Tier 2 General to ILR(5 Year Route)

[sam79]

Hi,

I am eligible for ILR from 19th July 2017 on Tier 2 General - 5 year route with sal of 38K/annum.

Originally,
I got my first Tier -2 general visa on 16th Aug 2012 and I worked with that employer "X" for 2 years until June 2014.
Later I switched to another employer "Y" in July 2014 and worked with same employer for 2.5 years
Now, very recently on 1st march 2017 I moved to another employer "Z" and still working with him.

But,
1.) When resigned from employer "Y" on 26th Feb 2017, he is not at all happy with my resignation and didn't paid me any salary for "Feb 2017" month. Because of that I have a missing payslip for entire month before moving the new employer.
2.)Also, Employer "Y" didn't provide me with P45 even after continuous requests from last 3 months. I have called HMRC regarding P45 and they said they can't help with this issue as P45 can only be generated by the employer.

Please can someone advice if missing P45 and missing salary for one complete month is a issue for ILR ?

[makky86]

Hi,

I am eligible for ILR from 19th July 2017 on Tier 2 General - 5 year route with sal of 38K/annum.

Originally,
I got my first Tier -2 general visa on 16th Aug 2012 and I worked with that employer "X" for 2 years until June 2014.
Later I switched to another employer "Y" in July 2014 and worked with same employer for 2.5 years
Now, very recently on 1st march 2017 I moved to another employer "Z" and still working with him.

But,
1.) When resigned from employer "Y" on 26th Feb 2017, he is not at all happy with my resignation and didn't paid me any salary for "Feb 2017" month. Because of that I have a missing payslip for entire month before moving the new employer.
2.)Also, Employer "Y" didn't provide me with P45 even after continuous requests from last 3 months. I have called HMRC regarding P45 and they said they can't help with this issue as P45 can only be generated by the employer.

Please can someone advice if missing P45 and missing salary for one complete month is a issue for ILR ?

1.) When resigned from employer "Y" on 26th Feb 2017, he is not at all happy with my resignation and didn't paid me any salary for "Feb 2017" month. Because of that I have a missing payslip for entire month before moving the new employer.

This is illegal. Why didn't you report it to Police at that time.


2.)Also, Employer "Y" didn't provide me with P45 even after continuous requests from last 3 months. I have called HMRC regarding P45 and they said they can't help with this issue as P45 can only be generated by the employer.


https://www.gov.uk/paye-forms-p45-p60-p11d/p45

By law your employer must give you a P45 - ask them for one.

This is illegal again. You should have done something at that time.

normally p45 is not required for ILR

but wait for the expoerts view.

[sam79]

Thanks for the reply.

Now, I am bit relaxed to know that P45 is not an important document for ILR.

Also, at that time I am not aware that I can raise a police complaint.

I tried my very best and still trying to get P45 but he is playing fool.

Initially for the first 2 months he kept on saying that accounts are looking into it and some other fairy tales. Now recently from past 2 weeks he is pretending that he has posted my P45 two weeks ago. When I asked for dispatch date, postal address and tracking reference and other details he is not providing that information.

My biggest worry is that to know how that one month unpaid salary and P45 would affect my ILR.
Does any one of you know if there are chances to get rejection because of one month unpaid salary.

[makky86]

Thanks for the reply.

Now, I am bit relaxed to know that P45 is not an important document for ILR.

Also, at that time I am not aware that I can raise a police complaint.

I tried my very best and still trying to get P45 but he is playing fool.

Initially for the first 2 months he kept on saying that accounts are looking into it and some other fairy tales. Now recently from past 2 weeks he is pretending that he has posted my P45 two weeks ago. When I asked for dispatch date, postal address and tracking reference and other details he is not providing that information.

My biggest worry is that to know how that one month unpaid salary and P45 would affect my ILR.
Does any one of you know if there are chances to get rejection because of one month unpaid salary.

I am not sure how much it will impact but ideally it is not your fault it was the company fault. Its quite possible that they might get visit from Home office for not paying you. I wouldn't worry but please wait for another senior members.

[sam79]

Thanks for the reply.

Now, I am bit relaxed to know that P45 is not an important document for ILR.

Also, at that time I am not aware that I can raise a police complaint.

I tried my very best and still trying to get P45 but he is playing fool.

Initially for the first 2 months he kept on saying that accounts are looking into it and some other fairy tales. Now recently from past 2 weeks he is pretending that he has posted my P45 two weeks ago. When I asked for dispatch date, postal address and tracking reference and other details he is not providing that information.

My biggest worry is that to know how that one month unpaid salary and P45 would affect my ILR.
Does any one of you know if there are chances to get rejection because of one month unpaid salary.

I am not sure how much it will impact but ideally it is not your fault it was the company fault. Its quite possible that they might get visit from Home office for not paying you. I wouldn't worry but please wait for another senior members.

muhdkhokhar - Many thanks for the reply. I really appreciate.
Will wait to see if any expert knows better

[sam79]

Hi Guys,

Still waiting for further advice's ? please can any expert reply to my doubts

[zimba]

As far as I know you need only the most recent payslip from your current employer for ILR plus the other letters such as absences.
Have you had less than 60 days gaps between your sponsor changes ???

Your ex-employer is breaking the law and you should demand him to resolve the dispute asap or take him to an employment tribunal which he will certainly lose. More: https://www.citizensadvice.org.uk/work/ ... tribunals/

Also I suggest to report their failing to pay as a sponsor to Home Office, so remind them that their sponsorship license can be revoked.
See: https://www.gov.uk/report-immigration-crime

[makky86]

As far as I know you need only the most recent payslip from your current employer for ILR plus the other letters such as absences.
Have you had less than 60 days gaps between your sponsor changes ???

