ILR without letter from employer

hameleon · Post by **hameleon** » Mon Jun 21, 2010 9:23 am

Hi, guys! I'm 5 years work permit holder and going to apply 29 June 2010 in person for ILR. But my employer don't want to give me letter. Do I have any chance to apply without this letter, only what i need to proove somehow that he going to give me job afterwards, because I have all payslips including May 2010 and all P60's but unfortunately all P60's showing income less than its says in my work permit (and by the way I don't have original of work permit as well, my employer said he lost it. I've got only copy). Maybe I can get letter with job offer from other employers who will be happy if i work for them? If somebody can give me some advice or have similar situation i'll be very appreciated, because no much time left, its very urgent. My visa expired 12 July 2010. Thanks

Sky_High · Post by **Sky_High** » Mon Jun 21, 2010 9:54 am

As far as I know letter from employer is very important for ILR.

Why your employer is not providing you letter? Even for other purposes e.g. renting house, sch kind of letters are very common.

Do not worry about copy of Workpermit.

Markie · Post by **Markie** » Mon Jun 21, 2010 11:35 am

employer letter important for WP holders. see section 9B of the ILR Set (O) form.

Sky_High wrote:As far as I know letter from employer is very important for ILR.

Why your employer is not providing you letter? Even for other purposes e.g. renting house, sch kind of letters are very common.

Do not worry about copy of Workpermit.

senthil78 · Post by **senthil78** » Mon Jun 21, 2010 4:52 pm

hameleon wrote:Hi, guys! I'm 5 years work permit holder and going to apply 29 June 2010 in person for ILR. But my employer don't want to give me letter. Do I have any chance to apply without this letter, only what i need to proove somehow that he going to give me job afterwards, because I have all payslips including May 2010 and all P60's but unfortunately all P60's showing income less than its says in my work permit (and by the way I don't have original of work permit as well, my employer said he lost it. I've got only copy). Maybe I can get letter with job offer from other employers who will be happy if i work for them? If somebody can give me some advice or have similar situation i'll be very appreciated, because no much time left, its very urgent. My visa expired 12 July 2010. Thanks

Employer letter is must for the WP holders, if you don't provide employer letter, your application will be refused. I am wondering why can't they give you letter. It is possible only if you do not have good terms with your employer. Can you explain in detail? Did you ask them? Get a simple letter " You are employed with them as xxx position in xxx department. Your annual salary is xxx amount (shouldn't be less than on your WP). Your employment is expected to continue. If they are concerned giving letter for the visa purpose, tell them that you need for bank / letting agreement. You need only last 3 months pay slips or Bank statements and do not require P60. You can't apply with a letter from another employer. Other option is, change your employer and then apply.

Hope2007 · Post by **Hope2007** » Wed Jun 23, 2010 6:08 am

Hi hameleon,

All the best.
Please keep us posted how did things go for you after your appointment on 29 june.

Thanks

hameleon · Post by **hameleon** » Fri Jun 25, 2010 12:32 am

senthil78 wrote:
hameleon wrote:Hi, guys! I'm 5 years work permit holder and going to apply 29 June 2010 in person for ILR. But my employer don't want to give me letter. Do I have any chance to apply without this letter, only what i need to proove somehow that he going to give me job afterwards, because I have all payslips including May 2010 and all P60's but unfortunately all P60's showing income less than its says in my work permit (and by the way I don't have original of work permit as well, my employer said he lost it. I've got only copy). Maybe I can get letter with job offer from other employers who will be happy if i work for them? If somebody can give me some advice or have similar situation i'll be very appreciated, because no much time left, its very urgent. My visa expired 12 July 2010. Thanks
Employer letter is must for the WP holders, if you don't provide employer letter, your application will be refused. I am wondering why can't they give you letter. It is possible only if you do not have good terms with your employer. Can you explain in detail? Did you ask them? Get a simple letter " You are employed with them as xxx position in xxx department. Your annual salary is xxx amount (shouldn't be less than on your WP). Your employment is expected to continue. If they are concerned giving letter for the visa purpose, tell them that you need for bank / letting agreement. You need only last 3 months pay slips or Bank statements and do not require P60. You can't apply with a letter from another employer. Other option is, change your employer and then apply.

