Letter from employer !

vj_79 · Post by **vj_79** » Thu Nov 26, 2009 11:02 pm

Hi I have a query .

I am in work permit and I am going to show my part time earning in another company for 20hours and claim points for tier 1 . Do I need to get any letter from my full time employer stating that I was allowed to work 20 hours (Well to be honest they kind of don't know that I did the project )I have letter from the company which employed me on part time basis and have payslips for that as well .

Please help , bit confused and nervous.

Thanks,

winber · Post by **winber** » Fri Nov 27, 2009 12:59 am

To be honest I'd be nervous too if I'd worked for a company that my workpermit didn't allow me to!

hsmp12345 · Post by **hsmp12345** » Fri Nov 27, 2009 8:11 am

Agree with winber,

While on work permit you are supposed to work only for a particular employer you has sponsered your work permit.

Cheers,

vj_79 · Post by **vj_79** » Fri Nov 27, 2009 10:14 am

Hi there ,
Thanks for the reply . But i guess I am allowed to work 20 hours per week in another job which is out of my full time job hours ?!

winber · Post by **winber** » Fri Nov 27, 2009 10:21 am

What makes you believe that? Is there something in the work permit that states that?

niceguyinuk · Post by **niceguyinuk** » Fri Nov 27, 2009 10:24 am

u cant do two jobs in work permit..they will reject ur visa if u show additional earning i am afraid

vks · Post by **vks** » Fri Nov 27, 2009 10:26 am

vj_79 wrote:Hi there ,
Thanks for the reply . But i guess I am allowed to work 20 hours per week in another job which is out of my full time job hours ?!

Workpermit guidance states the following:

What requirements do I have to meet to get a visa?
If you hold an ordinary work permit, TWES or a letter of approval, you must:
be able to do the work referred to in your work permit
not intend to take other employment, except as set out in your work permit
intend to leave the UK when the work permit expires (if it is due to expire within 12 months), and
be able to support yourself and any dependants, without needing any help from public funds.

So you should not work on any other job, while on Work Permit.

vj_79 · Post by **vj_79** » Fri Nov 27, 2009 10:33 am

Hi Guys ,
I just found this from the UK border agency website :
"You can do extra work to the job that you have a certificate of sponsorship for if:
it is in the same profession at the same professional level as the job that your certificate of sponsorship is for;
the work is no more than 20 hours a week;
the work is outside the working hours that the certificate of sponsorship is for.
You do not need to tell us about any extra jobs you take, and can do voluntary work in any sector.
You must not be paid or receive other money for the voluntary work, except reasonable expenses as in section 44 of the National Minimum Wage Act. See the OPSI website on the right of this page for more information about the National Minimum Wage Act.".I don't have the letter in front of me . but when i got my work permit in 2005 , I remember reading this clause that i am allowed to work 20 hours outside my regular working hours .

vks · Post by **vks** » Fri Nov 27, 2009 10:55 am

vj_79 wrote:Hi Guys ,
I just found this from the UK border agency website :
"You can do extra work to the job that you have a certificate of sponsorship for if:
it is in the same profession at the same professional level as the job that your certificate of sponsorship is for;
the work is no more than 20 hours a week;
the work is outside the working hours that the certificate of sponsorship is for.
You do not need to tell us about any extra jobs you take, and can do voluntary work in any sector.
You must not be paid or receive other money for the voluntary work, except reasonable expenses as in section 44 of the National Minimum Wage Act. See the OPSI website on the right of this page for more information about the National Minimum Wage Act.".I don't have the letter in front of me . but when i got my work permit in 2005 , I remember reading this clause that i am allowed to work 20 hours outside my regular working hours .

Tier 2 app guidance

I was wrong in my previous statement.

Yes you can show the supplementary employment earnings / secondary employment earnings (Page 56)

Supplementary ary Empl oym ent
375. Tier 2 and Tier 5 migrants are allowed to undertake other work which is supplementary to that for which his/her certificate of sponsorship was assigned. This supplementary employment does not have to meet the resident labour market test and the employer does not have to be a sponsor. Supplementary employment must:
be in the same profession and at the same professional level as the work for which the
i. certificate of sponsorship was assigned; be no more than 20 hours a week; and
ii.be outside of normal working hours for which his/her certificate of sponsorship was iii. assigned.
376. Migrants do not need to advise us of any supplementary employment they undertake, as long as it meets the above stated criteria.
377. A migrant should advise his/her new employer that the employment is supplementary employment so that the employer can make the necessary checks in accordance with its obligations under the prevention of illegal working directive.
Secondary dary Empl oym ent
Once a Tier 2 migrant has used their certificate of sponsorship to gain leave to enter, 378. or remain in the United Kingdom, and started work for their sponsor, they are allowed to take other employment which does not meet the supplementary employment criteria. For example, employment in a different profession.
Any secondary employment must be with a licensed sponsor and the migrant must 379. pass the points test and meet the criteria relevant to the category in which their secondary employment falls. The secondary employer must have recruited him/her in accordance with this sponsorship guidance and the relevant code of practice for the sector. The secondary employer must then assign a new certificate of sponsorship to the migrant. The migrant must then submit a fresh application to vary his/her existing leave. (Please note that a second certificate of sponsorship cannot be assigned until the migrant has used their first one.)