Your ex-employer is breaking the law and you should demand him to resolve the dispute asap or take him to an employment tribunal which he will certainly lose. More: https://www.citizensadvice.org.uk/work/ ... tribunals/

Also I suggest to report their failing to pay as a sponsor to Home Office, so remind them that their sponsorship license can be revoked.
See: https://www.gov.uk/report-immigration-crime

I second that. How come such employers can do that?
He should be dragged into court and pay 10x more than his single month pay

[sam79]

As far as I know you need only the most recent payslip from your current employer for ILR plus the other letters such as absences.
Have you had less than 60 days gaps between your sponsor changes ???

Your ex-employer is breaking the law and you should demand him to resolve the dispute asap or take him to an employment tribunal which he will certainly lose. More: https://www.citizensadvice.org.uk/work/ ... tribunals/

Also I suggest to report their failing to pay as a sponsor to Home Office, so remind them that their sponsorship license can be revoked.
See: https://www.gov.uk/report-immigration-crime

Yes, it is less than 60 days. I finished with ex-employer on 27th Feb 2017 and joined new employer on 2nd Mar 2017. Since he is not giving me P45 upon continuous requests from past 3 months I requested for "Statement of earnings" from HRMC and I could see on the statement that my last working date has been updated as 1st March with ex-employer.

I too agree, he is not at all following law, similar to me some of my colleagues also didn't receive salary for few months last year. On top that, he doesn't provide payslips correctly to employees every month.

After I left I heard that home office visited him for compliance audit and suspended his license for discrepancies in P60's.

Since i am employed with him legally for the month of Feb, Now when I submit my ILR application, I am very scared if UKBA question/query me for the reason why I didn't pay tax for that month. I could explain all this but I have no evidence to support my argument because that employer is not even giving me P45.

[zimba]

There is no UKBA, it is Home office. Secondly you are not responsible to pay taxes under PAYE it is his responsibility. I believe he paid the taxes just didn't pay the salary to you as HMRC has the correct final working day which means there was an FPS submission, requiring him to pay all taxes.
You must follow the advice and take him to tribunal if he refuses to pay the salary. I do not think this has any effect on your ILR at all.

[sam79]

There is no UKBA, it is Home office. Secondly you are not responsible to pay taxes under PAYE it is his responsibility. I believe he paid the taxes just didn't pay the salary to you as HMRC has the correct final working day which means there was an FPS submission, requiring him to pay all taxes.
You must follow the advice and take him to tribunal if he refuses to pay the salary. I do not think this has any effect on your ILR at all.

Def will raise a complaint against him.

Sorry for my ignorance what does FPS stands for ?
Thanks very much for the clarification I can make ILR application with less tension now. Many Thanks.

[zimba]

Full-payment submission (FPS) is the Payroll information your employer submits to HMRC each month through software, reporting salary paid, outstanding taxes as well as any starter/leavers.

[gratefulhart]

When I had my premium appointment for ILR (May 2017), I was asked for P45 as I changed employer about 2 months before my ILR. The case officer told me she needed my P45 to confirm that the gap between employments was not up to 60 days.

She wanted to put my application on hold but fortunately I had the following documents with me:
1. P60 which I received from my former employer less than a month after leaving the company (last working day was end of March)
2. My recent bank statement which showed I was paid for the last 10 days I worked with my former employer (had an overlap cos I utilised my holiday)
3.The letter of absences I got from my former employer few days before I resigned which indicated clearly that I was still employed with the company then.
When I showed her all these documents, she was able to confirm that I did not have gaps between the 2 jobs.

I will therefore advise the OP to go with as many proofs as possible to confirm that he/she did not have more than 60 days gaps between employments.

[zimba]

UKVI has access to HMRC data. The P45 evidence usually is requested when they cannot locate your data from HMRC.

[bbreddy]

When I had my premium appointment for ILR (May 2017), I was asked for P45 as I changed employer about 2 months before my ILR. The case officer told me she needed my P45 to confirm that the gap between employments was not up to 60 days.

She wanted to put my application on hold but fortunately I had the following documents with me:
1. P60 which I received from my former employer less than a month after leaving the company (last working day was end of March)
2. My recent bank statement which showed I was paid for the last 10 days I worked with my former employer (had an overlap cos I utilised my holiday)
3.The letter of absences I got from my former employer few days before I resigned which indicated clearly that I was still employed with the company then.
When I showed her all these documents, she was able to confirm that I did not have gaps between the 2 jobs.

I will therefore advise the OP to go with as many proofs as possible to confirm that he/she did not have more than 60 days gaps between employments.

I Hope the gap you are referring to in the above is the gap between the last day of work with previous employer and the date of successful new application with the new sponsor i.e. not the actual date of joining. Correct?

My understanding is that: 60 days rule is based on the date of new application (and not the joining date)?

[zimba]

60 days is between your last day at the first job and the date of your NEW application

[sam79]

When I had my premium appointment for ILR (May 2017), I was asked for P45 as I changed employer about 2 months before my ILR. The case officer told me she needed my P45 to confirm that the gap between employments was not up to 60 days.

She wanted to put my application on hold but fortunately I had the following documents with me:
1. P60 which I received from my former employer less than a month after leaving the company (last working day was end of March)
2. My recent bank statement which showed I was paid for the last 10 days I worked with my former employer (had an overlap cos I utilised my holiday)
3.The letter of absences I got from my former employer few days before I resigned which indicated clearly that I was still employed with the company then.
When I showed her all these documents, she was able to confirm that I did not have gaps between the 2 jobs.

I will therefore advise the OP to go with as many proofs as possible to confirm that he/she did not have more than 60 days gaps between employments.

Thanks for the information "gratefulhart".
If possible can you please provide me "The letter of Absences" format so i can use for my ILR