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45 points scored in 7 months. Please help
Posted: Fri Mar 16, 2012 10:16 pm
by urcooldoc
Hi Friends,
I am applying for ILR under Tier 1(General) in May 2012.
1. I would have exceeded the earnings threshold for 45 points(Points Scoring Assessment - Section 9, A7- rules in place before 6th April 2010) in the 7 months between August 2011 to Feb 2012. Should I still show earnings for the period previous to August 2011( reminder of the 5 months)?
2. The reason I ask is because in the period between Aug 2011 to March 2012 showing evidence of my earnings is straighforward as I was in paid employment.However before August 2011, I was earning as a Limited company which as you are aware is a bit of a hassle to demonstrate earnings.
3.In reading through tthrough Set (O),Nowhere do they ask us to demonstrate that we were in employment for the 5 years. Should we still show proof of earnings/employment for 5 years?
Re: 45 points scored in 7 months. Please help
Posted: Sat Mar 17, 2012 6:16 pm
by ashubhatt
urcooldoc wrote:Hi Friends,
I am applying for ILR under Tier 1(General) in May 2012.
1. I would have exceeded the earnings threshold for 45 points(Points Scoring Assessment - Section 9, A7- rules in place before 6th April 2010) in the 7 months between August 2011 to Feb 2012. Should I still show earnings for the period previous to August 2011( reminder of the 5 months)?
2. The reason I ask is because in the period between Aug 2011 to March 2012 showing evidence of my earnings is straighforward as I was in paid employment.However before August 2011, I was earning as a Limited company which as you are aware is a bit of a hassle to demonstrate earnings.
3.In reading through tthrough Set (O),Nowhere do they ask us to demonstrate that we were in employment for the 5 years. Should we still show proof of earnings/employment for 5 years?
I'm in a similar situation. I am only showing last 5 months salary which is above 23K to score enough points for ILR. How many points do you need?
Posted: Sat Mar 17, 2012 7:06 pm
by push
There is no compulsion to show income for all the 12 months purely for the purposes of meeting the points threshold.
Posted: Sat Mar 17, 2012 7:33 pm
by push
Period for assessment
20. Applicants should indicate in the application form for which 12-month period their earnings should be assessed.
21. (a) for all applicants the
period for assessment of earnings must:
(i) consist of
no more than 12 months which must run consecutively, and
(ii) fall within the 15 months immediately preceding the application.
Posted: Sat Mar 17, 2012 8:36 pm
by mkashifanwar
I am doing same as well - only showing 7 as previously I was also contracting via ltd company and not including any evidences for that period.
So going with 7 salary slips and 6 statements.
Posted: Sun Mar 18, 2012 1:42 pm
by urcooldoc
Thank you all for the info. Please PM me if you get any other info . I will do so likewise.
Posted: Sun Mar 18, 2012 2:22 pm
by LankanFunkin
@urcooldoc - does your earnings in the last 7 months (in which you exceeded the 45K threshold) INCLUDE your bonus?
I'm playing devil's advocate here, but one ("one" as in a very miserable case worker who is having a bad day) may argue that a bonus is discressionary, and not salary.
If this is the case, I would also try and get the appropriate documentation to show earnings of the 5 months prior to Aug 2011. I know I may be being overly cautious here, but I'm cynical of the UKBA, ever since my original PBS Tier 1 was rejected because the muppet didn't read which 12 months for which I was claiming points (which of course I got overruled).
Just a thought. Good luck!
Posted: Sun Mar 18, 2012 6:37 pm
by push
LankanFunkin wrote:@urcooldoc - does your earnings in the last 7 months (in which you exceeded the 45K threshold) INCLUDE your bonus?
I'm playing devil's advocate here, but one ("one" as in a very miserable case worker who is having a bad day) may argue that a bonus is discressionary, and not salary.
If this is the case, I would also try and get the appropriate documentation to show earnings of the 5 months prior to Aug 2011. I know I may be being overly cautious here, but I'm cynical of the UKBA, ever since my original PBS Tier 1 was rejected because the muppet didn't read which 12 months for which I was claiming points (which of course I got overruled).
