that may be diffcult in your case. But i guess since you are under HSMP-JR that might save you but can't assure though. Hopefully you will get job by then. If you dont have a job by then i suggest you wait till u get a new one. No harm in waiting for a month or so instead of wasting your £1000.
Last edited by ash20 on Thu Oct 01, 2009 8:41 pm, edited 1 time in total.

sac
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Location: London, UK

Post by sac » Thu Oct 01, 2009 8:39 pm

hmm.. from these boards I've seen that all WP based applicants are indeed asked for the employer's letter, but i feel it could be different for HSMPs.. indeed, some members' ILR success stories mention that all they were asked to show are the latest payslips and bank statements (besides the P60s, original home office letter, passports etc, of course.)

the form set(o) section 9G and 9H (for HSMP and HSMP-JR) only ask for these documents:
- if you are employed: documents showing your economic activity and your personal earnings curing your stay in the uk;

plus the standard docs in 9A which includes:
- evidence of your finances: bank statements, building society savings books, pay slips or other formal documents as evidence of your ability to maintain and accommodate yourself and any dependants without recourse to public funds

now, obviously, the issue here is that the poster is not employed at the time of application. but the only other option in the set(o) form, in that section, is 'self-employed'. so i'm not really sure where it specifies that one needs to prove employment at the time of application.

this thread also has some ideas:
http://www.immigrationboards.com/viewto ... 02e907cc74

Tech, if you have links to the ILR caseworker guidance, please can you post it, as it would be useful for us to see it.

ash20
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Post by ash20 » Thu Oct 01, 2009 11:00 pm

Iam myself tier1 but caseworker first thing asked me employment letter when i went for my ILR. so it is a personal experience. He might get away with it because of his HSMP-JR

iyanu
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Joined: Wed Feb 23, 2005 2:59 pm
Location: London, UK
Nigeria

Post by iyanu » Fri Oct 02, 2009 1:11 pm

I appreciate all contributions thus far, thanks.

What I have gathered from all of these is, I am considering waiting till I get a job either self employed or employed.

I think it is better to be on the safer side!

I will also appreciate personal experience contributions from HSMPians who had already thier ILR applications approved, it may help a lot.

Cheers!

raymasa2
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Post by raymasa2 » Fri Oct 02, 2009 5:54 pm

Hi Iyanu,

Sorry you were made redundant. With regards to telling them that you have not yet received your October payslip, I would recommend against that. Lying would only get you in more trouble. But my personal opinion (and I would stress that word, as I don’t know for sure) is that you will be ok. Being without a job on HSMP for one month should not be an issue.

I personally wont delay getting an ILR. With all the changes going on, you never know what other bright ideas the government may get. I am sure you went through the HSMP JR fiasco. Better to get ILR and then citizenship as quickly as you can.

You can always start a company by registering as a limited company and tell them at the interview that you have decided to go on your own and as you just started the company you have no turnover.

You don’t have to register a limited company, you can go self employed today if you want. Limited company may possibly add more confidence that it is a real company.

Ray

ash20
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Post by ash20 » Fri Oct 02, 2009 10:13 pm

Not offending Ray's comment , personally and based on others experience case workers are more interested in your current job and will ask you about employer letter unless there is someone with tier1 without job has got ILR.
Also New rules are effective from july 2011 and also if u have ILR before that , u are eligible in current rules not rules effective from 2011. [ i read it somewhere not sure where ]

I agree with Ray that lying is not the best option. It is the way you present your case. may be some senior member may give you better advice.

Wait, think and dont rush

Good luck

pahini
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Post by pahini » Sat Oct 03, 2009 11:33 am

No need to afraid!!

One of my friend had similar story what you have., he got his ILR without any problem,

attach following :

last 1 years bank statement ( though ask for 3 - attach all for a year)

last 1 year payslip

last 4 years P60, P45 as the case may be

and other relevant papers, no need to wait.... specially because of the new law of citizen implementing from july 2011, just go and do it now...

i am very confident you will get your ILR

by the way r u a single applicant or joint with dependent?

roopscisco
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Re: ILR WORRY!

Post by roopscisco » Sun Oct 04, 2009 9:51 am

iyanu wrote:Hi guys,

I am a bit worried, I have booked my ILR PEO appointment to be 30-10-2009.
Right now I have been made redundant and I have my P45 and payslip for September.

Considering I will be applying at the end of the month and if I could not get any job, what is my chance of getting ILR?

I am HSMP 2005 applicant with my visa still to expire October 2010.
Hello Iyanu,

Sorry to hear about it,, but based on my personal exp , i would say this all depdends on the Case worker & their mind at time of reviewing your application form ..... im not make you scared of it, but i have been told to provide the Current employer's ref letter , even though i submitted Payslips+P60s+Bankstatements etc etc.

