ILR Due on Monday and made Redundant!!! Help Pls!!

[fomsand1]

Hi all,

I have my appointment next week and have also been made redundant from my employed job. I intend to claim income from employed and self employed activities. I dont have a limited company, just doing contracting as a freelance credit controller for just one company. I invoice them at the end of the month and they pay directly into my account.

The break down of my income are as follows:

Employment= £24,500 p/a
Self employment= Net-£5005 (between April last year to January 2013)

Total income =£29505- Although I only need about £27,000 to claim points I need for income.

Now after being made redundant, I was paid £8600 which includes £6000 as 3 months payment in Leu of Notice and £2600 which is the actual redundancy pay.

My question is that can I use the payment in Leu of Notice to claim points for income? I have read Chapetr 6A Annex A and it states that I cannot use redundancy payment to claim points but I can use Payment in Leu of Notice to claim points.

Even though I have all the documentation UKBA requires for self employment such as Accountants Letter, NIC contributions, Invoice summary and actual invoices, contract letter from client and tax returns for 2012,2011,2010 and 2009; I'm intending to just make it it nice and simple by using just one source of income which is from my paid employement+ Payment in Leu upon being made redundant.

Can anyone please advise which is the best route to take on this? I have between today and Tomorrow to get everything sorted so your advise would be much appreciated

Many Thanks

[fomsand1]

Good Grief!! over 130 views and no one reply! It seems everyone just love success stories and cant be bothered with answering genuine queries. Thats okay, you dont have to answer if you dont want to, it simply means that I wont be bothered sharing my experience for people to benefit from.

[ali_asad_pk]

People try to help each with with their knowledge and experience and if something is tricky or not common then you need to dig it out yourself

Discuss it with some solicitor as I have seen this example first time

Good Luck

[netizen]

Wish everybody here was a solicitor
All the best formsand1. Wish you goodluck

[fomsand1]

Okay, Thanks anyway. I least I got some acknowledgement Will post my experience either ways. Wish me Gods blessings on that day

[alanwong]

Okay, Thanks anyway. I least I got some acknowledgement Will post my experience either ways. Wish me Gods blessings on that day

I will you all the best. This is the only thing I can do.

[Kevin24]

Good Grief!! over 130 views and no one reply! It seems everyone just love success stories and cant be bothered with answering genuine queries. Thats okay, you dont have to answer if you dont want to, it simply means that I wont be bothered sharing my experience for people to benefit from.

I can understand your feeling.There are members in this forum,who are facing problems,worst than you. Please spare a thought for them too. Trust every thing will work out for you. Wish you all the very best.

[cs95tdg]

Now after being made redundant, I was paid £8600 which includes £6000 as 3 months payment in Leu of Notice and £2600 which is the actual redundancy pay.

My question is that can I use the payment in Leu of Notice to claim points for income? I have read Chapetr 6A Annex A and it states that I cannot use redundancy payment to claim points but I can use Payment in Leu of Notice to claim points.

Even though I have all the documentation UKBA requires for self employment such as Accountants Letter, NIC contributions, Invoice summary and actual invoices, contract letter from client and tax returns for 2012,2011,2010 and 2009; I'm intending to just make it it nice and simple by using just one source of income which is from my paid employement+ Payment in Leu upon being made redundant.

Can anyone please advise which is the best route to take on this?

It appears that you already have the answers you require to the questions you have asked here. I'm assuming that you are applying as a T1G applicant based on the comments made, even though you haven't mentioned which category you plan to apply under. If it is re-affirmation that you are after then...

1) Yes, you can use your income in lieu of notice as part of your previous earnings. So long as that amount is indicated clearly and independently from your redundancy pay (which cannot be used) and you have a bank statement which co-relates to it as a second source of evidence, I see no issues in using it. The key thing would be to make sure you have the necessary pieces of evidence and it's clear what the payment was for. Tier 1 General Guidance page 18:
102. Earnings may include, among other things:
• payment in lieu of notice (a payment made instead of requiring an employee to work the normal period of notice when leaving a job).
103. Unearned sources of income that we will not consider as previous earnings include:
• redundancy payment;
2) Yes, if you score the necessary points from your employed earnings then it would keep your application relatively straight-forward compared to including earnings from both employed and self-employed sources.

Good luck with your application.