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ILR and salary req's.
Posted: Thu Mar 22, 2012 12:12 pm
by adk
Hi All
Amazing board.
I am self employed and employed / company director.
The date of my first HSMP application was received on 30/07/07
Received Tier1 General on 01/08/09, expires on 30/07/12
I have read conflicting arguments lately about the requirements for ILR and salaries.
Do I need to be earning the same as what I was earning when I applied for my last Tier1 application (£30 000)?
I am earning less than that now. I was reading the guidance notes on UKBA, chapter 6a, page 7, and it seems I need to qualify with 75 points according to the rules but I have also read the rules had changed on some work permit website.
Could someone confirm this for me.
Also do dividends count as income?
And do you need maintenance funds like previous applications?
Thanks for any help. Much appreciated.
ADK
Posted: Thu Mar 22, 2012 12:40 pm
by laweee
Hi adk,
I got my ILR 2 days. I am a company director as well.
No, you don't need to earn the same or more than what you earned in your Tier 1 application. You'll be fine as long as you earn enough to give you 75 points in total. When I applied, the case worker did mention that my earning was less than the earning I claimed for my tier 1 renewal. I told her that my earning for ILR gave me enough points to meet the minimum requirement. She agreed with me.
Yes, dividends do count as income. My earning was a combination of salary and dividends.
No, you do not need maintenance funds.
Cheers
Posted: Thu Mar 22, 2012 1:24 pm
by linkers
I would agree with laweee. All you need is to score 75 points in total, no mater if you are earning less or more than at the time of your Tier-1 application.
Posted: Thu Mar 22, 2012 3:00 pm
by daisy80
Hi,
Please could you advise what documents u submitted for the earnings proof.
i am also the director of limited company
i
Posted: Thu Mar 22, 2012 3:20 pm
by laweee
daisy80 wrote:Hi,
Please could you advise what documents u submitted for the earnings proof.
i am also the director of limited company
i
As proof of my earnings, I provided:
- 12 months payslips (on company letter head)
- 3 dividend vouchers (on company letter head)
- 12 months personal bank statement
- Letter from my accountant confirming my gross income.
Cheers
hi
Posted: Thu Mar 22, 2012 4:33 pm
by daisy80
hi,
Pkease can u post the accountant letter format.
Thnaks
Navin
Posted: Tue Apr 03, 2012 3:14 pm
by adk
laweee wrote:Hi adk,
I got my ILR 2 days. I am a company director as well.
No, you don't need to earn the same or more than what you earned in your Tier 1 application. You'll be fine as long as you earn enough to give you 75 points in total. When I applied, the case worker did mention that my earning was less than the earning I claimed for my tier 1 renewal. I told her that my earning for ILR gave me enough points to meet the minimum requirement. She agreed with me.
Yes, dividends do count as income. My earning was a combination of salary and dividends.
No, you do not need maintenance funds.
Cheers
Thanks very much for the reply and clearing things up.
Youre a legend.
ADK
regarding ilr income criteria for tier1
Posted: Tue Apr 10, 2012 7:37 pm
by yatish1982
do they count gross annual salary with overtime ans bonuse in income criteria or onley salary package nt overtime plz answer me
Posted: Mon Apr 23, 2012 1:16 am
by fahadz1
laweee wrote:Hi adk,
I got my ILR 2 days. I am a company director as well.
No, you don't need to earn the same or more than what you earned in your Tier 1 application. You'll be fine as long as you earn enough to give you 75 points in total. When I applied, the case worker did mention that my earning was less than the earning I claimed for my tier 1 renewal. I told her that my earning for ILR gave me enough points to meet the minimum requirement. She agreed with me.
Yes, dividends do count as income. My earning was a combination of salary and dividends.
No, you do not need maintenance funds.
Cheers
did u submit company bankstatements and invoices ???