But look at the point in RED in the above quote. You should watch out this one, as you have not mentioned that you were working for some one to your sponser

mno2uk · Post by **mno2uk** » Sun Nov 29, 2009 1:07 pm

Hello Vks..

Just wanted to ask u regarding my part time earnings --- I have got a letter from my employer saying that i was paid by cheque, the amount and date of the cheque altho the date of credit is not there..he has said a straight no for it . Also there is no gross or ner salary n hence no deductions - as it was project work earnings - is tis ok ?

would it be ok to mention the dates of credit in the cover letter in the details of past earnings section explanation ?

Also - there is no company seal and it says authorised signatorys(stamped n signed) where the employer has signed and its on a company letter head..

Should this be okay - ? can i submit that letter along with my other paperwork ?

Please guide me guys .. Thank you..

vks wrote:
vj_79 wrote:Hi there ,
Thanks for the reply . But i guess I am allowed to work 20 hours per week in another job which is out of my full time job hours ?!
Workpermit guidance states the following:

What requirements do I have to meet to get a visa?
If you hold an ordinary work permit, TWES or a letter of approval, you must:
be able to do the work referred to in your work permit
not intend to take other employment, except as set out in your work permit
intend to leave the UK when the work permit expires (if it is due to expire within 12 months), and
be able to support yourself and any dependants, without needing any help from public funds.
So you should not work on any other job, while on Work Permit.

vks · Post by **vks** » Sun Nov 29, 2009 1:13 pm

mno2uk wrote:Hello Vks..

Just wanted to ask u regarding my part time earnings --- I have got a letter from my employer saying that i was paid by cheque, the amount and date of the cheque altho the date of credit is not there..he has said a straight no for it . Also there is no gross or ner salary n hence no deductions - as it was project work earnings - is tis ok ?

As long as you have paid Tax and NI on those earnings

would it be ok to mention the dates of credit in the cover letter in the details of past earnings section explanation ?

Also - there is no company seal and it says authorised signatorys(stamped n signed) where the employer has signed and its on a company letter head..

Should this be okay - ? can i submit that letter along with my other paperwork ?
Should have two different sources to prove your earnings

Please guide me guys .. Thank you..

mno2uk · Post by **mno2uk** » Sun Nov 29, 2009 1:26 pm

Thank you so much for the quick one..

Umm.. I am working on my initial tier-1 application from outside UK and for this i have my regular as well as part time earnings set for past earnings --

1) Regular one - i have the pay slips as well as the bank statements showing teh details for salary credit per month for the period claimed.
That should suffice as corroborative evidence i think ?

2) For part time - i dnt have payslips as the firm doesnot have that practice and also i got a letter with the details from them and they have the sign on it but no company (logo) seal but its on a letter head.

Since the payments were by cheque the same were deposited in the bank and the statements also show the bank credit ( which i can mention in the cover letter if thats okay pointing the details for credit )

The tax year will end on march 2010 and the payments and so the tax returns etc are no there still..i m claiming period from nov to oct..

so most importantly i want to know if the seal is really required and if it can work without it since the contacts will be mentioned as well in the covering letter should the CW want to be sure etc ..
Thanks much..

vks wrote:
mno2uk wrote:Hello Vks..

Just wanted to ask u regarding my part time earnings --- I have got a letter from my employer saying that i was paid by cheque, the amount and date of the cheque altho the date of credit is not there..he has said a straight no for it . Also there is no gross or ner salary n hence no deductions - as it was project work earnings - is tis ok ?

As long as you have paid Tax and NI on those earnings

would it be ok to mention the dates of credit in the cover letter in the details of past earnings section explanation ?

Also - there is no company seal and it says authorised signatorys(stamped n signed) where the employer has signed and its on a company letter head..

Should this be okay - ? can i submit that letter along with my other paperwork ?
Should have two different sources to prove your earnings

Please guide me guys .. Thank you..

vks · Post by **vks** » Sun Nov 29, 2009 1:43 pm

[quote="mno2uk"]Thank you so much for the quick one..

Umm.. I am working on my initial tier-1 application from outside UK and for this i have my regular as well as part time earnings set for past earnings --

1) Regular one - i have the pay slips as well as the bank statements showing teh details for salary credit per month for the period claimed.
That should suffice as corroborative evidence i think ?

