Expert attention needed plzzz

[remzy]

1. How do the ukba check out exit entry dates? Is it from our passport or from their own records. I requeated an SAR but ppl say it doesnt contain travel dates. So if it doesnt then is home office with holding information or do they not have it?

2. My 5 years is made of the following combination:

Aug2007-aug2009 workpermit
Aug2009-june 2010 tier 2
June 2010-july2010 tier 1
Aug2010-jan2011 tier 2
Jan2011-aug2012 tier 1

My question is what evidence do i provide that i was in line with the inmigration rules before my latest tier 1
Will the caseworker ask why i was on tier 1 for 1 month in 2010 ?

[cs95tdg]

1. How do the ukba check out exit entry dates? Is it from our passport or from their own records. I requeated an SAR but ppl say it doesnt contain travel dates. So if it doesnt then is home office with holding information or do they not have it?

See response under http://www.immigrationboards.com/viewtopic.php?t=104129

2. My 5 years is made of the following combination:

Aug2007-aug2009 workpermit
Aug2009-june 2010 tier 2
June 2010-july2010 tier 1
Aug2010-jan2011 tier 2
Jan2011-aug2012 tier 1

My question is what evidence do i provide that i was in line with the inmigration rules before my latest tier 1
Will the caseworker ask why i was on tier 1 for 1 month in 2010 ?

When you say you were on Tier 1, which category of Tier 1 were you on during the two periods you have mentioned below? Were they both the same Tier 1 category or different?:
June 2010-july2010 tier 1
Jan2011-aug2012 tier 1

[remzy]

Both were same category i.e. tier 1 general
How does that effect the ilr?

[remzy]

Basially im a doctor in the nhs.
When i first applied for a tier 1 general in 2010 my work had the condition of no employment as a doctor or dentist in training.
So to start of my job in aug 2010 i had to switch back to tier 2.
Later on in the year the tier 1 general route was gonna close so i applied and received tier 1 general in jan 2011 with same restriction as no employment as doctor or dentist in training.

[cs95tdg]

Basially im a doctor in the nhs.
When i first applied for a tier 1 general in 2010 my work had the condition of no employment as a doctor or dentist in training.
So to start of my job in aug 2010 i had to switch back to tier 2.

Ok, that clarifies what I couldn't understand from the brief outline you had posted before.

Later on in the year the tier 1 general route was gonna close so i applied and received tier 1 general in jan 2011 with same restriction as no employment as doctor or dentist in training.

This second statement clarifies that you switched immigration categories again before the Tier 1 General rules changed, which wasn't clear before.

Personally I think you will need a good cover letter to explain the various periods you've spent under each immigration category to make it clear for a CW. But if you meet all ILR requirements and can justify the reason for the unusual switching of immigration status throughout your residency period then you should be fine.

The question I have though is, if you are now a Tier 1 General migrant with a restriction stating that you cannot gain employment as doctor or dentist in training, have you changed employment so that these restrictions now no longer apply to you?

[remzy]

The tier 1 general i received Was on 21st jan 2011. At that time
I was in a training post so i informed my employer and they said they would change my job description and that i cud continue working. So till aug 2011 i continued with the same employer under the same job title
From aug 2012 im still with the same employer but on a different post to which training restrictions dont apply. Im currently still in tht post .

What proof will i need for that short period between jan 2011 and aug 2011 to say i complied with the restrictions

[cs95tdg]

The tier 1 general i received Was on 21st jan 2011. At that time I was in a training post so i informed my employer and they said they would change my job description and that i cud continue working. So till aug 2011 i continued with the same employer under the same job title.

From aug 2012 im still with the same employer but on a different post to which training restrictions dont apply. Im currently still in tht post .

What proof will i need for that short period between jan 2011 and aug 2011 to say i complied with the restrictions

If I've understood you correctly, what you are saying is that you have worked in two capacities while on your current Tier 1 General Migrant visa.

January 2011 - August 2011 = Doctor in Training
August 2011 - to present date = ??

I have to say it's not clear to me how a change in your job description alone for the first period would have made a difference in how the restrictions apply to you. However I may be wrong, so I will leave this one for someone else more knowledgeable on the subject to comment on. I also do not have an answer to your subsequent question as it is closely associated with the above.

I would advice that you refer to 245CB under
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/ & the associated Immigration rules to ensure that your current employment is in full compliance.

