My case - simple or something complicated?

[beatallica]

Sep 2008 - I came to UK on student visa

Mar 2009 - i got a Tier 1 (General) visa (while I was still a student as I had earnings before)

Sep 2009 - I started employment in the UK with Company 1 (first time I started earning and paying taxes in the UK)

Sep 2010 - I changed job to Company 2

Mar 2012 - I got Tier 1 renewed for 2 more years

Questions:

First: There is some chat about concept of being "economically active" but my understanding is that presently, at the time of ILR application, I would just need to score 75 points and doesn't matter actually how many months in the last 5 years I have worked for as long as I meet 75 points. Is that correct? I already have 75 points for my application next year. So if I were to be fired today and just physically stay in the country so that 5 years are done, I will qualify?

Second: I haven't been out of the UK for too long since I got my Tier 1, just occasional 2/3 week holiday or weekends out out of the country. They have always been far far under 180 days in a year. Question is that as I understand I need to provide proof from employer of paid levae:

1. Does any one have format of the kind of letter employer needs to write?
2. For the beginning period of my Tier 1 when I was not in employment and out of the country, what proof do they need? Plane tickets?
3. For my employment with Company 1, I do not have any proof of holidays. Do I need to contact them to get a letter saying that the period I was on holiday when I was employed by them, it was annual leave?
4. Between Company 1 and Company 2, I had 1 month of gardening leave when I traveled outside the UK. What proof do I need to give for that? Plane tickets again?

Third: I guess my case would be considered to be straightforward and simple? Do you guys recommend hiring a lawyer to submit my application?

Thanks a lot!

[newbie_2013]

Sep 2008 - I came to UK on student visa

Mar 2009 - i got a Tier 1 (General) visa (while I was still a student as I had earnings before)

Sep 2009 - I started employment in the UK with Company 1 (first time I started earning and paying taxes in the UK)

Sep 2010 - I changed job to Company 2

Mar 2012 - I got Tier 1 renewed for 2 more years

Questions:

First: There is some chat about concept of being "economically active" but my understanding is that presently, at the time of ILR application, I would just need to score 75 points and doesn't matter actually how many months in the last 5 years I have worked for as long as I meet 75 points. Is that correct? I already have 75 points for my application next year. So if I were to be fired today and just physically stay in the country so that 5 years are done, I will qualify?

Second: I haven't been out of the UK for too long since I got my Tier 1, just occasional 2/3 week holiday or weekends out out of the country. They have always been far far under 180 days in a year. Question is that as I understand I need to provide proof from employer of paid levae:

1. Does any one have format of the kind of letter employer needs to write?
2. For the beginning period of my Tier 1 when I was not in employment and out of the country, what proof do they need? Plane tickets?
3. For my employment with Company 1, I do not have any proof of holidays. Do I need to contact them to get a letter saying that the period I was on holiday when I was employed by them, it was annual leave?
4. Between Company 1 and Company 2, I had 1 month of gardening leave when I traveled outside the UK. What proof do I need to give for that? Plane tickets again?

Third: I guess my case would be considered to be straightforward and simple? Do you guys recommend hiring a lawyer to submit my application?

Thanks a lot!

Hi

It can be understood that an ILR application is slightly daunting even if someone has all the necessary documents with them. So just be calm and think cool

a) regarding the employment query, I have the same situation. I lost my job 6 months ago due to the present economic conditions. But I have 75 points for my ILR which is due in a couple of months. I do have a lot of job interview and rejection letters which will present the evidence that I am actively seeking employment. As much worried as I am, I am still very confident that this doesnot deter the chances of getting an ILR as long as you have enough points to claim. Thinking logically, it is almost impossible for every Tier 1 applicant to be in employment in all the 5 years. There are unlucky people like me. But I am pretty sure this wont affect your ILR application, as long as you have enough points and you satisfy all the other conditions.

b) Regarding absence letters: There are loads of cases on this forum that provide evidence that as long as your absences are below 180 days, it is highly unlikely that the case worker will ask for letters. Nevertheless, it is absolutely recommended that you get the letters with your application. If you are on holiday when you are unemployed, a personal letter would suffice (may be flight details, boarding passes if you have). For holidays when you were employed, it would be good if you can get letter from your previous employer confirming that the holidays you've had taken during time were paid (if you can get specific dates it is fine, but if you can get them to say like "holidays taken between 2010-2011 were paid" even that should be ok).

Regarding the template for the letter, you can find it in the sticky at the beginning of the forum. But I guess the letter is straightforward and you can make it on your own.


hope that helps.

[MP1982]

The point one got to remember is earning 75 points is a step by step process. One key factor for this is earnings. Earnings are calculated for any consecutive 12 month period with in the immediate 15 month period before the date of the ILR application.

So for example if one is applying for ILR in June 2013 they need to show earning for 12 consecutive month which could start from April 2012. The points you are claiming for could be of 12 play slips from April 2012 or less amount even if you earn a significantly high salary to earn the points one require or to earn maximum points awarded,

Scenario will be different if you fall under HSMP judiciall review batch but looking at your date of Tier 1 I think you are not in that category,

This is my undersating and got my ILR in Jan 2013. I highyl advice reading and undersatngidn the policy document,

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

--------Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional or Legal advice where necessary.

[newbie_2013]

The point one got to remember is earning 75 points is a step by step process. One key factor for this is earnings. Earnings are calculated for any consecutive 12 month period with in the immediate 15 month period before the date of the ILR application.

So for example if one is applying for ILR in June 2013 they need to show earning for 12 consecutive month which could start from April 2012. The points you are claiming for could be of 12 play slips from April 2012 or less amount even if you earn a significantly high salary to earn the points one require or to earn maximum points awarded,

Scenario will be different if you fall under HSMP judiciall review batch but looking at your date of Tier 1 I think you are not in that category,

This is my undersating and got my ILR in Jan 2013. I highyl advice reading and undersatngidn the policy document,

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

--------Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional or Legal advice where necessary.

just to followup on that. the applicant doesnt necessarily have to submit all 12 consequetive earnings. Eg: if they have enough earning in 5 consequtive months to claim the necessary points, it is considered aswell