Indefinite leave to Remain for Domestic Worker

[s3agull]

Hello,

I'm working as a Domestic Worker here for almost five years now, very fortunate to have a good employer who are treating me as family member as well.

I'm due to apply for ILR by May. The question is regarding changes in policy they are applying now which requires for payslip and bank statement.

I can provide bank statement since my employer send my pay every end of the month to my bank. The problem is I don't have a payslip. I did not know I will need it because I receive the same pay every end of the month to my bank anyway.

How could I produce payslip? I never have one in my entire life to be honest. So, can I just ask my employer to provide me a payslip every month? Is it just some form of paper that state my pay and I sign it? Can anyone here please tell me how it should be looks like? Please help, I don't want to have any problem when I send my application.

Many thanks

[grahamw48]

Your employer can buy pre-printed payslips from any stationary store, and then just fill out the details on as many forms as you need.

I just hope he/they have been paying tax and national insurance for you, if appropriate. :doh

If worse comes to worst, a letter from your employer giving full details of your salary (and copy of employment contract) will probably satisfy the authorities.

Certainly not an insurmountable problem. :)

Don't be afraid to ring UKBA and ask them exactly what they require.

[joebloggs]

i take it you've been to the UKBA website ?

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/othercategories/domesticworkers/settlement/

To qualify for settlement in the UK as a domestic worker, you must:

have been living here legally for the last 5 years;
currently have permission to stay here as a domestic worker;
have been in the UK as a full-time domestic worker throughout the 5 years;
have maintained and accommodated yourself and any dependants without the use of public funds throughout the 5 years; and
have sufficient knowledge of language and life in the UK.

To apply for settlement, you must use application form SET(O).

have you taken the 'life in uk' test yet ?

also

Evidence of employment

You should provide recent documents from your employer confirming that you are still needed and that your employment within them is continuing.

[RickyR]

Good luck with everything, after 5 years working hard in the UK, you definately deserve the ILR.

As has been said above, your employer can produce payslips or letters for you. And if you have bank statements showing deposits you will be fine.
As for tax, your employer should have been paying this.

[Rosie1958]

Good luck with everything, after 5 years working hard in the UK, you definately deserve the ILR.

As has been said above, your employer can produce payslips or letters for you. And if you have bank statements showing deposits you will be fine.
As for tax, your employer should have been paying this.

Hmmmm ........ the liability for payment of Income Tax will depend on the terms of "employment". Some employers try and insist that their workers are self employed and therefore responsible for payment of their own tax. S3agull, since payslips are not being received, I think that this point is worth clarifiying with your "employer" to avoid any future misunderstanding with HM Revenue and Customs.

Generally, those who are resident with permission to work in the UK who are under 65 would usually qualify for a personal allowance of £7475 for 2011/12 and any income over this amount would then be taxable at the basic tax rate. If you do earn over £7475 per year and you are not having tax deducted at source (in which case a payslip and an end of year P60 Tax Deduction Certificate should be provided by your employer) then you may have to declare your earnings through the self assessment process used by the self employed workforce.

[Terpe]

Hello s3agull, welcome to the forum and a happy new year to you.

If you haven't already done so please review the UKBA webpage How can I settle in the UK as a domestic worker? (http://www.ukba.homeoffice.gov.uk/visas-immigration/working/othercategories/domesticworkers/extending)


You will need to complete application Form SET(O) here (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/forseto04091.pdf)

Here are the SET(O) Guidance Notes (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/guidseto04091.pdf)


Looking at the application Form SET(O), your circumstances appear to meet those of Documents - section 10C

In which case it looks as though you will not need to provide pay slips provided your employer can supply a letter in line with Note 7

Note 7 For private servants in a diplomatic household or domestic workers in a private household, if you do not have payslips or a bank account to confirm employment over the last 5 years, you should submit an employer’s letter confirming that they are responsible for your accommodation, food and other living costs.