Just a thought. Good luck!
For Tier-1(General) Bonus can be included in calculation of the gross earnings:
Earnings
23. Earnings include, but are not limited to:
(a) salaries (includes full-time, part-time and bonuses),
(b) earnings derived through self-employment,
(c) earnings derived through business activities,
(d) statutory and contractual maternity pay, statutory and contractual adoption pay,
(e) allowances (such as accommodation, schooling or car allowances) which form part of an applicant's remuneration package and are specified in the applicant's payslips,
(f) dividends paid by a company in which the applicant is active in the day-to-day management, or where the applicant receives the dividend as part or all of their remuneration package,
(g) property rental income, where this constitutes part of the applicant's business, and
(h) payments in lieu of notice.
Re: 45 points scored in 7 months. Please help
Posted: Tue Mar 20, 2012 9:26 pm
by [iD]
urcooldoc wrote:Hi Friends,
I am applying for ILR under Tier 1(General) in May 2012.
1. I would have exceeded the earnings threshold for 45 points(Points Scoring Assessment - Section 9, A7- rules in place before 6th April 2010) in the 7 months between August 2011 to Feb 2012. Should I still show earnings for the period previous to August 2011( reminder of the 5 months)?
2. The reason I ask is because in the period between Aug 2011 to March 2012 showing evidence of my earnings is straighforward as I was in paid employment.However before August 2011, I was earning as a Limited company which as you are aware is a bit of a hassle to demonstrate earnings.
3.In reading through tthrough Set (O),Nowhere do they ask us to demonstrate that we were in employment for the 5 years. Should we still show proof of earnings/employment for 5 years?
It's really up to you, not a requirement. You do not have to show full 12 months history if you can satisfy required points in less than 12 months immediately before the date of your application.
Posted: Tue Mar 20, 2012 9:33 pm
by urcooldoc
Apologies for the belated reply.
Dear All especially moderator and Lankanfunkin thanks for your kind words for caution. I concur with your view that with UKBA if anything can go wrong it will go wrong - based on previous experiences with them.
My income for the 7 months from Aug 2011 to March 2012 is purely salaried income from a governmental organisation on which I am claiming points.No bonuses or any other secondary income sources.
I wonder if the case worker will still insist on seeing 12 months income .I am not taking chances.I will still take with me my limited company earnings before August 2011.
Can one of you clarify if they will want to see proof of economic activity for the past 5 years as well as there is no mention of its requirement in the SET(O) appplication form released on Feb 2012. Have I missed something?
Posted: Tue Mar 20, 2012 9:36 pm
by urcooldoc
By the way my appointment is on 30th April 2012 at Croydon PEO. I will let you know how it went.
Posted: Tue Mar 20, 2012 9:46 pm
by [iD]
urcooldoc wrote:Apologies for the belated reply.
Dear All especially moderator and Lankanfunkin thanks for your kind words for caution. I concur with your view that with UKBA if anything can go wrong it will go wrong - based on previous experiences with them.
My income for the 7 months from Aug 2011 to March 2012 is purely salaried income from a governmental organisation on which I am claiming points.No bonuses or any other secondary income sources.
I wonder if the case worker will still insist on seeing 12 months income .I am not taking chances.I will still take with me my limited company earnings before August 2011.
Can one of you clarify if they will want to see proof of economic activity for the past 5 years as well as there is no mention of its requirement in the SET(O) appplication form released on Feb 2012. Have I missed something?
Code: Select all
"84. An applicant may claim for a period of earnings of less than 12 months if they have earned sufficient funds to claim the necessary points."- Tier 1 Guidance Note - Page 15
Posted: Tue Mar 20, 2012 9:48 pm
by AshMad
I guess the requirement for being economically active is not a part of the ILR applications falling outside JR. Only the SET(O) JR applicants need to show the economic activity. Wait for someone in the forum to correctly guide you.
Posted: Tue Mar 20, 2012 10:05 pm
by urcooldoc
Dear id sir - you could not have clarified it better.Many Thanks.