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ILR - working with Indian IT company

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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newbie01
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ILR - working with Indian IT company

Post by newbie01 » Sun Jan 17, 2010 5:24 pm

Hi

I'm a new comer on this website and have learnt from a colleague that you always get a very good response from the members of this site.

I'm due to apply for ILR following the judgement in favour of HSMP holders:

1) My situation is I came to UK in Jan 2005 on a WP through a small Indian Company. They paid me an allowance in UK and salary in India. My bank statements in UK are a proof of that allowance. But I don't have any proof of my company paying income tax and NI contributions on my behalf. I applied for HSMP in Oct 2007 and got a permanent job in UK. Since then I have all the proofs of NI contribution , P60 etc etc.

I've heard these days the HO is asking for P60 for all the years you've worked in UK. My previous company can't provide me with that documentation. Rather they are unwilling to do that. What do I do in this case? Please advice.

What other documentation is required at the time of ILR appointment?

2) My wife's been in UK since apr 2005 but on her own WP. she got ceonverted to Tier1 dependent in Dec 2010 . Now when I apply for ILR, is she applicable for getting the PR with me? Is there a minimum duration for the visa category that a dependent needs to spend in UK before he/she could apply for PR?

I'm sure many of my friends on this website will be in the same boat as I am.

Thanks in advance.

diago_nelson
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Posts: 118
Joined: Sun Jan 17, 2010 10:07 pm
Location: London

Re: ILR - working with Indian IT company

Post by diago_nelson » Sun Jan 17, 2010 10:23 pm

1. Have you not received salary slips from your Indian company ? Can you request them to issue a letter stating that you were employed in the company for x duration , with x perdiem.
All your WP Home office letters are very important. Take them with you.

2. Your wife can apply for ILR as your dependent.
Requirements is she should be in UK, married & staying with you, for atleast 2 years.
See http://www.ukba.homeoffice.gov.uk/worki ... t/#header3

All the best !
newbie01 wrote:Hi

I'm a new comer on this website and have learnt from a colleague that you always get a very good response from the members of this site.

I'm due to apply for ILR following the judgement in favour of HSMP holders:

1) My situation is I came to UK in Jan 2005 on a WP through a small Indian Company. They paid me an allowance in UK and salary in India. My bank statements in UK are a proof of that allowance. But I don't have any proof of my company paying income tax and NI contributions on my behalf. I applied for HSMP in Oct 2007 and got a permanent job in UK. Since then I have all the proofs of NI contribution , P60 etc etc.

I've heard these days the HO is asking for P60 for all the years you've worked in UK. My previous company can't provide me with that documentation. Rather they are unwilling to do that. What do I do in this case? Please advice.

What other documentation is required at the time of ILR appointment?

2) My wife's been in UK since apr 2005 but on her own WP. she got ceonverted to Tier1 dependent in Dec 2010 . Now when I apply for ILR, is she applicable for getting the PR with me? Is there a minimum duration for the visa category that a dependent needs to spend in UK before he/she could apply for PR?

I'm sure many of my friends on this website will be in the same boat as I am.

Thanks in advance.

newbie01
Newly Registered
Posts: 13
Joined: Fri Sep 12, 2008 4:21 pm

Post by newbie01 » Mon Jan 18, 2010 4:17 am

I have the salary slips but those are for salary credited in Indian bank account. It doesn't mention the UK per diems provided during UK stay.

I do have all the WP documents issued by home office.

sach1636
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Joined: Thu Nov 09, 2006 11:15 pm
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Post by sach1636 » Sat Jan 23, 2010 2:39 am

newbie01 wrote:I have the salary slips but those are for salary credited in Indian bank account. It doesn't mention the UK per diems provided during UK stay.

I do have all the WP documents issued by home office.
I have exactly same situation and keen to know feedback from seniors here..many thanks in advance

rajivbravo
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Joined: Tue Jan 19, 2010 4:36 pm

Post by rajivbravo » Sat Jan 23, 2010 11:14 pm

try this ...

http://www.immigrationboards.com/viewto ... 4096135b61
sach1636 wrote:
newbie01 wrote:I have the salary slips but those are for salary credited in Indian bank account. It doesn't mention the UK per diems provided during UK stay.

I do have all the WP documents issued by home office.
I have exactly same situation and keen to know feedback from seniors here..many thanks in advance

sach1636
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Posts: 13
Joined: Thu Nov 09, 2006 11:15 pm
Contact:

Post by sach1636 » Sun Jan 24, 2010 11:27 am

rajivbravo wrote:try this ...

http://www.immigrationboards.com/viewto ... 4096135b61
sach1636 wrote:
newbie01 wrote:I have the salary slips but those are for salary credited in Indian bank account. It doesn't mention the UK per diems provided during UK stay.

I do have all the WP documents issued by home office.
I have exactly same situation and keen to know feedback from seniors here..many thanks in advance
Thanks I have checked this earlier. Another question, if IT company is paying in home country for both allowances & salary they still need to fill some tax documents with home office right. Are we entitled to ask them any such documents? If I get letter from employer saying I was deputed in UK during say initial 3 years and work permit would that be sufficient?
Thanks...

pkumar
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Posts: 430
Joined: Sun May 31, 2009 9:56 pm

Post by pkumar » Sun Jan 24, 2010 2:05 pm

Please remember ... many people (specially IT professional) were NEVER based out of UK ... but are based out of india ... so if you manage to get letter that you were on deputation to india .. then company and most of all you are taking the risk. ... the fact that you were always paid in india even while you in UK proves you were employee in india and based out of india ....isn't it?

It just takes one case to UKBA to investigate and ALL the past files will be opened and audited ... so even if you get away with it now .. you will always have this thing what if it gets audited .. it might be REMOTE possibility but nevertheless ...

UNLESS it is genuine then it's fine ... just getting letter "might" work but remember false letter can only land you and ur company in trouble .. peace of mind is to play by the rule and life tension free ..

AGAIN ... just an opinion.....

sach1636
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Posts: 13
Joined: Thu Nov 09, 2006 11:15 pm
Contact:

Post by sach1636 » Sun Jan 24, 2010 3:29 pm

pkumar wrote:Please remember ... many people (specially IT professional) were NEVER based out of UK ... but are based out of india ... so if you manage to get letter that you were on deputation to india .. then company and most of all you are taking the risk. ... the fact that you were always paid in india even while you in UK proves you were employee in india and based out of india ....isn't it?

It just takes one case to UKBA to investigate and ALL the past files will be opened and audited ... so even if you get away with it now .. you will always have this thing what if it gets audited .. it might be REMOTE possibility but nevertheless ...

UNLESS it is genuine then it's fine ... just getting letter "might" work but remember false letter can only land you and ur company in trouble .. peace of mind is to play by the rule and life tension free ..

AGAIN ... just an opinion.....
Thanks for your views. Fact is even though I am paid in home country, the payment was to cover expenses incurred here. I was based out of india but continuously staying in UK.

So for 2.5 years if I am on deputation in UK and other 2.5 years I am in UK paid by local UK employer, in this situation am I eligible to apply for ILR? If yes then Work permit (old co) + letter from old company confirming I was on deputation in UK + Tire1 (current) + letter from current employer + 2 p60s + 12 month payslips + life in UK pass certificate all together would be sufficient?

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