The UKBA suggest you consider supplying "Evidence of your finances such as bank statements, building society savings book(s), pay slips or other formal documents as evidence of your ability to maintain and accommodate yourself and any dependants without recourse to public funds."
So it seems that in your case 'other' evidence is well accepted.
If by any chance you have any confimations from HMRC (Tax office) such as P60 etc, then this would also be helpful.

Finally s3agull, dont forget you will also need to supply a Life in the UK test pass notification letter

Hope this helps you.

If you have any follow-up question just post here. Plenty of people looking forward to helping

[RickyR]

Hmmmm ........ the liability for payment of Income Tax will depend on the terms of "employment". Some employers try and insist that their workers are self employed and therefore responsible for payment of their own tax. S3agull, since payslips are not being received, I think that this point is worth clarifiying with your "employer" to avoid any future misunderstanding with HM Revenue and Customs.

Generally, those who are resident with permission to work in the UK who are under 65 would usually qualify for a personal allowance of £7475 for 2011/12 and any income over this amount would then be taxable at the basic tax rate. If you do earn over £7475 per year and you are not having tax deducted at source (in which case a payslip and an end of year P60 Tax Deduction Certificate should be provided by your employer) then you may have to declare your earnings through the self assessment process used by the self employed workforce.

I've heard of that very situation Rosie, although technically its illegal.... ~Hopefully she has a good employer.

[Rosie1958]

I've heard of that very situation Rosie, although technically its illegal.... ~Hopefully she has a good employer.

Ricky, unfortunately, whilst working for the Inland Revenue I came across this too many times and it is appreciated that tackling it may put the "employee" in a very awkward situation. Like you, I do hope that this "employer" is doing things responsibily and not taking advantage.

Some valuable information posted by Terpe in post #6 above :xxgrinning--00xx3: which will hopefully be very helpful to S3agall

[RickyR]

A certain irish airline makes all its flight crew setup limited companies and employs the companies to avoid the same situation, I've no idea how they get away with it...

[grahamw48]

Many thousands of 'Sales Agents' are put in a similar position, although really they are working full-time for one 'employer'....and not permitted to work for anyone else.

Double glazing sales people for instance.

[Terpe]

For what it's worth here is what HMRC say about Employment Status

Employment status (http://www.hmrc.gov.uk/employment-status/index.htm#1)

When I worked for HMRC it was the cause of plenty of troubles, especially for workers within the construction industry

Well, it might help somebody.

PS: there are some useful links on contracts down the page too

[Arthur Little]

:) Hello, there ... Happy New Year! :welcomex: to this friendly site, WHERE - as you've seen already - you'll always find fellow members who are keen to draw from a wealth of knowledge and/or personal experience to help others in all sorts of situations.

Goodluck with your ILR. :xxgrinning--00xx3:

[grahamw48]

Ref. 'employment status'.

Nice to see they've left the rules as 'wooly' and open to interpretation as possible, so leading to numerous loopholes being left to be exploited by the side with the best lawyer. :rolleyes:

[Dedworth]

A certain irish airline makes all its flight crew setup limited companies and employs the companies to avoid the same situation, I've no idea how they get away with it...

Thats a disgrace - is it UK based flight crew Ricky ?

HMRC are casting their beedy eye (not before time) over Premiership footballers

http://www.google.com/hostednews/ukpress/article/ALeqM5gYbKYcktc83VPAZCRw9aUe8QkQPQ?docId=N0731141325370012277A


Premier League footballers and their clubs are being investigated by the taxman over "secret perks" enjoyed by players and their families, it has been reported.

Investigators from Her Majesty's Revenue and Customs (HMRC) have interviewed finance directors at Britain's richest clubs to find out about soccer players' benefits, according to the Mail on Sunday.

HMRC refused to confirm the investigation but it was reported they have been asking for details of free holidays, luxury accommodation and other gifts.

The information will be checked against players' tax returns to see whether players could be liable for any unpaid tax or if clubs may have to make additional National Insurance contributions, the newspaper added.

It quoted a source as saying: "We are not talking about a few low-cost gifts. These people are multi-millionaires.