ILR Application (HSMP and Tier 1 combo)

[ILRApplication01]

Hello members,

I am currently on Tier 1 General Migrant visa which was issued to me for 3 years in Nov 2009. I was on HSMP visa (2 years) before that. I can apply for my ILR application from first of Nov this year and I have booked the appointment for that.

I have got following questions regarding my application and I would appreciate if someone can help me out:

1) Which Category should I apply under: Section A > Tier 1 General or Section B > Highly Skilled Migrant on SET (O) form? As my first visa for my 5 period was Highly Skilled Migrant so I was thinking that this might be the suitable category for me but my friend who was in the similar situation had applied under Tier 1 category for his successful ILR application. Will there be any difference in the documents that I would need to submit?

2) I was outside of the Britain on annual paid leave for 179 days in last five years. I have calculated the number of days by excluding the date of departure and date of return, is that the correct way of calculating number of days for this purpose. I was working for the same employer during this time so I can ask them to produce a letter for me stating that I was in continuous employment and my salary was paid into my UK bank account.

3) Can I just submit bank statement and a letter from my employer stating the break down of last 12 months gross and net annual salary (could anyone provide template for this letter please) to fulfil the salary requirement? The reason I am quite hesitant about submitting pay slips is that there is a slight discrepancy between payslip date and the actual date the salary was credited to my bank account e.g. for Nov 2011 salary, the date (its called Process Date on my payslip) on the pay slip is 30/11/2011 but the money was credited to my account before that date (around 12th of that month). Same is true through out 2011 and when I brought this to my employer's attention, they said that it was the standard date that they put on the pay roll system to calculate the monthly payments. They have since then (from April 2012) changed the default date on the pay roll to 11th of every month but even then there were a couple of instances when the payment was credited to my account on the 9th. Is this something to be worried about or am I being too paranoid?

Thanks for your help in advance.

Best Regards

[GG2011]

1. Use Tier 1 (as it is your current status)
2. It is a correct way, and as you're within 180 days limit, the employer's letter is not required.
3. This one a bit strange - I suggest you use your P60s backed up by your bank statements to prove earnings.

[ILRApplication01]

Thanks for your reply GG2011!

regarding point 3, can I not submit employer letter with 12 months breakdown of my salary (I couldn't find suitable template, can someone post a link or directions on creating the letter) and my bank statements as they want to match the same information from two different sources? I'll submit the P60 but it only covers period until April 2012.

Has anyone else had the date discrepancy between the payslip date and the salary credit date?

Thanks.

[wpilr_nov12]

On your payslip question, I do not think it should be a problem, as long as you can reconcile your payslip against your bank statement.

In my own case, payslip dates are last working day of the month (eg 30/9/2012), but paid into my bank on 26 or before the month( eg 26/9/2012). So normally they are a few days apart.

[wpilr_nov12]

Thanks for your reply GG2011!

regarding point 3, can I not submit employer letter with 12 months breakdown of my salary (I couldn't find suitable template, can someone post a link or directions on creating the letter) and my bank statements as they want to match the same information from two different sources? I'll submit the P60 but it only covers period until April 2012.

Thanks.

You could include such letter showing summary table for clarity.

[linkers]

ILRApplication01:

For your question 3: you should be fine using pay slips and bank statements. The dates on the pay slips generally don't match with bank statements and the case workers are aware of it.

You need to provide 2 evidence to prove previous earnings which should be from different sources. So pay slips and bank statements are fine to use.

Most of my pay slips had different dates than bank statements and I didn't have any issues at the time of my ILR.

[ILRApplication01]

Thank you Linkers and wpilr_nov12 for your response, just to get a second opinion, are you guys agree with GG2011's response regarding point 2 and 3? Is it not the case that the earliest visa of the five year period should prevail?

[wpilr_nov12]

If you read the Immigration rules, section on ILR generally begins like this
(my narration) If you are currently in X category, and have previously held other eligible M, N, O or P categories... to make up 5 years....

So effectively you are applying under your current category, and that is what you would pick.

I think some cosmetic exceptions apply to HSMP JR but not in your case.

[ILRApplication01]

Thanks for your help. I'll apply under Tier 1 category.

I am finalising my application and may have some more questions which I'll post into this thread to avoid creating unnecessary new threads.

Regards.

[arifahmmed]

linkers and wpilr_nov12: Is p60 is requirement for Tier 1 route (I mean hsmp 2yr and tier1 3 yr) unless some one want to tied in with finencial year and show this as a income proof.

[linkers]

arifahmmed: P60 is not a requirement for Tier-1. I carried all my 5 years P60s but was never asked to provide any of those.

All you need is 2 proofs of earnings from different sources (a common combination for employed people is bank statements & pay slips).

Some case workers may ask for P60s but it's not a mandatory requirement so it's nice to keep them with you but only present if asked. (there is no harm in carrying these with you).