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Annual earnings less than ILR cut off (36k)

Posted: Tue Nov 05, 2019 2:37 pm
by chaitu86
Hi Experts ,

I am planning to apply for ILR next month(after 5 year on Tier 2 Gen) and I have few queries regarding the total earnings for few years in this 5 year period. PFB the details of 5 years with the corresponding earnings(as per HMRC employment history) :

2014- 15 --> 54k
2015 -16 -> 27K (Here there is a gap of 7 months where I had to travel back to India on pay roll transfer and was paid in India for those 7 months. I am applying for ILR by splitting that gap in to two consecutive years)
2016 -17 --> 45k
2017-18 --> 27K (Here I moved to a new company and there was a break in employment for 4 months where I was not earning. I haven't received any curtailment letter, got the sponsorship in 2 months and was on payroll after 2 month, hence no earnings for 4 months)
2018 - 19 --> 40k

would like to know whether this is going impact my ILR ?
Can I submit this HMRC letter or P60s which clearly this less income ?

Appreciate your valuable suggestions.

Regards,
Chaitu

Re: Annual earnings less than ILR cut off (36k)

Posted: Tue Nov 05, 2019 3:35 pm
by zimba
You have misunderstood the concept of annual salary. There is no requirement to show you made a certain income per year for ILR under Tier 2. Your annual salary simply must be above the min threshold when applying for ILR.
Also rules do NOT allow you to split your absences over two years anymore. If you had any period of absence longer than 6 months from the UK, your lawful residence is broken

Re: Annual earnings less than ILR cut off (36k)

Posted: Tue Nov 05, 2019 3:45 pm
by chaitu86
Thanks Zimba for the clarification.

I was on the same visa , same company during that gap.
My gap was before 2018 Jan , where in gap of > 180 days can be split in to two consecutive years basing on the date I apply for ILR (counting backwords) .

Please correct me if it is not the case.

Re: Annual earnings less than ILR cut off (36k)

Posted: Tue Nov 05, 2019 3:55 pm
by CR001

Re: Annual earnings less than ILR cut off (36k)

Posted: Tue Nov 05, 2019 4:12 pm
by chaitu86
Thanks CR001

so as per below , gap before 11 Jan 2018 should not be more than 180 days in each consecutive period (counting backwards from the date of application) right ?

(2) for any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.”.