Tier 1 Extension earnings

Tier1HelpExtension · Post by **Tier1HelpExtension** » Thu Mar 01, 2012 3:55 pm

Hi All,

I am new to this forum and I need help from experts. I am on dependent visa and my wife is primary applicant. We have our extension in April 2013. At present I am working and my wife is not working. Can I show anyhow my salary on my wife name as a self-employ or limited company employee?
I have no idea about this, can anyone give some reference or link. We have 1 year left and we have to show 12 months earnings for 40000. I am not sure how much tax we have to pay and how much it will cost.

ManiKing · Post by **ManiKing** » Thu Mar 01, 2012 4:15 pm

For Visa extension, the Main applicant must show the required earnings. It does not matter whetehr the dependent work or not.

But for Maintenance you can show your account, if it a joint account with the main applicant.

Thanks,
Mani

QuickSam · Post by **QuickSam** » Thu Mar 01, 2012 4:17 pm

The point is, the main applicant can't show anybody else's salary as his/her salary else there would be couples working together at a salary of £18000 each and extending their visas with a joint income of £36000.

The Tier 1 route is based on your earnings as you are supposed to be highly skilled. If the main applicant doesn't work, it would be very difficult to get an extension unless the main applicant can get the required points for extension without any points for Salary (which I don't think, is possible).

Hope that makes sense.

Manka10 · Post by **Manka10** » Thu Mar 01, 2012 4:31 pm

Tier1HelpExtension wrote:Can I show anyhow my salary on my wife name as a self-employ or limited company employee?

that would be plain deception mate, if caught, you risk a ban.

the main applicant must be able to show the entire amount to qualify for income criteria. its immaterial whether the dependent works or not.

Also, the dependent cannot become main applicant (& vice versa) during extension

jan77 · Post by **jan77** » Thu Mar 01, 2012 6:14 pm

She needs to get herself into work by April 2012. to claim for a 12 month period .She will need to show she earned the money herself not the dependant. Sorry no two way about it.

Tier1HelpExtension · Post by **Tier1HelpExtension** » Fri Mar 02, 2012 9:41 am

Many thanks for your suggestions,

As my wife is not working now I want to register her as self-employ and show transactions in her account for 36,000 at the end with the help of an accountant/ lawyer we want to go for extension. People are saying that it is possible, but, I want to take experts suggestions. In this case legally she is going to pay NI and Tax. Please suggest.

thebionicredneck2003 · Post by **thebionicredneck2003** » Fri Mar 02, 2012 6:58 pm

As my wife is not working now I want to register her as self-employ and show transactions in her account for 36,000 at the end with the help of an accountant/ lawyer we want to go for extension. People are saying that it is possible, but, I want to take experts suggestions. In this case legally she is going to pay NI and Tax

I don't fully understand what you want people to suggest to you. If your wife is working, then she should claim earnings, if she is not working, then how can she claim earnings when she isn't?

Correct me if I am wrong, but from my understanding, what you are suggesting is fraudulent and you will most likely be found out. Whoever is giving you such bad advice will not be there with you when you both get a 10 year ban for deception.

Your wife should look for a job, maybe even 2 if possible. There is no other legal alternative, apart from getting legitimate employment or being legitimately self employed.

Hope this makes sense.

Kind Regards

shahjee11 · Post by **shahjee11** » Fri Mar 02, 2012 7:07 pm

Fully agree with the above post. This would be another case of faking the income. One has to be working in legal terms either employed or self employed, if not then how on earth you are going to qualify for an extension.

Tier1HelpExtension · Post by **Tier1HelpExtension** » Mon Mar 05, 2012 4:20 pm

Based on the expert’s suggestions, I don’t want to take any risks. After having discussion with my Employer they have given me an option that, they can make an in-country transfer so that my stay in UK on Tier 1 is counted if applied for settlement in UK if i Transferred to Tier 2.

I am not sure whether it is possible or not. Please suggest can I opt for this or not.

Background of my case is i am working as Tier 1 Dependent and my Wife (primary applicant) is not working at the moment and we have our extension is in April 2013. We are looking for PR option in future.

