T1 (G) applicant on Sick Leave for past 2 months-ILR due

[genuflexion]

Hi All,

Hope you all are keeping well this winter (not intense yet).

As we all are aware that for T1 (G), one of the requirements is to claim points for previous earnings and the rule says any 12months out of past 15months. I also read that we claim points for Gross Salary not Net Salary.

Question:

I have been on sick leave for last 2 months and I wish to apply for ILR in Dec (end) having completed 5 yrs.

When claiming points for 12 months, can I include these 2 months when I was sick? Does being on sick leave impact the points scoring?

If I skip these 2 months (gross earnings), I won't be able to score the required points.

I would appreciae your help as I am sick and worried sick about this.

Thanks very much in advance for your time and efforts.

[Lucapooka]

You claim 12 consecutive months from the 15 month period immediately prior to the date of the application. You can't skip over the two months you were sick and use two other months (as that would make a continuous period of 14 months with two dead months in the middle; not allowed) but you can discount them if they fell at the immediate start or the immediate end of the 15 month period.

Therefore you can claim your 12 months back from November 2011 to October 2012 to discount the dead months of sick leave, but there is nothing to stop you claiming January 2012 to December 2012 (including the sick leave) if that affords you sufficient points.

[genuflexion]

Thanks for your reply Lucapooka.

You added consecutive 12 months out of last 15months before the date of application. I duly noted that.

Do you mean being on sick leave makes no difference and that I can simply add up the gross earnings for last 12 months (including these 2 months when I was on sick leave).

Please clarify.

Thanks for your time.

[Lucapooka]

Do you mean being on sick leave makes no difference and that I can simply add up the gross earnings for last 12 months (including these 2 months when I was on sick leave).

Yes, absolutely.

but there is nothing to stop you claiming January 2012 to December 2012 (including the sick leave) if that affords you sufficient points.

It's not about working; it's about income. A person may have worked one day in the past 12 months and been paid one pay check for that task. If the pay was enough to score points then that is fine.

[genuflexion]

Thanks so much for your replies- much appreciated.

Now I foresee no problem in my case.

Just wondering (highly unlikely) though if a person has been on sick leave for more than 6 months+ he will still be able to claim points for those 6 month's Gross Earnings and obtain the ILR.

This is actually a benefit to the applicant. Atleast, he is covered from ILR eligibility perspective, as long as he is getting that payslip in that shows Gross Earnings.

Cheers Lucapooka

[Lucapooka]

It's not about working; it's about income. A person may have worked one day in the past 12 months and been paid one pay check for that task. If the pay was enough to score points then that is fine.

[genuflexion]

I am with you 100%.

The rule of claiming 'Gross Earnings' goes so in our favour.

Even though the person is sick (not working - your point) and is not even earning normal Net pay. In my case £85/week, yet he can claim on the basis of 'Gross Earnings'.

In my case, I happen to be lucky that I am sick but do have a job with reasonable salary that earns me points on the basis of Gross earnings.

Cheers again, Lucapooka