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Hello,

I had HSMP visa from May, 2007 and then I extended my stay under Tier 1 (General) during May, 2009. At that time, my total points were 80, including Income range for £23k+.

Now, my salary is £21k+, meaning Income points of 15. I still manage to get 75 points but income is less than my last Tier 1 extension.

Does anybody applied with similar situation where salary was less than previous Tier 1 extension and granted ILR?

Any help on this will be appreciated.

MW

salaryilr wrote:income is less than my last Tier 1 extension.

Irrelevant.

sushdmehta wrote:

salaryilr wrote:income is less than my last Tier 1 extension.

Irrelevant.

Hi,

Can you please be more specific?

As I am not sure whether this applies to me or not:

http://www.ukba.homeoffice.gov.uk/sitec ... settlement

Did you get ILR under similar conditions?

Read the policy guidance and point out where it states that your income must be same / higher than when you applied for Tier 1 (General) initially.

As far as I can see, it clearly mentions in this rules change document:

http://www.ukba.homeoffice.gov.uk/sitec ... settlement

Anyway, can you or some one let me know whether anyone granted ILR with similar situation?

Thanks

Do not assume that "same income criteria" = "same / higher salary".
Reading the policy guidance will clear your doubt(s) .... should you wish to make an effort!

hi sushdmehta,

there is no need to be aggressive here. i am just trying to understand the application.

to answer your question, i did read the policy. to make it clear, this is a clear note from UKBA,

"" Amendments to the rules relating to settlement
In April 2011 changes to the Rules were made to introduce a new requirement for migrants in Tier 1 (General), Tier 2 (General), Tier 2 (Intra-Company Transfer) of the Points Based System and work permit holder categories who are applying for settlement, to demonstrate that they are continuing to meet at least the minimum income threshold which applied when they last extended their permission to stay in the UK. In practice this means that Tier 1 (General) migrants need to have the same minimum number of points as were scored at the further leave to remain stage. For Tier 2 and Work Permit migrants, their employer must certify in writing that they are being paid at or above the appropriate rate for the job as set out in codes of practice published by the United Kingdom Border Agency."

it shows clearly that though Not the same or higher Income required, if the income-range is less than previous-range, this will reduce the Total points. if reduced number of income still falls under the same Earnings range, then thats not a problem.

but, in my case, it falls to lower Points catagory. and hence, want to know if anybody had similar situation or not??

Perhaps, reading 245CD(d) and 245CD(g) will help.

sushdmehta wrote:Perhaps, reading 245CD(d) and 245CD(g) will help.

are you 100% sure if i will score 75 points for ILR SET(O), ILR will be granted. even my previous points were 80??

Is there anybody else who would like to add or suggest on this thread?

susddmehta is one of the senior and experienced member on the forum and you should listen to what he has said.

the income criteria means minimum threshold for that set of rules.
you need to score 75 points. full stop.

Hi what susddmehta trying to say is :
Change of your income level (either up or down) is not relevant as far as you score the Total points of 75 based on the same point scheme used for your TIER-1 extension.

e.g : If you extended the TIER-1 in 2009, then you must use the same Points table to calculate for ILR too.

If you get 75 from that table, you are fine for the ILR.

However if you scored points for the age at Extension, there is a chance that it may change for ILR (as age changed)

Thanks everyone.
This is very clear now.