Manka10 · Post by **Manka10** » Mon Mar 05, 2012 4:40 pm

Tier1HelpExtension wrote:Based on the expert’s suggestions, I don’t want to take any risks. After having discussion with my Employer they have given me an option that, they can make an in-country transfer so that my stay in UK on Tier 1 is counted if applied for settlement in UK if i Transferred to Tier 2.

I am not sure whether it is possible or not. Please suggest can I opt for this or not.

Background of my case is i am working as Tier 1 Dependent and my Wife (primary applicant) is not working at the moment and we have our extension is in April 2013. We are looking for PR option in future.

I believe Tier 1 dependent stay is not counted towards settlement, if you switch to Tier 2 it will be a fresh change under new rules that will reset the ILR clock.

I think your only option to make current stay on T1 count is for the main applicant to extend

thebionicredneck2003 · Post by **thebionicredneck2003** » Mon Mar 05, 2012 8:37 pm

Tier1HelpExtension,

Maybe I am missing something out here, but if your wife is the main applicant and you have until April 2013 (over 12 months) to apply for the extension, why can't she get a job or two to try and get the earnings?

Is there a specific reason why your wife who is the main applicant can't get a job?

Kind Regards

Tier1HelpExtension · Post by **Tier1HelpExtension** » Wed Mar 07, 2012 11:29 am

Many thanks for your suggestions,

My problem is i am having one year old kid and it is difficult to opt for a job for next 6 months or so. That's why we are looking for other options.

I got response from my management saying that "an in-country transfer so that my stay in UK on Tier 1 is counted if applied for settlement in UK". But, as per the new rules experts are saying it will be reset.

could you please post me a link where can i find this information so that i will share with my management.

Post by **Greenie** » Wed Mar 07, 2012 11:43 am

Tier1HelpExtension wrote:Many thanks for your suggestions,

My problem is i am having one year old kid and it is difficult to opt for a job for next 6 months or so. That's why we are looking for other options.

I got response from my management saying that "an in-country transfer so that my stay in UK on Tier 1 is counted if applied for settlement in UK". But, as per the new rules experts are saying it will be reset.

could you please post me a link where can i find this information so that i will share with my management.

you cannot switch in country from Tier 1 dependent to Tier 2 migrant as you don't satisfy the conditions under 245HD (b).

You would need to apply from outside the UK, and you would need to be issued a restricted CoS.

The time you have spent as a Tier 1 dependent would not count towards the 5 year settlement period because you wouldn't satisfy the requirements of 245HF (c)

If you want a chance of being able to apply for settlement on the basis of your wife's Tier 1 then she needs to go out to work, (perhaps you can take over child care responsibilities, or you can look for alternative childcare).

QuickSam · Post by **QuickSam** » Wed Mar 07, 2012 12:34 pm

In my experience I have seen both partners working and the children being taken care of at a daycare center, as already suggested by Greenie.

Might be worth checking http://www.busybeeschildcare.co.uk/ and similar alternatives.

If your wife doesn't work ....you might have to say goodbye to the London dream.

Post by **Greenie** » Wed Mar 07, 2012 12:36 pm

QuickSam wrote:In my experience I have seen both partners working and the children being taken care of at a daycare center, as already suggested by Greenie.

Might be worth checking http://www.busybeeschildcare.co.uk/ and similar alternatives.

Yes but why do that when you could just falsify your wife's earnings instead?

Tier1HelpExtension · Post by **Tier1HelpExtension** » Wed Mar 07, 2012 1:10 pm

Many Thanks Greenie for your detailed explanation, but, still i ma confused.

As i am Tier 1 Dependent in both the cases

245HD(b)-
(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Tier 1 Migrant,

and

245HF(c)

(c) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 Migrant, in any combination of the following categories:

(i) as a Member of the Operational Ground Staff of an Overseas-owned Airline,

(ii) as a Minister of Religion, Missionary or Member of a Religious Order,

(iii) as a Qualifying Work Permit Holder,

(iv) as a Representative of an Overseas Business,

(v) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,

(vi) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant,

are applicable for me.

please correct me if i am wrong.

Post by **Greenie** » Wed Mar 07, 2012 1:14 pm

You do not have leave as a tier 1 migrant. You have leave as a dependent of a points based system migrant.

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