General UK immigration & work permits; don't post job search or family related topics!
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boston
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by boston » Tue Aug 12, 2008 11:15 am
Hi, I'm applying for ILR on SET(O) after having been here for 5 years on a work permit. I'm planning to go to Croydon to apply in person.
I have two questions:
1. Do I need to prove that I haven't had any long absences from the UK? If so, how? I've made a list of all my foreign trips, and all of the return dates are backed up by the entry stamps in my passport, but how do they know when I left the country at the beginning of the trip (i.e. how long the trip was)?
2. Do I need my work permit letters for the past five years to prove that I've actually held a work permit through that period, or will they be able to look that up on their system?
Thanks for any help!
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Wanderer
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by Wanderer » Tue Aug 12, 2008 11:25 am
Request your SAR from the HO (look on BIA site) it will show the records of your ins and out and any gaps if there are any.
If you've any doubt perhaps you should consider applying by post? If the person at the PEO finds sth even slightly out-of-the-ordinary they'll just send you away and tell u to apply by post.
An chéad stad eile Stáisiún Uí Chonghaile....
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HMRB
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by HMRB » Tue Aug 12, 2008 11:58 am
What documents are you submitting for the ILR? Do you have to supply 5 years of P60/pay-slips? or will the last 3 months suffice?
As far as I know you need not worry about the proof of dates you entered and left as the home office keep record of that from the landing cards we fill in when we arrive in the UK.
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republique
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by republique » Tue Aug 12, 2008 12:46 pm
HMRB wrote:What documents are you submitting for the ILR? Do you have to supply 5 years of P60/pay-slips? or will the last 3 months suffice?
As far as I know you need not worry about the proof of dates you entered and left as the home office keep record of that from the landing cards we fill in when we arrive in the UK.
Oh come come now.
ILR is about whether you were economically active the last 5 years. Will submitting the last 3 months do that?
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boston
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by boston » Tue Aug 12, 2008 1:40 pm
At the moment I'm just submitting three months' worth of bank statements and a letter from my employer saying that my employment is continuing through next April - I've already reached five years so I hope the employer letter won't be a problem.
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republique
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by republique » Tue Aug 12, 2008 2:36 pm
boston wrote:At the moment I'm just submitting three months' worth of bank statements and a letter from my employer saying that my employment is continuing through next April - I've already reached five years so I hope the employer letter won't be a problem.
This shows continued employment which is important
It sounds like you have had the same employer for the whole period which makes things simple for the HO to assess your case.
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HMRB
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by HMRB » Tue Aug 12, 2008 2:40 pm
Republique they have not mentioned anywhere on the Set(O) form that they need to see 5 years of economic activity on applying for ILR based on a work permit. It is only on an HSMP that they need all that information. This is what I inferred when I read the form and guide. What do you think? Am I missing out on something here?
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HMRB
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by HMRB » Tue Aug 12, 2008 2:48 pm
Sorry Republique... Just saw the form and it clearly says that we need to show evidence of economic activity since the time we were granted leave to remain.. that means we need to show pay-slips, bank st. and P60's for the whole of 5 years! I better get my act together then to get this sorted out! Thanks Republique!
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republique
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by republique » Tue Aug 12, 2008 4:55 pm
HMRB wrote:Sorry Republique... Just saw the form and it clearly says that we need to show evidence of economic activity since the time we were granted leave to remain.. that means we need to show pay-slips, bank st. and P60's for the whole of 5 years! I better get my act together then to get this sorted out! Thanks Republique!
Glad you finally read the form properly.
As I said before, it is about showing your economic activity
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HMRB
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by HMRB » Tue Aug 12, 2008 5:04 pm
But on the other hand it is only under 9K:Tier 1 - (General Migrant) category that it says you need to show economic activity. Under the 9B:Work Permit Holder category it only says show evidence of your finances (bank st, payslips) for atleast 3 months and an employer letter. Very confusing if you ask me...
Do I come under the 9K:Tier 1 - (General Migrant) category or under the 9B:Work Permit Holder category?
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republique
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by republique » Tue Aug 12, 2008 5:14 pm
HMRB wrote:But on the other hand it is only under 9K:Tier 1 - (General Migrant) category that it says you need to show economic activity. Under the 9B:Work Permit Holder category it only says show evidence of your finances (bank st, payslips) for atleast 3 months and an employer letter. Very confusing if you ask me...
Do I come under the 9K:Tier 1 - (General Migrant) category or under the 9B:Work Permit Holder category?
Not really. which one are you under?
Tier1/HSMP holders don't always have continous employment, thus the standard is economic activity.
whereas the work permit, you should have been working continously and as a result, showing your finances would be probative.
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HMRB
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by HMRB » Tue Aug 12, 2008 5:16 pm
I am on a 5 year work permit and have only been working with 1 employer and have had continuous employment. So does that mean that I do not have to show economic activity? Would showing my finances and pay slips for say 6 months be sufficient?
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mama
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by mama » Fri Aug 15, 2008 9:21 pm
I am on a 5 year work permit and have also only been working with 1 employer and have had continuous employment. I was planning to take only 6 months of payslips, bank statements and 5 years of P60. And of course the rest of the documents like work permit letter, employer letter etc.
My question is about the absences: as part of my job, I have travelled to Europe on short customer and market visits frequently. There may be around 20 trips to Europe of a duration of 2 days. One of the posts mention I can request an SAR from the HO regarding exits and entries into the UK. How can I do that? please help.
My PEO appointment is on the 5th september so would also like to know if it is advisable to ask for this frm the HO now..i mean will they give it to me in a couple of weeks or does it take forever?
I was just planning to take a letter from my employer that my job involves travelling on client and market visits to europe. wonder if that will suffice?? pls help.
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paulp
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by paulp » Sat Aug 16, 2008 1:46 am
You do not need SAR for absences. Get your employer to give every date for your business trips and say that you were officially away on business.
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mama
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by mama » Sun Aug 17, 2008 10:03 pm
Thanks! I have already tried to put down all absences on an Excel sheet. I have put most of it down but some are tricky because the stamps on my passport are all over the place by the UK Immigration authorities (they stamp one on top of the other!!)
Anyway, just another question, how many days are you allowed to be outside the UK - including annual leave & business? I have read that there is not accurate information about this after the HO changed PR requirement from 4 to 5 years. Please can anyone clarify?