But, the letter which i provided to them was not the Latest one. Infact that was given to me when i started this job 2 years ago. so dont try to hide anything from them , but make sure you are in a position to explain the situation to them as you lost your job & in the process of finding another one. I think that would do.

But dont delay to get the ILR thinki.

Btw where do u have the PEO appointment ?

Good Luck
Roopscisco.

iyanu
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Posts: 394
Joined: Wed Feb 23, 2005 2:59 pm
Location: London, UK
Nigeria

Post by iyanu » Sun Oct 04, 2009 12:06 pm

Many thanks raymasa2, ash20, pahini and roopscisco.

roopscisco wrote:
...
Btw where do u have the PEO appointment ?
30 October 2009.

pahini wrote:
by the way r u a single applicant or joint with dependent?
I am married. But before you start talking about her job, we are both out of job right now, which make it a bit tough.


I kinda understand all you have said and I want to say that we have a company registered for business but has not done much though I have combined both self employed (registered coy) with permanent employment and umbrella company sometimes within the the last two years.

But I went to permanent these last 11 months hoping to get through PEO with no stress that comes with self-employed by just presenting my payslips, bank stmts and p60.

All though I have my taxes paid but not much and I have all correspondences between us and HMR&C intact, I still feel it is always easier with permanent employment.

I am furtunate enough to have p60s and p45s for the 4 yrs, which I received through both permanent and when using umbrella companies.

What do you guys think?

musaratnasreen
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Posts: 35
Joined: Mon Oct 05, 2009 3:26 pm
Location: london

Re: ILR WORRY!

Post by musaratnasreen » Mon Oct 05, 2009 4:53 pm

iyanu wrote:Hi guys,

I am a bit worried, I have booked my ILR PEO appointment to be 30-10-2009.
Right now I have been made redundant and I have my P45 and payslip for September.

Considering I will be applying at the end of the month and if I could not get any job, what is my chance of getting ILR?

I am HSMP 2005 applicant with my visa still to expire October 2010.
Although it is very sad but not worry. No need to lying. Be straight forward. Immediately go on self employment and take documents that u r in process of getting registration for self employment as contractor

musaratnasreen
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Posts: 35
Joined: Mon Oct 05, 2009 3:26 pm
Location: london

Re: ILR WORRY!

Post by musaratnasreen » Mon Oct 05, 2009 4:56 pm

iyanu wrote:Hi guys,

I am a bit worried, I have booked my ILR PEO appointment to be 30-10-2009.
Right now I have been made redundant and I have my P45 and payslip for September.

Considering I will be applying at the end of the month and if I could not get any job, what is my chance of getting ILR?

I am HSMP 2005 applicant with my visa still to expire October 2010.
Although it is very sad but not worry. No need to lying. Be straight forward. Immediately go on self employment and take documents that u r in process of getting registration for self employment as contractor

pahini
Newbie
Posts: 30
Joined: Wed Aug 12, 2009 1:42 pm

Post by pahini » Mon Oct 05, 2009 8:17 pm

Do you have all paper works related to your company?

i.e. accountants report for submission of ur company accounts, corp tax submissions, payroll payment papers for ur company? if yes, attach this with ur application,

if not, get it done from someone, u know or buzz me if u need any help!!

pls dont wait as the date of ur application for ilr have impact on ur naturalisation, dont forget, under hsmp jr if ur under old category, the only requirement is to show ur economically active at the time of ur application to show that u r looking for opportunity, and safer side u hv ur company with u so can attach the company papers with ur application.

best of luck -- dont wait... .just do it with faith and confidence i am sure u will post ur success story very sooooooon....

iyanu
Member of Standing
Posts: 394
Joined: Wed Feb 23, 2005 2:59 pm
Location: London, UK
Nigeria

Post by iyanu » Tue Oct 06, 2009 11:40 am

Many thanks musaratnasreen and pahini!
I have taken all pieces of advice and I understand the best direction to follow now...
Really grateful.

unfairworld
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Posts: 27
Joined: Sun Feb 22, 2009 6:28 pm

Post by unfairworld » Tue Oct 06, 2009 2:50 pm

hey.. just for a peace of mind, also incorporate a ltd company( will cost u less than 30 quid and all process usually take 24-48 hours ), print out the incorporation certificate and keep it with you when you go to appointment.. as a proof that u r currently on an economic activity.. this is just for extra peace of mind, how and when the coverstation during interview could turn, u never know, though I am sure, if u hav all paperwork sorted, u should be perfectly OK.. gud luck..

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