Posted: Fri May 25, 2012 1:30 pm
by geriatrix
adk wrote:Hi All
I have a question regarding previous earnings.
Im on Tier 1 applying for ILR.
I am a 40% shareholder in a ltd company that is 1 year old and has made a substantial profit, however we have chosen to put 'all profit back into the business'. I receive a small salary and dividends. I have been reading the guidance, page 34 to be exact, and am a little unclear.
Am I allowed to use the net profits (even though they sit in the company bank account and we are using them for future investment) as entitlement salary to push up my points? The excerpt from the guidance is below.
"If an applicant has worked in a self-employed capacity in his/her own business or company structure and has chosen to keep his/her earnings within the business or company, he/she could provide:"
Please could someone clear this up for me as it would make my application so much easier.
Thanks again for all help
ADK[/b]
Posted: Fri May 25, 2012 1:34 pm
by geriatrix
adk wrote:I am a 40% shareholder in a ltd company
Immigration rules wrote:Under Part 6A of these Rules, "Self-Employed" means an applicant is registered as self-employed with HM Revenue & Customs, or
is employed by a company of which the applicant is a controlling shareholder.
Are you a controlling shareholder?
Posted: Fri May 25, 2012 3:14 pm
by adk
sushdmehta wrote:Immigration rules wrote:Under Part 6A of these Rules, "Self-Employed" means an applicant is registered as self-employed with HM Revenue & Customs, or
is employed by a company of which the applicant is a controlling shareholder.
Are you a controlling shareholder?
I am controlling shareholder. I am one of 2 directors of the company with full voting rights and full entitlement.
Posted: Fri May 25, 2012 3:29 pm
by geriatrix
Who owns the rest of the 60% shares? Won't he, if a single individual, be the controlling shareholder?
Will leave for it for others, more knowledgeable on the matter than me, to correct me and respond further.
Posted: Fri May 25, 2012 3:34 pm
by adk
sushdmehta wrote:Who owns the rest of the 60% shares? Won't he, if a single individual, be the controlling shareholder?
Will leave for it for others, more knowledgeable on the matter than me, to correct me and respond further.
Sorry, misunderstood. The other 40% is owned by the other director and 20% is owned by an investor with no voting rights.
Posted: Fri May 25, 2012 4:00 pm
by geriatrix
You have chosen to be paid remuneration - through salary and dividend.
The net profit of the company is not yours (individual / applicant) ... but your employer's (company that you are an employee / director of) ... and cannot be counted as part of your earnings ... unless the shareholders are legally entitled to a share of profit as personal income .. in addition to the salary & dividends that they receive?
Posted: Fri Jul 06, 2012 9:01 am
by adk
Hi all
I have my PEO appointment on the 19th.
I just want to clarify, I am self employed (for 5 years) from which I run my own company. I have got all the relevant documentation together here to prove my salary and tax history.
I am also a director and shareholder of another company with which I am involved in the day to day running of.
I have all my payslips and dividend vouchers as well as bank statements to prove my salary. Do I need to produce the certificate of incorporation and company accounts, etc for this company that I am a director / shareholder of and which I am paid via PAYE and dividends?
Also, since I am the employer, and my payslips are on plain paper, can I sign and stamp my own payslips? Could I get the other director to do it? Or should I get my accountant to verify these?
Thanks again
ADK
Posted: Fri Jul 06, 2012 12:15 pm
by geriatrix
Posted: Fri Jul 06, 2012 12:56 pm
by adk
Thanks
I have read the policy guidance. I just want clarification on if I need to produce the incorporation documents and accounts for the Ltd company.
Any help welcomed.
Posted: Thu Jul 12, 2012 7:39 pm
by adk
Hi all
I have a dividend payment which my accountant has mentioned in his letter being the gross payment.
I have the dividend voucher with the gross and net payment and bank statements to prove it.
My question is should the accountants letter state the gross and net payment or am I alright with what I have?
Thanks for all your help.
ADK