WP 1.5 yr + T1G 3.5 yr application: employer's letter

[redbuta]

Dear all,
I got my work permit during my PhD just before my thesis submission in Jul 2007. My WP visa started from early Jan 2008 and in June 2009 I changed it to T1 G. Now I'm applying for the ILR. Do I need a letter from my employer?

I've been with my university for more than 5 years. The only official letter they can provide will state that I started working for them since Aug 2007. Would this potentially be problematic? I had not submitted my thesis until Sept 2007, although I got the work permit letter (that post does not require PhD degree) in July.

Would this cause any complexity? Now the new SET(o) form requires evidence of paid annual leave etc. Otherwise I think letter from employer is not necessary?

Many thanks in advance guys!

[cs95tdg]

An employer letter is not a requirement, as I presume you will be applying for ILR as a T1G Migrant. You will however need to prove that you met the terms of your WP during the corresponding residence period, which can be done with your P60(s) along with you Work Permit.

[redbuta]

Thanks!

If my absence is below the 180 days and 90 days limitation, do I need employer to provide evidence of my work absence and annual leaves? This is all about the new SET(O) form section 6.

Also will my work between Aug and Dec 2007, when I got my work permit letter however was a PhD in submitting and waiting for viva stage, create some complexity to the case workers?

An employer letter is not a requirement, as I presume you will be applying for ILR as a T1G Migrant. You will however need to prove that you met the terms of your WP during the corresponding residence period, which can be done with your P60(s) along with you Work Permit.

[cs95tdg]

1) T1G applicants are not required to submit an employer letter for annual leave or business absences according to the new rules. However if you have absences due to serious or compelling compassionate reasons then you will need to submit a personal letter with evidence.

2) I'm not sure I know the answer to your second question, so it may be worth waiting for someone else to respond. What was your immigration status while you were doing your Phd? I.e. which would have covered the period you mention as Aug-Dec 2007? I presume your WP application was made in-country. When (date) was your leave to remain as a WP Holder granted?

[redbuta]

Thanks!

Regarding to 2), I was under student visa at that time, but has a work permit. The post was Research Associate which does not require PhD degree. My WP-LTR visa was granted 9th Jan 2008.

In Jul 2007, HR firstly got work permit letter from Home office, then they asked me for my undergraduate degree certificates (with translations), student visa etc. before gave me the contract to sign.

1) T1G applicants are not required to submit an employer letter for annual leave or business absences according to the new rules. However if you have absences due to serious or compelling compassionate reasons then you will need to submit a personal letter with evidence.

2) I'm not sure I know the answer to your second question, so it may be worth waiting for someone else to respond. What was your immigration status while you were doing your Phd? I.e. which would have covered the period you mention as Aug-Dec 2007? I presume your WP application was made in-country. When (date) was your leave to remain as a WP Holder granted?

[redbuta]

anyone know about 2)?

Many thanks!

[cs95tdg]

This is a summary of what I understand about your immigration history:

Student visa LTR granted until: xx / xxx / xxxx (I'm not asking for particulars as this is probably irrelevant to your ILR application as a economic migrant)
WP LTR granted in-country: 9th Jan 2008 (Have you been with the single employer throughout your time as a Student & WP Holder? Again probably irrelevant here, but would be clearer if you confirmed this.)
Switched from WP to T1G: xx Jun 2009

Therefore your ILR clock as a economic migrant began on 9th Jan 2008. I personally don't see any issue in the fact that you were working while studying (so long as it was according to the terms of the corresponding LTR grant) prior to this. They are independent of each other.

Your LTR as a WP Holder & T1G Migrant and corresponding residence is what will matter for your ILR application, IMHO.

[redbuta]

Yes, single employer throughout my time as a student & wp holder & T1 G

And the same university where I did my phd.

My only worry is UKBA saying something like "you shouldn't work more than 20hrs/week while waiting for your WP LTR, although you had your WP approved.", referring to my status in late 2007.

Don't know if a phd waiting for viva can work full time or not, since the "finish study" definition for phd students is not very clear.

This is a summary of what I understand about your immigration history:

Student visa LTR granted until: xx / xxx / xxxx (I'm not asking for particulars as this is probably irrelevant to your ILR application as a economic migrant)
WP LTR granted in-country: 9th Jan 2008 (Have you been with the single employer throughout your time as a Student & WP Holder? Again probably irrelevant here, but would be clearer if you confirmed this.)
Switched from WP to T1G: xx Jun 2009

Therefore your ILR clock as a economic migrant began on 9th Jan 2008. I personally don't see any issue in the fact that you were working while studying (so long as it was according to the terms of the corresponding LTR grant) prior to this. They are independent of each other.

Your LTR as a WP Holder & T1G Migrant and corresponding residence is what will matter for your ILR application, IMHO.

[cs95tdg]

My only worry is UKBA saying something like "you shouldn't work more than 20hrs/week while waiting for your WP LTR, although you had your WP approved.", referring to my status in late 2007.

Don't know if a phd waiting for viva can work full time or not, since the "finish study" definition for phd students is not very clear.

I'm afraid I can't comment on this particular aspect, as it would be tied to your LTR grant as student. I.e. if it stipulated a specific number of hours that you are allowed to work. Hence the reason for my comment in blue below.

