PBS Tier 1 Application - a few queries

[lea_10]

Hi - after struggling for weeks to get an appointment - I found this website and followed advice posted by others and have now secured an appointment for beginning of February - thanks!

I think my application is straight forward - but I have a few queries and considered contacting a solicitor - but was persuaded by other posts on this forum that the information and advice I need could be provided by members - so here it goes!

I was granted a 5 year work permit in October 2004 which expires in April 2010. (I have since learned that this was a clerical error on behalf of the Home Office - but was advised that I cannot apply for ILR until 28 days prior to the expiration in April). I am applying to switch to Tier 1 and will be claiming 95 points.

My queries:

1 - I left my place of work the end of October 2009 unaware that I was required to switch to a PBS visa immediately after. (I was unable to do so as I did not have the maintenance funds available for 3 months - I do now). I have been offered a new job - but I have not taken it up and have remained unemployed since leaving my job and have not accessed any public funds. Is the fact that I have been unemployed and outside the conditions of my previous visa going to affect the outcome of my application?

2 - I have a letter from my previous employer which states the salary I am claiming for the dates September 2008 - October 2009. While this is a 13 month period - it ends 1 week outside of 3 months prior to the date of my application. Will this affect the outcome of my application?

3 - With relation to the query above - do I need to include all pay slips for this period? (I don't have them and would need to go back to my previous employer). I also have the offer letter for my new job with the salary stated - should I include this as well?

4 - I am claiming for a Master's degree (which is evidenced through the original certificate) as well as the 5 points for UK experience for the degree being completed in the UK. For the the 5 points the application states it should be evidenced through a letter from the university - is this necessary when I have the original certificate?

5 - Finally, the version of the application form I have is from October 2009 - is there a newer version since then and has there been any changes I should be aware of?

THANKS!!!!!!!!!

[tvn_ramesh]

48 views no reply.. since ur question is very confusing..

i will try to dig out wat i understand n reply you..

Hi - after struggling for weeks to get an appointment - I found this website and followed advice posted by others and have now secured an appointment for beginning of February - thanks!

I think my application is straight forward - but I have a few queries and considered contacting a solicitor - but was persuaded by other posts on this forum that the information and advice I need could be provided by members - so here it goes!

I was granted a 5 year work permit in October 2004 which expires in April 2010. (I have since learned that this was a clerical error on behalf of the Home Office - but was advised that I cannot apply for ILR until 28 days prior to the expiration in April). I am applying to switch to Tier 1 and will be claiming 95 points.

My queries:

1 - I left my place of work the end of October 2009 unaware that I was required to switch to a PBS visa immediately after.

Did you leave ur WP job at the end of October 2009? in that case did ur employer informed HO at you are no longer working with them if YES.. now u might have over stayed.. (but confused again with ur 5yrs visa from oct 2004 to april 2010 ?? clerical error?? confusing)

(I was unable to do so as I did not have the maintenance funds available for 3 months - I do now). I have been offered a new job - but I have not taken it up and have remained unemployed since leaving my job and have not accessed any public funds. Is the fact that I have been unemployed and outside the conditions of my previous visa going to affect the outcome of my application?

No, as long as you have valid visa to stay in the country

2 - I have a letter from my previous employer which states the salary I am claiming for the dates September 2008 - October 2009. While this is a 13 month period - it ends 1 week outside of 3 months prior to the date of my application. Will this affect the outcome of my application?

- Maintenance funds are no way related to employment.. it is just u need to maintain those funds for 3months with or without working again 13months?? confusing.. for Earnings points you can use 12consecutive months of the last 15months.

3 - With relation to the query above - do I need to include all pay slips for this period? (I don't have them and would need to go back to my previous employer). I also have the offer letter for my new job with the salary stated - should I include this as well?

- For Earnings proof u require to submit 2proofs.. most common are 1. Payslips/employer letter in monthly details and 2.bankstatements matching the NET amounts

4 - I am claiming for a Master's degree (which is evidenced through the original certificate) as well as the 5 points for UK experience for the degree being completed in the UK. For the the 5 points the application states it should be evidenced through a letter from the university - is this necessary when I have the original certificate?

- If your masters is recognized by the PBS Calculator and gives points for education and english you do not need any other letter as long as you have ORIGINAL Certificate

5 - Finally, the version of the application form I have is from October 2009 - is there a newer version since then and has there been any changes I should be aware of?

- you the version available on the UKBA website..

any changes will be updated there itself

http://www.ukba.homeoffice.gov.uk/sitec ... alform.pdf

THANKS!!!!!!!!!

[lea_10]

thanks a lot - i think i was a bit confusing!

regarding question 2 - the question wasn't about the maintenance funds. to evidence my salary i need statements/payslips for 12 of the past 15 months - I have evidence for 11 months and 3 weeks of the past 15 months - not 12 months. is that going to make a difference??

for question 3 - i have now ordered and received bank statements - thanks for the advice. does the letter from the employer absolutely need to include a monthly breakdown?

many thanks!!

[tvn_ramesh]

thanks a lot - i think i was a bit confusing!

regarding question 2 - the question wasn't about the maintenance funds. to evidence my salary i need statements/payslips for 12 of the past 15 months - I have evidence for 11 months and 3 weeks of the past 15 months - not 12 months. is that going to make a difference??

--> For earnings proof you can use all the 12months (Consecutive months) of the last 15months to claim points are you can even use few of those 12months,

In your case if you get enough points to claim for Earnings from your 11months 3weeks period.. you can use that period.. its not mandatory to use all 12months..

Btw. were you paid monthly or weekly??


for question 3 - i have now ordered and received bank statements - thanks for the advice. does the letter from the employer absolutely need to include a monthly breakdown?

--> If you want to use the Employers letter as alternative of payslips for earnigns proof YES it need to be tabled monthly with GROSS-NETSalary-TAXDeducted-Salaried Month details so that the caseworker can cross check the NET Salary with the other proof (Bankstatement)

many thanks!!

[lea_10]

thanks. i was paid monthly - i'll go back to employer for a letter.

[tvn_ramesh]

thanks. i was paid monthly - i'll go back to employer for a letter.

If you are paid monthly why do u want to claim for 11months and 3weeks only it should be either 11months or 12months pay.. pls check so that you are following the rules n not making any simple mistake.. cheers

[lea_10]

the 12th month of my pay is only for 3 weeks since i left the job 3 weeks into a full month - so my last payslip is only 75% of the others - does that make sense?

[tvn_ramesh]

the 12th month of my pay is only for 3 weeks since i left the job 3 weeks into a full month - so my last payslip is only 75% of the others - does that make sense?

Ok.. now it is clear.. Yes it is ok to claim those 3weeks aswell but you need to mention in the coverletter in brief as the CWorker may also get confused like me?? goodluck

[lea_10]

thanks.

one more question - as i'm having the appointment in person, how detailed should the cover letter be? for example - should i mention that i left my job in october and have not been working during this time?

[tvn_ramesh]

thanks.

one more question - as i'm having the appointment in person, how detailed should the cover letter be? for example - should i mention that i left my job in october and have not been working during this time?

No you dont need to mention that..

You should cover letter to convey any info/explanation related to the points you are claiming.. like the 11months 3weeks thing.. HO/CW is not worried about your current job, they will look into various proofs and evidences you enclosed for the points you are claiming like Earning points, maintenance, age, education etc..

pls use the cover letter formated by chetan in the sticky.. cheers

[lea_10]

thanks - already downloaded that template so will use that one.

thanks again for the help!