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WP + Tier 1 application for ILR

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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tier1extension
Junior Member
Posts: 62
Joined: Tue Jun 07, 2011 12:53 pm

WP + Tier 1 application for ILR

Post by tier1extension » Mon Nov 14, 2011 10:15 am

I am applying using a combination of work permit (1.5 years) and Tier 1 general (3 yrs) and Tier 1 extension(6 months - most current visa).

I read in the UKBA website that for work permit holders, they need to show letters from employer and payslips and bank statements to show they are being paid above the minimum rate required for their work permit visa.

Do I have to get my old pay slips for my employment when I was still a work permit holder, and show the bank statements for it, plus letter from previous employer, in addition to showing my most recent 12 months pay slips and bank statements as well as employer letter from my most current employment as a Tier 1 general holder?

malepiscean
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Joined: Sun Nov 28, 2010 9:40 am
Location: London
United Kingdom

Re: New Oct 2011 rules: WP + Tier 1 application for ILR

Post by malepiscean » Mon Nov 14, 2011 2:54 pm

tier1extension wrote:I read in the UKBA website that for work permit holders, they need to show letters from employer and payslips and bank statements to show they are being paid above the minimum rate required for their work permit visa.
IMHO, here is what I understood from this document which summarizes the changes made to ILR rules effective from 31 Oct 2011:

1) These changes only apply to individuals who are applying from Tier2/WP categories and NOT to those who have been on these categories in the past. It's your current Visa category that's important here, and for you it's T1G.

2) These changes do not apply to T1G holders (regardless of what previous Visas they held)
In section 7.2 pg16 UKBA wrote:There is no need to amend the indefinite leave to remain rules for Tier 1(General) cases...
3) For individuals who are applying from T2/WP category, they need to provide additional documentation as evidence of their earnings during the qualifying period apart from employer's letter.
In section 7.2 pg 16 UKBA wrote:This instrument introduces an additional requirement for Work Permit and Tier 2 migrants only so that they must provide, in addition to their employer’s written certification, specified documents which confirm their earnings...
Note: Page 16 is the most relevant.

To be safe I'd suggest that you carry all the payslips and p60s from your qualifying period.

Hope this helps, if you feel differently, please let me know I'd like to have my understanding corrected as well :-).

geriatrix
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Post by geriatrix » Mon Nov 14, 2011 4:08 pm

The new requirement applies to WP and Tier 2 migrants only, as the announcement "clearly" states!
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Tue Nov 15, 2011 7:04 pm

tier1extension wrote:I am applying based on a combination of Tier 1 General (most recent) and work permit (previous visa).

In the Tier 1 General, the guidance for payslips if they are just printed on ordinary paper is to just let the company stamp and sign it and that is sufficient.

However, for ILR, there are new rules in the guidance from Oct 31, 2011 saying:

Payslip: If the payslip is not on headed paper or is a printout of an online payslip, you must provide a letter from your sponsor, confirming the payslip is authentic. The letter from the sponsor must be on company headed paper, and must be signed by a senior official.

So does that mean the stamping and signing of the payslips is not enough anymore for ILR and I need also a letter from employer to authenticate the payslips?
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Tue Nov 15, 2011 7:09 pm

Not sure why you are referring to rules related to Tier 2 and reading the Tier 2 settlement guidance when you currently a Tier 1 (General) migrant (and hopefully intend to apply for settlement as a Tier 1 (General) migrant).

Reading FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders should be helpful.
Life isn't fair, but you can be!

tier1extension
Junior Member
Posts: 62
Joined: Tue Jun 07, 2011 12:53 pm

thanks

Post by tier1extension » Tue Nov 15, 2011 7:14 pm

ok thanks i just want to be 100% sure as the payslips I am submitting is just printed,stamped and signed... i have no letter from employer authenticating that the signed and stamped printed payslips are authentic...

i take it from what you said as i already suspect anyway that the same rules for my Tier 1 general extension will apply, which means stamping and signing of payslips would be enough :)

tier1extension
Junior Member
Posts: 62
Joined: Tue Jun 07, 2011 12:53 pm

employer letter

Post by tier1extension » Wed Nov 16, 2011 7:08 pm

the employer letter is mandatory for work permit applicants but is optional for Tier 1 general applicants. What if i am applying based on a combination of Tier 1 general (current visa) and work permit (previous visa)? Is it still optional or is it mandatory?

my guess is it would not be a requirement. the reason why i am asking is i requested for employer letter for my current employment to be sent by post to me and it still hasnt arrived so i am worried. i just want to be 100% sure it is not required in case i dont obtain it by the time i will submit my application.

can somebody kindly confirm to me please?

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