Many thanks guys for advice, but I don't think that my employer give me letter with annual salary more than in WP because during 5 years I never get even equal to WP document. So maybe better do not write about salary at all? About P60 I read in this forum that they always asking about P60 as evidence continuos working without any gaps. Somebody told me that letter from employer is this kind of evidence but i think should be something more convinsible than simple letter. Thanks

hameleon · Post by **hameleon** » Fri Jun 25, 2010 12:54 am

Sky_High wrote:As far as I know letter from employer is very important for ILR.

Why your employer is not providing you letter? Even for other purposes e.g. renting house, sch kind of letters are very common.

Do not worry about copy of Workpermit.

My employer knows that I'm going to apply for a visa so no point to hide it.
One more question. Is the black and white version of SET(o) form is acceptable or I have to print it on colour printer? Thanks

winber · Post by **winber** » Fri Jun 25, 2010 12:54 pm

In my opinion in your situation you should be getting professional advice.

If your employer hasn't met the conditions of the work permit then it is them that should be paying the consequences, not yourself.

senthil78 · Post by **senthil78** » Fri Jun 25, 2010 2:45 pm

hameleon wrote:
Sky_High wrote:As far as I know letter from employer is very important for ILR.

Why your employer is not providing you letter? Even for other purposes e.g. renting house, sch kind of letters are very common.

Do not worry about copy of Workpermit.
My employer knows that I'm going to apply for a visa so no point to hide it.
One more question. Is the black and white version of SET(o) form is acceptable or I have to print it on colour printer? Thanks

Are you going to apply without employer letter? If yes, don't apply and you will definately be refused. You won't be fulfilling the basic requirements and there is nothing in the uk immigration to apply discretion in your case and must be refused. You can use the black & white version of SET(O).

hameleon · Post by **hameleon** » Fri Jun 25, 2010 3:40 pm

senthil78 wrote:
hameleon wrote:
Sky_High wrote:As far as I know letter from employer is very important for ILR.

Why your employer is not providing you letter? Even for other purposes e.g. renting house, sch kind of letters are very common.

Do not worry about copy of Workpermit.
My employer knows that I'm going to apply for a visa so no point to hide it.
One more question. Is the black and white version of SET(o) form is acceptable or I have to print it on colour printer? Thanks
Are you going to apply without employer letter? If yes, don't apply and you will definately be refused. You won't be fulfilling the basic requirements and there is nothing in the uk immigration to apply discretion in your case and must be refused. You can use the black & white version of SET(O).

I'm still waiting for letter from employer. I print it in colour to cut one doubt out. Thanks guys for supporting me.

Hope2007 · Post by **Hope2007** » Mon Jun 28, 2010 7:09 pm

All the best hameleon..let us know the outcome.

ChetanOjha · Post by **ChetanOjha** » Tue Jun 29, 2010 9:02 am

Employer letter is required only to confirm/verify that you were holding a valid WP during your 5 year stay in UK. As long as you have all P60's you are fine. All P60 will show that you were employed in UK for the said period. When I applied for my WP, my ex-employer refused to provide any help. I simply went ahead with P60 of four years and my WP letters. If you have P60 with you, you are good to go irrespective of the salary mentioned on your WP documents. You will anyway provide payslips of past 6 month along with bank statement. You will be fine.

I have also requested SAR report from HO to make sure HO records show my continuity. With SAR, HO also sent me duplicate copy of my WP documents.

hameleon wrote:Hi, guys! I'm 5 years work permit holder and going to apply 29 June 2010 in person for ILR. But my employer don't want to give me letter. Do I have any chance to apply without this letter, only what i need to proove somehow that he going to give me job afterwards, because I have all payslips including May 2010 and all P60's but unfortunately all P60's showing income less than its says in my work permit (and by the way I don't have original of work permit as well, my employer said he lost it. I've got only copy). Maybe I can get letter with job offer from other employers who will be happy if i work for them? If somebody can give me some advice or have similar situation i'll be very appreciated, because no much time left, its very urgent. My visa expired 12 July 2010. Thanks

Pierrot95 · Post by **Pierrot95** » Tue Jun 29, 2010 5:34 pm

chetanojha wrote:Employer letter is required only to confirm/verify that you were holding a valid WP during your 5 year stay in UK. As long as you have all P60's you are fine.

You really have be sure about this, since it contracdicts a basic requirement for ILR for WP holders.

