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Is photocopy of P45 acceptable for ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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diamond2013
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Is photocopy of P45 acceptable for ILR?

Post by diamond2013 » Fri Aug 23, 2013 9:42 pm

Hi,

I got 3 P45s in my 5 years qualifying period, but I lost one of the originals, though I found a photocopy of the same. I do have all the pay slips and P60s of 5 years. Is this something I should worry about? Should I ask HMRC to send me an employment history?

Regards
EM

newbie_2013
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Re: Is photocopy of P45 acceptable for ILR?

Post by newbie_2013 » Fri Aug 23, 2013 9:45 pm

diamond2013 wrote:Hi,

I got 3 P45s in my 5 years qualifying period, but I lost one of the originals, though I found a photocopy of the same. I do have all the pay slips and P60s of 5 years. Is this something I should worry about? Should I ask HMRC to send me an employment history?

Regards
EM
what visa you are on right now? and why do you think you need to submit p45? Are you showing your P45 as a document for your earning points?

diamond2013
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Post by diamond2013 » Fri Aug 23, 2013 9:45 pm

Just to add I am applying for ILR from Tier 1 (General)

diamond2013
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Post by diamond2013 » Fri Aug 23, 2013 9:50 pm

I am on Tier 1 (General). I have read many posts on this site that the case workers ask for P60 and P45 for the 5 years period, so I thought I should ask some experts here, since the case workers don't really accept photocopies of documents usually.

I have all the pay slips and P60 to prove my earnings though.

newbie_2013
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Post by newbie_2013 » Fri Aug 23, 2013 10:51 pm

diamond2013 wrote:I am on Tier 1 (General). I have read many posts on this site that the case workers ask for P60 and P45 for the 5 years period, so I thought I should ask some experts here, since the case workers don't really accept photocopies of documents usually.

I have all the pay slips and P60 to prove my earnings though.
For Tier1, there is no where mentioned that you need to provide payslips, p45, p60 for 5 years, etc. Moreover coseworkers don't 'ask' for documents anymore. The system has changed. You wont interact with caseworker anymore if you go to PEO appointment. You just need to submit all your documents and they will give the decision after a while.

Anyways, if you are really concerned that you need to submit the p45, p60, etc, just submit whatever you have (even photocopies). Or if you have the means to get the photocopies signed, then do it.

diamond2013
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Post by diamond2013 » Sat Aug 24, 2013 7:57 pm

ok thanks
anyway I have ordered my employment history from hmrc..

though I was on tier 1 throughout the 5 years period but I initially came here onsite from a company in India and stayed here 3 months but had to go back due to work and was absent for around 5 months but since then I am here in the UK.

Therefore I have around 140 days absence ( for which I need to get some evidence) in the first year but rest is fine, so I think I should have all the documents and hence my query.
It will helpful to know if anyone else had this kind of case.

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Post by geriatrix » Sun Aug 25, 2013 4:22 pm

P45?
Evidence for 140 days absence in a give year when applying for settlement as Tier 1 (General) migrant?

I strongly suggest that you read the policy guidance.
Life isn't fair, but you can be!

diamond2013
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Post by diamond2013 » Mon Aug 26, 2013 11:52 am

Thanks for your reply sushdmehta

I have read the links and I do understand that I don't really need to submit my P45 but I do need to give evidence as in the first year I did entered the UK after 15 days of my entry clearance of Tier 1(General) but I stayed here only for 3 months and then went back for almost 5 months but I was not paid in GBP but in INR.
The document says that I have to give evidence for any work related absence.
I cannot get a letter from the UK branch of my Indian company as I was here on deputation and I dont think my indian company will be ready to write any specific reason for why I was sent back to India for around 5 months.

So if I just ask them to give me a letter saying I was working with them from this date till this date and I was paid in INR as per the terms and conditions of the company. Do you think it will be enough?

Or if you think I have misunderstood the section about absenses please correct me.

Please advice.

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Post by geriatrix » Mon Aug 26, 2013 12:25 pm

diamond2013 wrote:The document says that I have to give evidence for any work related absence.
Where? Please quote .. from the document.
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diamond2013
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Post by diamond2013 » Mon Aug 26, 2013 12:38 pm

ON page 19 of the

Calculating continous period document:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


it says
Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason in the following categories:

WP etc

then on page 20

And the following sub categories of the points-based system
Tier 1 (General)
 Tier 2 (Intra-company transfer)
 Tier 2 (General)
 Tier 2 (Minister of religion)
 Tier 2 (Sportsperson)
 Tier 5 International Agreement (private servants in diplomatic households granted under rules in place before 6 April 2012 only).

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement.

Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.

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Post by Amber » Mon Aug 26, 2013 12:46 pm

Although the guide does indicate a need for evidence re; absences, if your absences are <180 days per 12 month period you shouldn't be quizzed or asked for a letter.
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Post by geriatrix » Mon Aug 26, 2013 12:54 pm

The document you refer to and quote from is to be used to understand "calculating continuous residence", and not for ascertaining what documentary evidences you are required to provide for absences when applying for settlement under the various immigration categories.

Read the "Tier 1 settlement policy guidance" for documentary evidences required when applying for settlement as a Tier 1 (General) migrant.

No wonder you are asking the wrong questions.
Last edited by geriatrix on Mon Aug 26, 2013 12:59 pm, edited 1 time in total.
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Post by Amber » Mon Aug 26, 2013 12:58 pm

I think that guide will divert you to the guide in which the OP is quoting, but I've never heard of the caseworkers asking for absence evidence, so long as the absence in each 12 months is <180 days, so there should be nothing to worry about.
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