I am confused as to why you did not continue to remain employed as a Tier 2 Migrant without switching to a Tier 1 General Migrant visa which has restrictions imposed on your particular line of employment. It would have been a much simpler and straighforward application had that been the case.

[remzy]

Aug2011-aug2011 = clinical fellow - this is a trust grade job which is allowed under tier 1 .

How ever the jan 2011 - aug 2011 = change in job description. So instead of a training job, it was a simple SHO job

My question is what shud i provide in evidence for the jan 2011 to aug 2011 part. Will p60s, bank statements be enough?

[geriatrix]

There is no need to explain the switching. It is the applicant's choice why and when he wants to switch.

That said, SHO is a training post but Trust SHO is not. So, the question is whether you were a SHO or a Trust SHO?

What post(s) have you been working on since Aug '11?

[remzy]

Sushdmehta:

Really?

Does my stay on 1 month tier 1 not Make the path to ilr confusing?
Am worried now

[geriatrix]

I was hoping the answer would give you a sense of relief, but you say you are now worried!

How does it make it confusing? Both categories lead to settlement and you switched because the rules allow you to switch.

Where in the immigration rules is it written that an applicant must or cannot switch within a UKBA defined time-frame? You are not the only doctor who's had to switch between immigration categories in their path to settlement because of the "no employment as a doctor/dentist in training" restriction.

[remzy]

I meant ur answer has relived my worry .. The confusing bit was because of the change in job description after jan 2011. If asked, i wudnt know how to prove that period was in line with immigration rules as i have no evidence.

[remzy]

And since august 2011 ive been a clinical fellow which assured is a trust grade job .

[remzy]

And i was a general surgery sho in jan 11- aug11
From aug 10- jan11 i was a core trainee 2

[geriatrix]

Jan2011-aug2012 tier 1

i applied and received tier 1 general in jan 2011 with same restriction as no employment as doctor or dentist in training.

And i was a general surgery sho in jan 11- aug11

Like I said before, SHO is a training post. Are you sure you were employed as an SHO and not "Trust SHO"? If so, then you were in breach of immigration rules during this period.

Do you the contract of employment - for this SHO job? Suggest that you read it carefully and see if it makes a definitive statement about the post being "non-training post".

[remzy]

Im confused as to how to
Present this to the case worker

What jobs u were doing or do they just want
To know whether ur financially active?

[cs95tdg]

Since the contract of employment was given at the start of aug 2010 it states that it is a training post.

However the post consists of two rotations

Urology aug 2010 to jan 2011
General surgery feb 2011 to aug 2011

It is only after i got a tier 1 general
In jan 2011 that i informed my employer and they said i could comtinue work as the genral surgery sho and they wud change my job description

Im confused as to how to
Present this to the case worker

The only way I know of is to supply your employment contract which would need to clearly state your post & whether or not it was a training post (i.e. if there is any doubt as to whether the second rotation you mention could be interpreted as a such).
The problem that I see here, is the statement underlined above. Did you receive a second contract of employment when your rotation changed to a non-training one?

Will/ do caseworkers ask about employment details in the last 5 years ..as in
What jobs u were doing or do they just want
To know whether ur financially active?

They will look at whether you were financially active in the UK during your residency period (FYI: You need not be in employed during your entire residency period to qualify for ILR), but thats not all that they will look at.
While the PBS assessment for ILR is based on your last year of employment (during the 15 months prior to your application), the UKBA will verify that you have not breached any immigration rules that applied to you during your 5 year residency period.

If i was in breach of the rules then surely the hospital wudnt have allowed me to work right?

It is true that your employer shouldn't let you work in a capacity not allowed based on your immigration status. However both employer and employee have a responsibility to ensure that they are not in breach of the rules.

Hopefully this can be resolved by verifying what is stated in your employment contract during the period in question.

[geriatrix]

Whether your job description was changed or not is not the issue at hand. But whether such a job description change translated in you becoming a Trust SHO ... from a SHO. And as already mentioned, you should have received a new contract to sign for the Trust SHO posting.

I'll be surprised if for a applicant whose occupation is a doctor / dentist that the caseworker doesn't check whether the applicant was indeed complying with the restrictions during his/her stay in the UK as a Tier 1 (General) migrant.

[geriatrix]

And the reason for deleting your opening post (now re-instated) after receiving the answers you wanted is ......?