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted on application to a person provided:

(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);

(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;

(iii) he is still required for the employment in question, as certified by his employer; and

(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

So after reading this, can you confirm that you got ILR based on 5 years WP without a letter from your employer saying that you are needed for the foreseeable future in that employment?

=====

ChetanOjha · Post by **ChetanOjha** » Tue Jun 29, 2010 8:34 pm

Yes you are right. I have got ILR without employer letter. My ex-employer refused to provide me letter. The only differnce I can see is that I was on Tier-1 at the time of my ILR. Having said that, I am not convinced why HO will need letter from employer knowing that after getting ILR person would no longer required to work for the same employer ALSO you are showing continutity in your employment(by showing payslips+bank statement).
But you are right about the following the reqt word to word as I got ILR in Dec 2009 not sure if things changed after that. Besides I applied via solicitor as I was not able to get appointment at Croydon PEO.

Pierrot95 wrote:So after reading this, can you confirm that you got ILR based on 5 years WP without a letter from your employer saying that you are needed for the foreseeable future in that employment?

Pierrot95 · Post by **Pierrot95** » Tue Jun 29, 2010 8:57 pm

chetanojha wrote:The only differnce I can see is that I was on Tier-1 at the time of my ILR.

That only difference is a BIG difference. Please be careful about what you say here; as a moderator, your advice is taken very seriously by fellow members of this forum, including me.

chetanojha wrote:Having said that, I am not convinced why HO will need letter from employer knowing that after getting ILR person would no longer required to work for the same employer.

The answer to your concern is here:

135. Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 134 is met.

HO need the letter because they have to be satisfied that the applicant meets the requirement of para 134 (iii) cited above.

====

ChetanOjha · Post by **ChetanOjha** » Tue Jun 29, 2010 9:03 pm

You are right. Hence I ammended my above post but it seems you have posted your reply in the mean time.

Pierrot95 wrote:That only difference is a BIG difference. Please be careful about what you say here; as a moderator, your advice is taken very seriously by fellow members of this forum, including me.

hameleon · Post by **hameleon** » Sun Jul 04, 2010 1:11 am

Hope2007 wrote:All the best hameleon..let us know the outcome.

Sorry guys for a delay with my report about visiting Croydon. Finally, last day before my appointment I did receive letter from my employer, he made it very hard for me and 29 June I've got ILR stamped same day in less than 2 hours time. This is required list of docs:
1) 3 payslips ( I gave 5 payslips);
2) Life in UK tests
3) Letter from employer
4) all p60 - I gave only 4, caseworker didn't say anything;
5) bank statements for last 3 months
6) police registration certificates
7) I have only copy of my WP.

All staff there was very polite and helpfull. I expected more worth situation, because were to many applicants in same time and it was loong queue, but it moved quiet fast. When we came(my wife came as a dependant) it was raining and 1 hour early, so they ask us to wait outside the building, before 30 min will left to our appointment.
Thanks a lot to all forum members who helped me and other members of this forum. I still can't beleive, I'm freeeeeee!!!!!!

Good luck for all of you with your ILR.

Hope2007 · Post by **Hope2007** » Sun Jul 04, 2010 5:43 pm

Excellent news hameleon. Congrats!!!!. Glad all went off well. could you tell us , did your employer metion the salary in the letter? since you had 4 p60s and the money you had earned didnt match the wp letter, how did you get a way with that ? Did the caseworker ask any queries about your salary where you had earned less than the salary metioned in your wp
Thanks

sunandapal · Post by **sunandapal** » Mon Jul 05, 2010 1:05 pm

hameleon,

Congrats for ilr. Can you pls specify what was written in your letter from employer?

hameleon · Post by **hameleon** » Fri Jul 16, 2010 2:24 am

sunandapal wrote:hameleon,

Congrats for ilr. Can you pls specify what was written in your letter from employer?

No, I didn't write any salary figures and caseworker didn't ask me about this nothing at all. That letter you guys probable have been seen in this forum, just exactly same example. All conversation with caseworker was about 10-15 maximum and most of them just in waiting, thanks God. I think even if i show caseworker one more P60 which was with smalest salary ever, it won't cause me problem, because I presume they just need them as a required doc without cheking in details. Maybe I'm wrong, its only my opinion. Don't think its a kind of rule. I wish all of you happy appointment. One thing I beleive that any person can get what she/he wants if she or he will put a strong faith and maximum efforts on it. All the best

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