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WP Salary & ILR 10yrs Long Residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Zeeland
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WP Salary & ILR 10yrs Long Residence

Post by Zeeland » Thu Aug 25, 2011 3:44 pm

Hello,
History -> Student visa 6yrs + WP 3yrs + Tier 4 Student (1yr+ & current status)

Does the decision on granting ILR under 10yrs Long Residence get affected if an applicant was underpaid his salary under old work permit arrangements thru no fault of thier own (but simply coz the firm was facing tougher economic times)?

The Long residence rules have this paragraph "The applicant’s employment record will often be a significant consideration. Caseworkers need to consider what the person has been doing while they have been in the UK, and what economic contribution, if any, they have made. Whilst not having a ‘sound’ employment record is not in itself a reason to refuse leave, when coupled with long residence or other strong ties with the UK, having a ‘sound’ employment record would count in a person’s favour if they have not been a burden on public finances but have in fact contributed through income tax and national insurance contributions."

genious
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Joined: Fri Apr 17, 2009 11:58 am

Post by genious » Thu Aug 25, 2011 3:55 pm

i don't think so, you are applying under 10 long residancey not based on WP. so salary rule should not apply to you.

mods can comment on it.

vinny
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Post by vinny » Thu Aug 25, 2011 4:10 pm

Agree. The quote relates to 276B(ii).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Zeeland
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Joined: Thu Aug 25, 2011 3:17 pm

Post by Zeeland » Thu Aug 25, 2011 4:44 pm

While i'm aware that under ILR 10yrs Long Residence one is not required to submit any data related to your finances, salary or your job etc and its all about continuos legal stay without gaps etc...but the form still requires you to put down your National Insurance no. so they can assess whether you have been positively contributing by paying NI contributions & Tax.

Its just that the contributions will be lower based on the lower salary.
So can they nitpick this as a reason not to grant ILR, specially coz it doesn't state what does "sound employment" actually mean under 276bii

Please comment seniors, mods or anyone who has had a similar scenario.
Many thanks!

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