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ILR Tier 2 General - Previous wages missed

Posted: Tue Feb 12, 2013 4:18 pm
by rexan1000
I've been on Tier 2 for the past 5 years. The problem is the first year, I was
not paid well (very low) and few months not paid at all.
Then I moved to another company(2nd visa) and got paid ok.
The same problem happened on 3rd company(3rd visa), missed few months
payments. Finally now I'm in a company(4th visa) and getting paid fine.

I'm eligible for ILR now, but worried about my payments in the past.

Do I really have a chance to get the ILR?

Posted: Tue Feb 12, 2013 5:49 pm
by Kevin24
You need to give more details. Your Immigration History.and why 4 Employers on Tier 2 visa??

Posted: Tue Feb 12, 2013 6:06 pm
by rexan1000
Thanks Kevin

Employer 1: 2 years
Employer 2: 1 year
Employer 3: 1 year
Employer 4: 1+ year

Being a programmer and because of the job's nature and the companies situation, I was forced to take new employments

Posted: Tue Feb 12, 2013 7:02 pm
by Kevin24
What I meant is your WP details. Period and Employer etc.

Posted: Tue Feb 12, 2013 7:44 pm
by Kevin24
Don't mention any Employer Names? Are you having 4 Work Permits?? I am really confused.

Posted: Tue Feb 12, 2013 8:24 pm
by rexan1000
Yes Kevin, 4 different WPs

Posted: Tue Feb 12, 2013 8:32 pm
by Kevin24
Your present Employer is paying your WP salary.Is that right?? But whatt are you going to do about the previous 3 Employers. If you were asked to produce P 60s???

Posted: Tue Feb 12, 2013 9:00 pm
by rexan1000
Thats the problem Kevin, I don't have P60 or payslips of the previous employers.

Posted: Tue Feb 12, 2013 9:14 pm
by Kevin24
When does your present W.P ends?? Hope now you have Payslips and Bank statements??

Posted: Tue Feb 12, 2013 9:14 pm
by Kevin24
When does your present W.P ends?? Hope now you have Payslips and Bank statements??

Posted: Tue Feb 12, 2013 11:05 pm
by rexan1000
The current WP ends next year. I do have payslips and bank statements now.

Posted: Tue Feb 12, 2013 11:20 pm
by cs95tdg
As all of your UK residence has been under employer sponsored work permits, there is a high likelihood that you will need to prove that you met the terms and conditions of those work permits. One way this is done is using your HMRC employment history or P60's for the 5 years.

How much of a difference is there in between what your WP pay was and what you actually got paid by each of your WP employers? If the UKBA find that the terms of your WP's have been broken, then as you already suspect you will have trouble.

Posted: Wed Feb 13, 2013 12:23 pm
by rexan1000
@cs95tdg thank u

yeah, do have lots of diferences, missed payments, low payments etc.
Ofcourse I do understand its important to get paid as mentioned, but
also I feel as a WP holder the taxation and payment is my employers
duty to keep it up.
Please suggest me the UKBA link where I can read the payment issues for
ILR under Tier 2.

Posted: Wed Feb 13, 2013 12:50 pm
by cs95tdg
rexan1000 wrote:Please suggest me the UKBA link where I can read the payment issues for ILR under Tier 2.
It's true that the employer is responsible for meeting the terms of any WP they sponsor. There are stricter controls and penalties which the UKBA have put in place in recent times to enforce this. Note, however the responsibility does not solely lie with the employer.

I'm not sure I understand what you mean by your question above. What payment issues are you referring to? The circumstances you find yourself in are specific to you, and there will be nothing on the UKBA site which will explicitly address what you should do. As far as I'm aware, all you will see is a requirement to show that you met the relevant requirements of the immigration rules that were applicable to you during your ILR residence period, nothing more.

You may want to seek legal advice, as your circumstances do not appear to be straight-forward.

Posted: Wed Feb 13, 2013 1:19 pm
by rexan1000
thanks again cs95tdg

Yeah, need to get a legal advice. But the hardest part is finding an affordable and right solicitor!
Honestly this forum helps me lot.