2) For part time - i dnt have payslips as the firm doesnot have that practice and also i got a letter with the details from them and they have the sign on it but no company (logo) seal but its on a letter head.

Since the payments were by cheque the same were deposited in the bank and the statements also show the bank credit ( which i can mention in the cover letter if thats okay pointing the details for credit )

There is no mention of a seal. The letter head is considered of to be a true source. Don't forget to add the contact details of the company in question!

The Tier 1 guidance says that the 'Documents required' as follow:

[quote]This is a letter on company headed paper which clearly shows the applicantâ€™s earnings during period claimed, and the date and amount of each payment. This letter should be dated after the period for which earnings are being claimed and should clearly show the applicantâ€™s gross and net pay.â€

mno2uk · Post by **mno2uk** » Sun Nov 29, 2009 2:02 pm

Well :

Page 25 of 49 Guidance notes :

Letter from the applicantâ€™s (previous and/iii) or present) employer(s)
(or in the case of winnings, the relevant awarding body) confirming that
he/she has received the exact amount claimed. This is a letter on company headed paper which clearly shows the applicantâ€™s earnings during period claimed, and the date and amount of each payment. This letter should be dated after the period for which earnings are being claimed and should clearly show the applicantâ€™s gross and net pay.â€

vks · Post by **vks** » Sun Nov 29, 2009 2:31 pm

[quote="mno2uk"]Well :

Page 25 of 49 Guidance notes :

Letter from the applicantâ€™s (previous and/iii) or present) employer(s)
(or in the case of winnings, the relevant awarding body) confirming that
he/she has received the exact amount claimed. This is a letter on company headed paper which clearly shows the applicantâ€™s earnings during period claimed, and the date and amount of each payment. This letter should be dated after the period for which earnings are being claimed and should clearly show the applicantâ€™s gross and net pay.â€

ChetanOjha · Post by **ChetanOjha** » Sun Nov 29, 2009 6:48 pm

[quote="mno2uk"]Well :

Page 25 of 49 Guidance notes :

Letter from the applicantâ€™s (previous and/iii) or present) employer(s)
(or in the case of winnings, the relevant awarding body) confirming that
he/she has received the exact amount claimed. This is a letter on company headed paper which clearly shows the applicantâ€™s earnings during period claimed, and the date and amount of each payment. This letter should be dated after the period for which earnings are being claimed and should clearly show the applicantâ€™s gross and net pay.â€

mno2uk · Post by **mno2uk** » Sun Nov 29, 2009 7:13 pm

Hi Chetan :

I do understand what you mean and that people are misusing the system to reach the threshold limit.

In my case with my regular earnings i am gaining the required 95 points but since its my own earnings only from work done part time i want to include the same. yeah in my case i was paid in the last 2-3 months only.
Although the bank statement entries have proper details of cheque no and firm name etc.

And yes i do have the letter and bank entries in place with details of contacts as required. Since i earned them so i wanted to include them in it. I am trying to understand though what other proof is required ?

oh i m a small time worker ! and dont own a company else i wud have gone for the self employed way Sir !

yeah i know i need to put all pieces together -----and thats becoming a pain now lol ..

my regular pay slips+bank statement + part-time employer letter + (same) bank statement. I want to follow the guidelines and not abuse the system in anyway.

is there something else i can add to make my application better in any way Chetan ?

Thanks much.

[quote="chetanojha"][quote="mno2uk"]Well :

Page 25 of 49 Guidance notes :

Letter from the applicantâ€™s (previous and/iii) or present) employer(s)
(or in the case of winnings, the relevant awarding body) confirming that
he/she has received the exact amount claimed. This is a letter on company headed paper which clearly shows the applicantâ€™s earnings during period claimed, and the date and amount of each payment. This letter should be dated after the period for which earnings are being claimed and should clearly show the applicantâ€™s gross and net pay.â€

ChetanOjha · Post by **ChetanOjha** » Sun Nov 29, 2009 7:31 pm

mno2uk wrote:Hi Chetan :

In my case with my regular earnings i am gaining the required 95 points but since its my own earnings only from work done part time i want to include the same. yeah in my case i was paid in the last 2-3 months only.

Its good to bleed in drill than war.

If you are getting enough points using your regular earnings than I would advice to go with that only. This will help you to keep your application straight forward and simple. It would be easy for caseworker to make decision quicker compare to application which include earnings from multiple source/type. You will be assured of outcome. Since these cheque and thing is a little grey area for your application you should stay away from documents/evidence etc which raise any doubts. Caseworkers does not give any benefit of doubt.Besides since you already have 95 points you seems to have a strong case already. More points does not help you, all you need a straight forward case.Why mess it with details which is dicey and not required anyway?

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Letter from employer !

Letter from employer !