Immigrationboards.com

Hello Members,

I am currently on ILR and will be eligible for naturalisation by next month but I have few questions around my previous employment history and my tier 1 General eligibility.

I have been on a continuous employment from 2006 with the same company but have had temporary jobs inbetween and have used both the jobs as source of income when I went for tier 1 general extension. But these temporary jobs lasted only for few months and when they finish I go back doing my permanent job.

My question to all members here since I have showed them as source of income during extension and have not continued on the job will it he a problem when I go for my naturalisation? If it is a problem then what options do I have?

Anyone else is in the same scenario would you kindly share your experience.

Any advice on this would be much appreciated.

Thanks in advance.

Don't know why you think it is a problem. It if is employment, just list it as required in the form. If you were self employed and your tax/income affairs are all in order then no problem.

By "temporary" do you mean "temporary" or do you mean 'illegal' in some way

Were these jobs all for a genuine employer and with tax & NI paid & etc

Thanks for your responses

The temporary jobs were legitimate and for genuine companies. Have paid all taxes and have employment history letter from HMRC confirming this.

My annual salary during the 5 years on T1G was up bad down depending upon if I had a temporary second job or not. I am worried about the 2 years out of 5 when my annual income was less than what I have shown during extension. Please let me know if this will be an issue for naturalisation.

Many thanks

PossibleImmigrant16 wrote:My annual salary during the 5 years on T1G was up bad down depending upon if I had a temporary second job or not. I am worried about the 2 years out of 5 when my annual income was less than what I have shown during extension.

Was your total annual income less than what you showed during extension? Or just the annual income from your main full time job? If the former, that would constitute deception and that is a bar to naturalisation.

As a T1G migrant, there was no limit on the number of jobs you held (you could have more than one job concurrently) or how much you earned from them, provided it was all declared to the HMRC and taxed accordingly.

While on my T1G immigration journey, I was short of my salary requirements because the government at the time had reinterpreted the salary requirements to increase the requirement applicable to me. So, apart from my full-time day job (the usual Monday-Friday), I had two separate jobs on Saturday and Sunday. I also claimed all the overtime on all those jobs and worked my holidays in one job at the other job. Thank God the UK has an opt-out from the EU Working Time Directive. All the jobs were salaried (no self-employment), with payslips, P60s, etc. I had no problem at either ILR or naturalisation applications. Mind you, I underwent the journey about three years ago.

PossibleImmigrant16 wrote:Thanks for your responses

The temporary jobs were legitimate and for genuine companies. Have paid all taxes and have employment history letter from HMRC confirming this.

My annual salary during the 5 years on T1G was up bad down depending upon if I had a temporary second job or not. I am worried about the 2 years out of 5 when my annual income was less than what I have shown during extension. Please let me know if this will be an issue for naturalisation.

Many thanks

You'll have to explain this more:

... 2 years out of 5 when my annual income was less than what I have shown during extension

Are you now saying you practised deception during a visa extension?
Hope this isn't going to turn into one of those interminable 'my top-notch and experienced but dodgy accountant misled me'-types of cases.

Thanks for your responses.

@ Secret.Simon - I have done the same as you but for me the problem was I could find a second job every year to meet the threshold.

@ Noajthan - unfortunately when I put all my documents together for naturalisation it does look like as you explained. But as I have mentioned above nothing was intentionally done and it has worked out to be like that.

So what you have explained it clearly looks like a problem. Dies it mean I am stuck and my immigration journey ends here? Or is there a way to get out of this?

Many thanks

PossibleImmigrant16 wrote:Thanks for your responses.

...

@ Noajthan - unfortunately when I put all my documents together for naturalisation it does look like as you explained. But as I have mentioned above nothing was intentionally done and it has worked out to be like that.

So what you have explained it clearly looks like a problem. Dies it mean I am stuck and my immigration journey ends here? Or is there a way to get out of this?

Many thanks

I'm still not clear what has happened and why.
Caseworker will certainly scrutinise an issue like this (read recent posts in forum).

However this is an immigration forum not a tax forum. Not sure where you go from here.

Now from reading all this what i understand is:

You had done 2 jobs when required to satisfy the earning requirements.

And, when you didn't want to extend you visa or apply for ILR, you didn't bother finding a second job for that.

