Not Enough Points for ILR

I was hoping if some one could help with my question. I was on Work Permit and now currently on Tier 1 visa. I will be qualified for ILF in October 2011.

With the new rules, I'm afraid I do not have enough accumulated points to qualify for ILF.

As I was made redundant last year, I am short of £5,000 to reach the £40,000 for this year’s annual earning to have a 75 accumulated points.

I am currently 34 years old with a UK Masters degree. I will be claiming points for UK experience and I have already passed my Life in the UK test. Also I will have to apply ILF by December this year as I will be 35 years old in January 2012, which will further reduce my accumulated points.

Will this automatically disqualify my application even though I have faithfully stayed in the country continuously for 5 years and owning a property of my own? I can’t apply another Tier 1 visa as I will not qualify for the same minimum 75 points based on my this year’s annual earning.

I hope to hear from you soon.

JayCy wrote:I was hoping if some one could help with my question. I was on Work Permit and now currently on Tier 1 visa. I will be qualified for ILF in October 2011.

With the new rules, I'm afraid I do not have enough accumulated points to qualify for ILF.

As I was made redundant last year, I am short of £5,000 to reach the £40,000 for this year’s annual earning to have a 75 accumulated points.

I am currently 34 years old with a UK Masters degree. I will be claiming points for UK experience and I have already passed my Life in the UK test. Also I will have to apply ILF by December this year as I will be 35 years old in January 2012, which will further reduce my accumulated points.

Will this automatically disqualify my application even though I have faithfully stayed in the country continuously for 5 years and owning a property of my own? I can’t apply another Tier 1 visa as I will not qualify for the same minimum 75 points based on my this year’s annual earning.

I hope to hear from you soon.

1- When did you get your Tier 1 visa and till what time it is valid?

If you got it after August 2009, dont meet the points requirement for ILR then you only have two options -

1- Apply for ILR once you have enough earnings (but prior to current leave to remain expires)
2- Failing that you need to leave the country (assuming you cant get Tier 1 extension).

Staying legally for 5 years and owning a property has nothing to do with ILR application as far as the governement is concerned, if you dont meet other ILR requirements.

sorry if its blunt, but thats the way new system works.

I got my Tier 1 visa in April 2010. Valid until April 2012.

There's no way I could have enough earnings to make the 75 points any more as I was made redundant last year and had to take a pay cut with the new job.

I can't believe my life will end up this way. It's just not fair at all. Worked so hard and built my life here, but at the end, it will all go down the drain!

I thought your age will remain the same. I thought you use the age that you used to first apply for T1.

JayCy wrote:I got my Tier 1 visa in April 2010. Valid until April 2012.

There's no way I could have enough earnings to make the 75 points any more as I was made redundant last year and had to take a pay cut with the new job.

I can't believe my life will end up this way. It's just not fair at all. Worked so hard and built my life here, but at the end, it will all go down the drain!

why did you only get tier 1 for 2 years? its usually given for 3 years? what was your previous visa history?

xyz123 wrote:

JayCy wrote:I got my Tier 1 visa in April 2010. Valid until April 2012.

There's no way I could have enough earnings to make the 75 points any more as I was made redundant last year and had to take a pay cut with the new job.

I can't believe my life will end up this way. It's just not fair at all. Worked so hard and built my life here, but at the end, it will all go down the drain!

why did you only get tier 1 for 2 years? its usually given for 3 years? what was your previous visa history?

From april 2010 it was changed to initial 2 years and on extension 3 years

You have almost another year in which to meet the salary requirements. Take on a second job, find extra work etc.

As above your age points remain the same as when you were first granted your visa.

I was granted Tier 1 in 26 April 2010 which only gave me 2 years, not 3 years.

I was on WP previously and was made redundant. That is why I swiched to Tier 1.

JayCy wrote:I was hoping if some one could help with my question. I was on Work Permit and now currently on Tier 1 visa. I will be qualified for ILF in October 2011.

With the new rules, I'm afraid I do not have enough accumulated points to qualify for ILF.

As I was made redundant last year, I am short of £5,000 to reach the £40,000 for this year’s annual earning to have a 75 accumulated points.

