ILR - Work permit

[saat2]

First of all I must say it is a very informative forum.

I have a small issue on hand and need your valuable comments. I am on 5 years old Work permit visa and very soon going to apply for ILR. The issue I have is my wife who is on dependant visa worked as Sole Prop for 3 years and then switched to form a Ltd Company. She is the only director and employee in the company. She is earning way more than me and also contributes in our monthly budget because of which we have manage to move in a high rent flat which otherwise we would not have afforded solely on my salary.

Now the question is how will I justify in Set O form about my finances and expenses. Can I show that my wife assists me? If yes then what all documents for her as a Director of a Ltd company should I gather and any other valuable information I need to be aware of while applying?

Many thanks in advance.

[geriatrix]

Where does the SET(O) form asks you to "justify" anything with respect to income / finances / expenses? It only asks you to state some facts - in response to questions in the form.
Where does it say that if a WP dependant earns more than the WP migrant, the WP migrant (and any named dependant) will have their settlement application refused?
Where does the SET(O) form asks for documentary evidences from the dependant?

[saat2]

Thanks for your reply susdmehta

But does it not ask for finance aspect as to how much rent you are paying, do you get money from your relatives/spouse, etc? So in that case will I not have to show that my wife is also earning and she is also going to support me and therefore I need to provide evidence?

[geriatrix]

Suggest that you read the SET(O) form and associated guidance carefully, and not jump to your own assumptions.

[geriatrix]

I am recently going to apply for my ILR under old Work Permit for 5 years. For the last 4 years my employer have paid me less than what is stated on my WP certificate i.e. £28,000 per year. But for the last 12 months they agreed to increase it above what is mentioned for SOC code i.e. around £30,000 per year.

Now my issue is I have to submit last 5 years P60 and the last 4 years is going to show my salary way below £28,000. What should I do to cover my self? I have latest 12 months salary slip which will show salary above £30,000 . Should I not submit my P60 or salary slips for last 4 years and hope for best?

Please advice.

Thanks

[geriatrix]

You may be fine if the caseworker doesn't look for evidences whether you were paid in accordance with the issued WP, and only concentrates on your present circumstances.

There is nothing else you can do, IMHO.

[saat2]

You may be fine if the caseworker doesn't look for evidences whether you were paid in accordance with the issued WP, and only concentrates on your present circumstances.

There is nothing else you can do, IMHO.

Thanks for the information.

But if he asks why I was paid less what reason can I give? Do I need a letter from my employer explaining as to why they paid me less (I know they were struggling to keep the business running)?

Thanks

[geriatrix]

If your employer was struggling to run his business for the last 5 years, did he ever inform UKBA of his inability to pay sponsored employees the salary that he "certified" he will pay?
You may attempt to make any excuse to justify the situation, it is up to the caseworker whether or not to take that into account.

Though paying a sponsored employee is an employer's responsibility, that you were aware of being underpaid for last 5 years may have an influence.

[saat2]

If your employer was struggling to run his business for the last 5 years, did he ever inform UKBA of his inability to pay sponsored employees the salary that he "certified" he will pay?
You may attempt to make any excuse to justify the situation, it is up to the caseworker whether or not to take that into account.

Though paying a sponsored employee is an employer's responsibility, that you were aware of being underpaid for last 5 years may have an influence.

No my employer did not inform UKBA.

So what I have understood is if I show only the last 12 months pay slips and hope he is not going to ask for last 5 years details then I may be fine and if not then I may be in a big problem.

[quantum1]

I think its better to provide all evidences. Otherwise you might be accused of not disclosing material facts and that will have serious consequences for your application. Personally I do not think its a big deal that the company paid you less than they declared. That is btwn them and UKBA. I cant see how it could impact you

[selpouv78]

i do not think you need to inform UKBA if there is any change which 10% more or less than the agreed rate of pay.

[saat2]

Thanks to you all.

I think I will take all my last 5 years salary slip and provide that and hope for best.

[Heisgood]

Thanks to you all.

I think I will take all my last 5 years salary slip and provide that and hope for best.

Saat2 you stated,
"Now my issue is I have to submit last 5 years P60"

Just to add for you and other WP holders that there is no requirement listed at present indicating a work permit holder has to submit 5yrs p60 as a mandatory requirement for ilr. This is just used as an added extra as some case workers don't know their jobs and they asked for anything on the day. I had two p60's as I could not locate the last 3 they never asked anything about p60. If you have it carry it as backup documentation if not then I suggest you carry a printed copy of their guidance with you an indicate you prepared your application based on their GUIDIANCE updated in October 2012.
The guidance is below - The Immigration Rules were last updated in October 2012.
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

[brij4134]

Thanks to you all.

