ILR Eligibility

[Aksh]

Hello,

I am new to this forum and been reading the information. I have got few questions, appeciate your help if answered or redirected to the correct info.

1.My wife is on Tier 1 General Visa, date of first grant 01Feb09 and I am on dependent visa. She been on maternity leave last year. Just wanted to know if the SME pay that reflects on payslip along with the normal salary can be considered as an income during the eligibility period for ILR?

2. Though our visa was granted to 01Feb09 we entered UK on 01May09, exactly 89 days short of 90 days criteria and we havent been out of UK since the time of arrival. Will this effect our ILR due 01Feb14?

3.I know that the rules are going to be changed on 28/10/13. My wife and me are both graduates and work full time. Do you think that we will be asked to provide English language ability?

Please provide me with any other information that can help me in securing the ILR.

Thanks in advance.

[AksJohn]

Regarding your Question 1 only.

From SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT of SET(O) form, you can claim points for previous earnings for any single, consecutive 12 month period from the 15 months immediately before the application. Considering your current permission expires in Feb 2014, and assuming your application will be made somewhere in Jan 2014, the period you show will probably be from Jan 2013 to Dec 2013. And since your wife's maternity was last year i.e. 2012 I do not think it will need to be included.

However even if her maternity period falls in the 12 month window for claiming points for earnings, the application allows to claim for periods of maternity.

I am a newbie, and only answering this based on the extensive reading I have been doing for my application. I hope you get a reply from the moderator too.

[Aksh]

Hi John,

Thanks for the reply. Yes we will be applying for the ILR in Jan 14. However my wife was on maternity leave till Mar 13, considering this she will have 9 months from 2013 ie Apr13 till Dec13 and she need to provide the rest of the 3 months from Jan12 till Mar12. Since she is entitled to take the leave for the rest of the year, the payslip for Mar12 included salary for that month along with part of SME. I was wondering when calculating the total earning for that month, will only the salary be considered or will the SME included along with salary can be taken as income?

Regards,

Aksh.