Query on criterion to claim point for UKExperiance-plzAdvice

[shobitha]

Hi All,

I was working for an IT service company in UK since April 2008. I was holding a Tier 2 WP visa (company sponsored visa), on December 1st 2010 I got a intra company transfer to India. So 30th of Nov, 2009 was my last day in UK.
At present, I am trying to apply for Tier 1 Migrant visa from India. I have considered the claim period starting from 1st March, 2009 to 28th Feb, 2010. Out of the 12 consecutive months I have made earnings in UK during the first 9 months starting from 1st of March, 2009 and during the rest of the 3 months I have made earnings in India. I was able to successfully claim 20 points for Previous Earnings.

According to the UK Immigration Rules and Guidelines document,

An applicant can claim a maximum of five points if he/she has either:
successfully scored points for previous earnings and at least £25,000 of those earnings were made in the United Kingdom;

In my case, I am getting only £ 24,948 when I add the earnings made during the claim period starting from 1st March, 2009 to 30th November 2009 (duration 9 months only), so it is below £ 25,000 margin. But if I also consider UK earnings (Jan and Feb, 2009 month earnings) made prior to 1st of March, 2009 (outside claim period), I am getting the sum equivalent to more than £ 25,000. But I have not considered the Jan and Feb month’s earnings to claim points for previous earnings.

Please advice, to claim points for UK experience can I consider the earnings made in UK prior to claim period mentioned under pervious earnings?

I look forward to your reply.

Thanks,

Regards,
Shobitha

[tvn_ramesh]

But I have not considered the Jan and Feb month’s earnings to claim points for previous earnings.

If you are submitting your application in few days (early may 10); in that case you should consider your earnings period from 1st Feb 2009 - 31 jan 2010 so that you can have min. 25K earnings to claim the UK Experience points also.. Why you are not considering Feb 09 month...........

[shobitha]

Hi Thanks for a reply..

I have not considered Feb month's earnings because I am still waiting for P60 form from the UK company's (my past employer) finance team. I am yet to receive the Bank statements and Banker's reference letter for fund maintenence from London (UK).
All these documents possibly might reach me in any of the dates between 5th - 15 May,2010. Even if I get my documents by 5th of may, i think I cannot claim for feb months earnings because 6th of may will fall outside 15 months time period.

If I consider my feb (2009)month's earnings I will have to submit my visa application before 30th of April (that is tomorrow) which is not possible becoz of pending documents.

I have nearly 2.1 years of UK experiance. I have payslips for all the months. Please advice, can I submit all the payslips to claim points for UK experiance? Also I worked with leading banks in UK.

[shobitha]

Seniors I request for your advice on this Issue. Looking for some urgent help.

Regards,
Shobitha

[aruni4470]

Hi Thanks for a reply..

I have not considered Feb month's earnings because I am still waiting for P60 form from the UK company's (my past employer) finance team. I am yet to receive the Bank statements and Banker's reference letter for fund maintenence from London (UK).
All these documents possibly might reach me in any of the dates between 5th - 15 May,2010. Even if I get my documents by 5th of may, i think I cannot claim for feb months earnings because 6th of may will fall outside 15 months time period.

If I consider my feb (2009)month's earnings I will have to submit my visa application before 30th of April (that is tomorrow) which is not possible becoz of pending documents.

I have nearly 2.1 years of UK experiance. I have payslips for all the months. Please advice, can I submit all the payslips to claim points for UK experiance? Also I worked with leading banks in UK.

UK experience points are based only on the previous earnings you claim. If you claim earnings more than 25000 earned in UK you get 5 points. I am afraid you will not be able to claim for the earnings made outside of the 15 month period.

156. If an applicant has claimed points in the section for previous earnings, and these were for earnings made both in the United Kingdom and outside the United Kingdom, at least £25,000 of the earnings must be United Kingdom earnings to receive the points for UK.

[shobitha]

Hi aruni,

Thanks a lot for your valuable reply.

I was granted about £ 1099 as UK bonus(annual performance pay) by my UK company for the financial year 2009 (that starts from 1st April,2009 to till the date i was in Uk that is 30th Nov, 2009). As my claim period starts from March 2009 to Feb 2010. Can I consider this £ 1099 as my earnings for 2009 year? If yes Can I add £ 1099 to my UK earnings 24,480£ made during the claim period starting from 1st of March 2009 to 30 Nov, 2009? , If I consider this UK bonus as my earnings I will get the sufficient earnings(min £ 25,000) required to claim points for UK experiance. Please advice.

Since I moved to India (intra company transfer) after November 2009, my UK bonus amount was transferred to my company's India payroll team by the UK payroll team and I got this UK bonus (in rupees)(after necessary tax deductions) credited to my Indian account on 19th April, 2010. Please advice, can I submit my Indian bank statement as proof to show that UK bonus has been credited to my indian account and along with letter from Indian payroll team saying that amount has been credited? will this be sufficient?

Regards,
Shobitha

[pkumar]

it will only confused the case worker and there is chance of rejection.