I think I will take all my last 5 years salary slip and provide that and hope for best.

Saat2 you stated,
"Now my issue is I have to submit last 5 years P60"

Just to add for you and other WP holders that there is no requirement listed at present indicating a work permit holder has to submit 5yrs p60 as a mandatory requirement for ilr. This is just used as an added extra as some case workers don't know their jobs and they asked for anything on the day. I had two p60's as I could not locate the last 3 they never asked anything about p60. If you have it carry it as backup documentation if not then I suggest you carry a printed copy of their guidance with you an indicate you prepared your application based on their GUIDIANCE updated in October 2012.
The guidance is below - The Immigration Rules were last updated in October 2012.
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Hi Heisgood
Your comment is absolutely right but when case worker asked any document you cannot refuse him to provide. I had appointment on 1st November at Croydon and submitted only P60 for year 2011-2012. But he asked me about all old P60s as well which I gave him with photocopy. So you never know what additional documents they can ask and I advise to have all back up documents at the time of appointment.
Hope this help.
Brij

[saat2]

Thanks for all the guidance.

I have now prepared my application and soon will be going to PEO next week with a solicitor.

Documents I will taking are:-

1. Completed Set (O) form along with passports and 2 photographs for me and 3 dependant.
2. Me and my wife Life in UK test pass certificate
3. My last 12 months pay slips. (I will be carrying last 5 years pay slip but will only provide if asked)
4. My employer letter and also a letter for my absences (110 days in total of which 69 days were related to work).
5. Me and my wife joint bank statement for last 2 years.
6. Last 5 years council bill
7. My wife personal bank account for last 12 months in which she receives her Director's salary and dividends.
8. My wife's accountant reference letter
9. My wife's last 12 months salary slip and dividend vouchers
10. Also letter from past 3 years from HMRC issued in her name.
11. Last 4 years tenancy agreement in my and my wife's name.

Is there anything else I should carry just in case I have missed?

Thanks for all your support.

[wpilr_nov12]

I had 3 packs:
1. Application pack - forms, passport, photos, 12 mth payslip, 12 mth bank statement, employer letter, LIUK, WP letter. + Photocopies

2. All cohab related docs - in 3 subpacks - My name only, dependent name only, and Joint name only + Photocopies

3. Misc _ as backup. + Photocopies.

Organization is the key. You dont want to be fumbling with tonnes of paper.

[wpilr_nov12]

Also, was your wife allowed to setup and run own business as a work permit dependent? Mine was not .

[Heisgood]

Also, was your wife allowed to setup and run own business as a work permit dependent? Mine was not .

Agreed with wpilr_nov12. There is conflicting views on if wp dependants can run their own business. I suggest you should place all those things in a separate bag relating to your wife. The Officer will be looking at your application not your wife circumstances. In my case I carried what is mandatory ie marriage cert ,LIUK test document and backup co-hab docs in her name. All the best.

[saat2]

Also, was your wife allowed to setup and run own business as a work permit dependent? Mine was not .

On her passport there is no restrictions except "No recourse to public fund" and also on UKBA website it clearly mentions that dependent is free to engage in any employment or business related activity.

Please someone clarify?

[wpilr_nov12]

Dependents finances are not a requirement under set o application. So be wise and don't bring it up yourself at the PEO.

[saat2]

Dependents finances are not a requirement under set o application. So be wise and don't bring it up yourself at the PEO.

If it is allowed then why not. Also her HMRC letter are for proof of cohab.

Is there anyone whose wp dependent was running a company and had no issues.

[saat2]

Also, was your wife allowed to setup and run own business as a work permit dependent? Mine was not .

How did you find out that she was not allowed to run a business?

Thanks

[wpilr_nov12]

Also, was your wife allowed to setup and run own business as a work permit dependent? Mine was not .

How did you find out that she was not allowed to run a business?

Thanks

Read something to that effect when visa granted overseas. It was a leaflet at the local British Embassy. Sorry don't have it now.

You may be entirely OK. And I could be entirely wrong. And I would rather be wrong.

[saat2]

Also, was your wife allowed to setup and run own business as a work permit dependent? Mine was not .

How did you find out that she was not allowed to run a business?

Thanks

Read something to that effect when visa granted overseas. It was a leaflet at the local British Embassy. Sorry don't have it now.

You may be entirely OK. And I could be entirely wrong. And I would rather be wrong.

I don't have any other option left but to go in what I have.

Thanks for your information anyway.

Just pray for me.

[saat2]

I got my ILR today at PEO. All done in 2 hours from start to finish.

Thanks for all the help and support.