ILR as Work Permit Holder - P60's & Paragraph 128

[Daphne_ZA]

Hi,

I've read a few posts which have been very helpful. Most recommend supplying P60's for the 5 year period in order to meet the requirement ''Document(s) confirming that you have spent a continuous period of 5 years in the UK: as a work permit holder''

My salary over the last few years has been below what was issued on my work permit. This was due to not completing all the ''possible additional campaign hours''. My employer did not say I would definitely earn £xxxxx, just that it was possible to.

Anyway, I do now earn above the rate on my work permit, and above the Code of Practice salary requirement, but this isn't clearly reflected on previous P60's (recently got an increase on basic salary). I want to avoid supplying any P60's.

Will the letter from the employer showing the start date, along with stamp in passport show that I have been in the UK as a Work Permit holder for 5 years? Do I HAVE to supply P60's or other HMRC documentation to support this?

I also just want to make sure I'm not missing anything with the requirements of paragraph 128. It doesn't seem to be an issue on any of the topics on here, nor on any other forums.

It is included in the Guidance notes for ILR Closed Categories.

* is capable of doing the employment specified in the work permit (for example they have the appropriate qualifications)
* does not intend to take employment except as specified in his work permit

Is it necessary to provide documentation to support these? It seems pretty obvious that you are capable of doing the work, if you were issued the work permit; have worked there for 5 years; and your employer still wants to continue to employ you?
And how to prove you intentions? How do you show that you intend to stay in the same job? Does the letter from employer cover this, by saying they still intend to employ you?

Should I assume these two issues aren't really relevant, at least not as far as having to prove them is concerned?

[geriatrix]

See also Tier2 & WP migrants - Technical changes to rules

Wait till 31-Oct. for more clarity on the issue.

[sarath1212]

See also Tier2 & WP migrants - Technical changes to rules

Wait till 31-Oct. for more clarity on the issue.

Here is the changes effective from 31st October........

http://www.ukba.homeoffice.gov.uk/sitec ... ment-t2-wp


From 31 October 2011, there will be further changes to the Immigration Rules. Work permit holders and Tier 2 migrants will need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This is in addition to the employer's confirmation.

From 31 October, any settlement application by a Tier 2 migrant or a work permit holder must include:

a payslip and a personal bank or building society statement; or
a payslip and a building society pass book.
If they do not provide this evidence, their application may be refused.

Before we amended the Immigration Rules in April to incorporate an income requirement for settlement, we conducted an equality impact assessment. You can find this in our Impact assessments section. The 31 October changes to the Rules are considered to be relatively minor and do not change that assessment. We will continue to have regard to the equality considerations of these changes, and will work to limit or mitigate, where possible, any adverse impact that is identified.

[Daphne_ZA]

Thanks for the info. I can supply recent payslips without any issues, as my salary has been increased with immediate effect, and my application will be in Jan 2012. So, I can product at least 3 payslips. My question has more to do with:

''Document(s) confirming that you have spent a continuous period of 5 years in the UK: as a work permit holder''

- Do I have to provide 5 P60's to show I have been working as a work permit holder for 5 years? Or, will the employers letter, with the 3 months payslips be ok?

I haven't changed employment, so the entire 5 years has been uninterrupted, and all with the same employer.