Salary difference between HSMP Extension and ILR

[krisvraman78]

Hi All,

I have completed my 5 years of stay in UK. My Immigration details are below

June 2006 - WP Permit
Sep 2007 - HSMP
Sep 2009 - Tier 1 Extn (Valid till Sep 2012)
June 2011 - Completed 5 yrs.

During the extn in Sep 2009, I have scored full points (45) for my earnings. My earning was 54K at that time. In May 2010, I was made redundant. I have secured a job immediately with salary of 36K PA. Now I score only 40 points for the earnings as my salary falls between 35,000 to 40,000 ranges. I have seen following clause in UKBA website.

Tier 1 (General) migrants must now meet the same income criteria that applied when they last extended their permission to stay in the UK.

I am not sure how to interpret the above statement. Could any senior members or moderator, please advise whether I can apply for ILR or to look for a new job with salary more than 54K.

[krisvraman78]

Could anyone please reply...

[themonsoonhunter]

Based on my today's experience, it seems you may need to score more than last extension. I am not an expert though.

[themonsoonhunter]

Based on my today's experience, it seems you may need to score more than last extension. I am not an expert though.

[zahid.ali.anwar]

Hi,

The criteria means the minimum points required for grant of visa. If you claim 45 last time and this time you can only manage to claim 40 points. Then you have to make sure that total points must reach the minumum total required for grant of visa.

Lets say you require total 95 points to get visa. You score 80 at attributes (age, Education, Previous earnings and UK experiance) 10 points for English and 10 points for Maintenance fund makes a total of 100 points. You will get the visa. Now if you score 75 in the attributes, 10 for english and 10 for maintenace , makes a total of 95. You will still get the visa.

So as long as you match the minumum total required points you are fine.

I hope yo understand now...

[krisvraman78]

Many thanks Zahid for the response. I also have one more query. My passport is valid till Oct 2011. I tried renewing my passport in Indian High Commission, London, but in vain.I have been advised to get my passport renewed in India , as the police verification has not been done when I applied for the passport in 2001. When I check with passport agents in India, they said it takes minimum of 90 days to get my passport renewed. If I spend more than 60 days in India, I will not be eligible to apply for ILR as I will be crossing the 180 days limit. Can I apply in person for ILR with passport validity of less than 3 months. please advise.

[mk357]

Many thanks Zahid for the response. I also have one more query. My passport is valid till Oct 2011. I tried renewing my passport in Indian High Commission, London, but in vain.I have been advised to get my passport renewed in India , as the police verification has not been done when I applied for the passport in 2001. When I check with passport agents in India, they said it takes minimum of 90 days to get my passport renewed. If I spend more than 60 days in India, I will not be eligible to apply for ILR as I will be crossing the 180 days limit. Can I apply in person for ILR with passport validity of less than 3 months. please advise.

Passport validity shouldn't be a problem for ILR.

[pbs6vas]

Many thanks Zahid for the response. I also have one more query. My passport is valid till Oct 2011. I tried renewing my passport in Indian High Commission, London, but in vain.I have been advised to get my passport renewed in India , as the police verification has not been done when I applied for the passport in 2001. When I check with passport agents in India, they said it takes minimum of 90 days to get my passport renewed. If I spend more than 60 days in India, I will not be eligible to apply for ILR as I will be crossing the 180 days limit. Can I apply in person for ILR with passport validity of less than 3 months. please advise.

Passport validity shouldn't be a problem for ILR.

yes I agree passport validity shouldn't be a problem

[nishu]

Hi Zahid, I have same case (salary less than Tier 1 application but score 75 points as required with 1 less income band)

My solicitor told me that i must score same as last time (i.e. 80 points) otherwise i'll be refused. I was shocked to hear that plus she told me that childcare deductions need to be cancelled otherwise my salary will be calculated after childacre deductions. I can't believe that because home office document clearly says you need to qualify according to original qualification table.

Your thoughts please?

Thanks

Hi,

The criteria means the minimum points required for grant of visa. If you claim 45 last time and this time you can only manage to claim 40 points. Then you have to make sure that total points must reach the minumum total required for grant of visa.

Lets say you require total 95 points to get visa. You score 80 at attributes (age, Education, Previous earnings and UK experiance) 10 points for English and 10 points for Maintenance fund makes a total of 100 points. You will get the visa. Now if you score 75 in the attributes, 10 for english and 10 for maintenace , makes a total of 95. You will still get the visa.

So as long as you match the minumum total required points you are fine.

I hope yo understand now...

[imran22]

Nishu's post is quite alarming

Can this be true?

Surely so many people might have accepted lower pay scales or re-employed on lower pays if made redundant due to global financial meltdown.

I can agree on scoring minimum 75 at least, but forcing someone to score exactly same or as some people quoted more than last time is absurd

Can senior members comment on it and if faced with such situation what is the best way to persuade the officer dealing with the case

[krisvraman78]

Just a quick update. I received my ILR yesterday.

My immigration details

June 2006 - Aug 2007 - Work Permit
Aug 2007 - Sep 2009 - HSMP
Sep 2009 - Sep 2012 - Tier -I extension

The issue with my case was my salary is less(30%) compared to the last Tier-1 extension. The point I need to stress is even though my salary was less compared to the last extension I scored 75 points. So as long as you score 75 points , you will qualify for the ILR.