To explain further, lets go by this example:

Say ( This is not exact as per rule ): you applied for Tier 1 G on 1 NOV 2009 required point for earning were 25 and for that you should be in range of 26k to 29k ( this is assumed )

1) From 1 Nov 2008 to 1 Nov 2009-1st job gives you 24k + 3k from second job and you are approved for 3 yrs
2) 1Nov 2009 to 1 Nov 2010 to 1 = 24k + No second Job
3) 1 Nov 2010 to 1 Nov 2011 = 24k + No Second job
4) 1 Nov 2011 to 1 Nov 2012= 24 k + 3k Second Job----extension Apporoved
5) 1 Nov 2012 to 1 Nov 2013 = 24 k + No Second Job
6) 1 Nov 2013 to 1 Nov 2014 = 24k + 3k Second Job-----ILR Approved

So you are satisfying the earnings requirements when required, I think there is no harm in that and would not be classed as deception for Naturalisation, provided you tax affairs are clean

ursamyn wrote:Now from reading all this what i understand is:

You had done 2 jobs when required to satisfy the earning requirements.

And, when you didn't want to extend you visa or apply for ILR, you didn't bother finding a second job for that.

To explain further, lets go by this example:

Say ( This is not exact as per rule ): you applied for Tier 1 G on 1 NOV 2009 required point for earning were 25 and for that you should be in range of 26k to 29k ( this is assumed )

1) From 1 Nov 2008 to 1 Nov 2009-1st job gives you 24k + 3k from second job and you are approved for 3 yrs
2) 1Nov 2009 to 1 Nov 2010 to 1 = 24k + No second Job
3) 1 Nov 2010 to 1 Nov 2011 = 24k + No Second job
4) 1 Nov 2011 to 1 Nov 2012= 24 k + 3k Second Job----extension Approved
5) 1 Nov 2012 to 1 Nov 2013 = 24 k + No Second Job
6) 1 Nov 2013 to 1 Nov 2014 = 24k + 3k Second Job-----ILR Approved

So you are satisfying the earnings requirements when required, I think there is no harm in that and would not be classed as deception for Naturalisation, provided you tax affairs are clean

I agree with Ursamyn. One of my friends was in exact same situation with inconsistent/dipping income, he got questioned about the taxes he was supposed to pay on previously declared income (which he had paid) but his application was approved just fine.
If you fulfilled your earnings requirements for the required periods and paid taxes on the income that you declared in your previous applications, that's all that matters in the end. You are not legally liable to justify what happened in between..that's just my opinion.

bilalazeem wrote:If you fulfilled your earnings requirements for the required periods and paid taxes on the income that you declared in your previous applications, that's all that matters in the end.

I agree with this assessment.

To the OP; as I understand it now, you did the temp/second jobs just long enough to meet the salary requirements for the extensions and between your extensions/ILR, the salary you earned was lower than the requirement for the extensions. Is my understanding of the situation correct?

If so, there is no need for concern. The requirement for T1G was that you earned a certain amount of income in any 12 out of 15 months preceding the application. The requirement, to the best of my knowledge, did not extend to the period between extensions. This is unlike the situation for T2G applicants, who must earn more than a specified amount throughout their immigration journey.

Thanks for all your responses.

@ Ursamin - I am exactly in the same scenario as you have described (even my salary figures are almost the same as quoted in the scenario).

@ Secret Simon - yes, your understanding is correct.

@ Bilalazeem - My second have been as an employee except for which I have filed and paid my tax returns. And I have in a permanent job with the same company for last 10 years so all my taxes are paid and clean.

Does this mean I can apply for naturalisation without any worries?

PossibleImmigrant16 wrote:Does this mean I can apply for naturalisation without any worries?

Yes. Provided your tax affairs are in order, I do not foresee any issues with your naturalisation application.

Many thanks Secret.Simon and to all others who have patiently answered my questions. Once again Thank you all for your advice and support.

You read the AN booklet and the guide, You are giving consent to the HO to get records checked against HM R &C for tax and NI , employment purposes.
Answer is simple if all tax and NI on income shown to HO is correct and HMRC has that data and record your application will be fine.

Make sure your tax afairs are correct! I