I personally don't see any issue in the fact that you were working while studying (so long as it was according to the terms of the corresponding LTR grant) prior to this. They are independent of each other.

Note that according to my understanding you should not begin employment in the capacity of your new WP, until you are granted LTR for that WP (I.e. WP Approval does not equate to LTR as a WP holder). What's worrying you now appears to be that you think you may have breached the number of working hours allowed during your LTR as a student during the last four month period of 2007?

[redbuta]

That is correct, that is my major concern. Although there were around 10 PhDs I know (in different universities with different nationalities) doing the same thing around 2007/08. None of their HRs thought this was a problem.

The university HR did these things when applying for the work permit:
asked me for my undergraduate degree certificate with translation
asked me for my student visa photocopy
asked me for my home address in UK
asked me to provide references

After they got the work permit letter, they asked me to sign the contract and start working. The HR also ask me to get the PhD viva done and thesis hard copy submitted within 6 months to obtain a PhD pass prove letter for the LTR application or the work permit will expire.

So they were fully aware of my status. I assume university HR is good at these visa related things, but can't find any evidence to prove the legitimacy of that.

My only worry is UKBA saying something like "you shouldn't work more than 20hrs/week while waiting for your WP LTR, although you had your WP approved.", referring to my status in late 2007.

Don't know if a phd waiting for viva can work full time or not, since the "finish study" definition for phd students is not very clear.

I'm afraid I can't comment on this particular aspect, as it would be tied to your LTR grant as student. I.e. if it stipulated a specific number of hours that you are allowed to work. Hence the reason for my comment in blue below.

I personally don't see any issue in the fact that you were working while studying (so long as it was according to the terms of the corresponding LTR grant) prior to this. They are independent of each other.

Note that according to my understanding you should not begin employment in the capacity of your new WP, until you are granted LTR for that WP (I.e. WP Approval does not equate to LTR as a WP holder). What's worrying you now appears to be that you think you may have breached the number of working hours allowed during your LTR as a student during the last four month period of 2007?

[cs95tdg]

After they got the work permit letter, they asked me to sign the contract and start working. The HR also ask me to get the PhD viva done and thesis hard copy submitted within 6 months to obtain a PhD pass prove letter for the LTR application or the work permit will expire.

So they were fully aware of my status. I assume university HR is good at these visa related things, but can't find any evidence to prove the legitimacy of that.

Based on your explanation it does sound as if though they knew the immigration rules and procedure, as they went at length to take the necessary steps to apply for your WP. I suppose the only issue as you say, appears to be that you are not personally aware of the rules that would have applied to you at the time - i.e. proof that you met the terms of your LTR. Do you know how many hours you were allowed to work during your LTR as a student? And what the difference was between that and the hours you worked after signing your contract to begin work in the capacity of a WP Holder?

The steps that your university HR took are standard requirements for a WP application, I have been through the same before. I have also worked but in a full-time capacity (sandwich year), during part of my undergraduate studies, in the past with LTR as a student with permission to work - This application was done through the university but was over 10 years ago, so immigration rules have evolved and changed quite a bit since then. If you really want confirmation you may need to look at the terms associated with your student LTR grant (by either looking at the Home Office letter you received & or Visa Vignette/stamp in your passport or immigration rules (archive) at the time).

Based on what you have now explained, IMHO I don't believe this period you mention will be a problem for your ILR application, unless your & other universities were in the habit of breaking the rules unceremoniously when employing many of it's overseas students. (Though this is not impossible, as we have seen employers breaking the rules resulting in much stricter controls and penalties if caught now.)

[redbuta]

Many thanks cs95tdg!

I'll go through all the documents carefully.

When looking into my previous applications, including T1G initial application in 2009 and T1G extension in 2012, I discover that a starting date of Aug 2007 was mentioned in both of the employer's letters. And UKBA office seemed cool about them.

Maybe I'm just a bit overcautious.

After they got the work permit letter, they asked me to sign the contract and start working. The HR also ask me to get the PhD viva done and thesis hard copy submitted within 6 months to obtain a PhD pass prove letter for the LTR application or the work permit will expire.

So they were fully aware of my status. I assume university HR is good at these visa related things, but can't find any evidence to prove the legitimacy of that.

Based on your explanation it does sound as if though they knew the immigration rules and procedure, as they went at length to take the necessary steps to apply for your WP. I suppose the only issue as you say, appears to be that you are not personally aware of the rules that would have applied to you at the time - i.e. proof that you met the terms of your LTR. Do you know how many hours you were allowed to work during your LTR as a student? And what the difference was between that and the hours you worked after signing your contract to begin work in the capacity of a WP Holder?

The steps that your university HR took are standard requirements for a WP application, I have been through the same before. I have also worked but in a full-time capacity (sandwich year), during part of my undergraduate studies, in the past with LTR as a student with permission to work - This application was done through the university but was over 10 years ago, so immigration rules have evolved and changed quite a bit since then. If you really want confirmation you may need to look at the terms associated with your student LTR grant (by either looking at the Home Office letter you received & or Visa Vignette/stamp in your passport or immigration rules (archive) at the time).

Based on what you have now explained, IMHO I don't believe this period you mention will be a problem for your ILR application, unless your & other universities were in the habit of breaking the rules unceremoniously when employing many of it's overseas students. (Though this is not impossible, as we have seen employers breaking the rules resulting in much stricter controls and penalties if caught now.)