I am currently 34 years old with a UK Masters degree. I will be claiming points for UK experience and I have already passed my Life in the UK test. Also I will have to apply ILF by December this year as I will be 35 years old in January 2012, which will further reduce my accumulated points.

Will this automatically disqualify my application even though I have faithfully stayed in the country continuously for 5 years and owning a property of my own? I can’t apply another Tier 1 visa as I will not qualify for the same minimum 75 points based on my this year’s annual earning.

I hope to hear from you soon.

Register youself as self employed As 5000 is not much to show. I dont think you should have any problem if you find extra work or show your business.

I feel you shouldn't be discouraged. 5000GBP shouldn't be a problem to earn in partime.
You could work partime or try doing freelancing. You have time till Oct11
But please keep all paperwork..

All the best

And people wonder why they are cracking down and tightening up the rules...with all the advice about "working" the system in ways it wasn't intended, I can see why...

The UK is NOT the only country which applies rules retrospectively - it happens all over the world. The UK is in fact, one of the most "generous" countries when it comes to rule changes where they try to keep it fair.

And I'm not just making it up - I applied to Canada in March 2008 - 9 months later (only in November), an announcement was made which changed the rules considerably, which they applied to all applications from February that year and thereby making my application invalid. And then, subsequent to that, I had it happen to me once again when the list of occupations were changed again.

Changes to Canada Immigration Rules Announced - so don't come with this "two wrongs make a right" stuff. You do it right, or you don't do it all.

There's been way too many times where it's been suggested that people should do something which is illegal and it ends up simply creating more problems than the initial issue.

mulderpf wrote:And people wonder why they are cracking down and tightening up the rules...with all the advice about "working" the system in ways it wasn't intended, I can see why...

Completely agree.

mulderpf wrote:The UK is NOT the only country which applies rules retrospectively - it happens all over the world. The UK is in fact, one of the most "generous" countries when it comes to rule changes where they try to keep it fair.

And I'm not just making it up - I applied to Canada in March 2008 - 9 months later (only in November), an announcement was made which changed the rules considerably, which they applied to all applications from February that year and thereby making my application invalid. And then, subsequent to that, I had it happen to me once again when the list of occupations were changed again.

Changes to Canada Immigration Rules Announced - so don't come with this "two wrongs make a right" stuff. You do it right, or you don't do it all.

There's been way too many times where it's been suggested that people should do something which is illegal and it ends up simply creating more problems than the initial issue.

I belive you do not have clear concept of what it means by "RETROSPECTIVELY" If any applicant is entered in a country in a certain scheme they are entitled to enjoy the benefit of the scheme. What you are talking about Canada is not true. I did apply for Canada as well as Australia so I know very well what I am talking about. Any country government as right to strengthen any rule or introduce any new rule. But those only apply to new applicants on that specific scheme. Canda applied new rule for new applicant, whoever already entered and got PR, is not affected by new law. This is like, if government bans smoking from today, and punish some one because some one smoked yesterday.[/u][/b] This a plain common sense. please read the judgement by the judge. if you don't bother, I am pasting it again "I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them. "

[quote="goldfish"][quote="mulderpf"]And people wonder why they are cracking down and tightening up the rules...with all the advice about "working" the system in ways it wasn't intended, I can see why...[/quote]

Completely agree.[/quote]

get a secound job and DONT cheat!! the force is with you, make it count! Goodluck

mulderpf wrote:And people wonder why they are cracking down and tightening up the rules...with all the advice about "working" the system in ways it wasn't intended, I can see why...

Agreed. If it were to me I'd increase the crack down and deport all fraudulent applicants who got here through deception immediately.

Two wrongs don't make a right. Fraud is a fraud no matter what it is intended for. Fraudsters are criminals and should be punished accordingly (deportation preferably for immigration cheats).

I just read somewhere that for English Language Requirement, you can automatically earn 10 points for ILR. Is this true?

Here is the website: http://firstmigration.com/visas/uk/tier ... -inside-uk

I can't remember when I applied for my Tier 1 last year, whether 10 points was given.

If it is, why is it not written on the SET(O) application form?

There is no requirement for "English language" and "maintenance funds" for settlement as a Tier 1 (General) migrant.
Also, no requirement = no points!

That is why neither is mentioned in the SET(O) form.