Immigrationboards.com

Hi guys

Before I pose my query, I have to let you know that I've contacted UKBA and they confirmed that overseas earnings can be shown for ILR as long as you satisfy the other requirements.

Now my questions: (I am applying for ILR on the basis of 5 year Tier 1 General)

1) Will not being in employment for the past 7 months pose a concern to my application? I am going through interview stages as I am in scientific research and they take around 4-5 months to complete the whole interview process. I've got evidence for these as well as rejection letters for some other jobs (i was rejected a couple of job offers coz the employer feared about my visa status, bad times :p). Hence I will be showing a decent amount for a couple of months in my bank account anyway.

2) I am showing only overseas earning as my previous earnings (I will lose 5 points for UK experience but I am covering those points in the earnings so that is ok). Is there any rule that I have to show any form of UK earnings aswell. I don't want to overcomplicate my application just by including some casual UK earnings just to prove the point.

3) Time outside UK: I was away for a total of 89 days on this overseas job (not in a stretch, but spanned across 5 months flying monday and returning friday or sometimes just for a day or two). And my total absence outside UK in the 5 years is 144days (42 days in the first 4 years + 102 days in the last 12 months). According to the new rules, I will be ok I guess!?

4) I am getting a letter from the overseas employer confirming the days I was outside the UK and that I was working in their overseas lab as a part of the research project. Will this letter be of any good to my application?


Finally I need to point out that I've declared my overseas salary to HMRC and since they have double taxation treaty, I don't have to pay anymore UK taxes for this income and I am getting a Foreign tax credit relief letter confirming this from HMRC aswell.

cheers

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http://www.ukba.homeoffice.gov.uk/visas ... /earnings/
The period of earnings we will assess

Earnings must be made up of 12 consecutive months and must normally fall within the 15 months before your application.

You can claim points for a 12-month period outside the 15-month period if you have been away from the workplace for a time during the last 12 months on maternity or adoption-related absence.

You do not need to be in continuous employment during the 12-month period being assessed, so:

you can claim for a period of earnings less than 12 months; and
earnings do not have to be from a single employer and can be from full-time, part-time, temporary or short-term work.

If you claim for a period that is longer than 12 months, or if you do not specify a period for assessment of earnings, we will assess the most recent 12-month period for which you have sent evidence.
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Being in unemployment as long as you have proof that you were trying isn't a problem. However your last 8 months (Last seven months you are out of work) earning is good enough to get you required points ? if yes , then in my opinion you are fine.

dk2011 wrote: Being in unemployment as long as you have proof that you were trying isn't a problem. However your last 8 months (Last seven months you are out of work) earning is good enough to get you required points ? if yes , then in my opinion you are fine.

Yes I have earned enough (overseas salary i mean= converted to UK pounds based on the usual UKBA points based calculator, currency conversions, without any uplift ratio, etc) in the allowed 15 months time (earned for 6 months prior to my present 7 month unemployment phase). I believe as long as I have enough points I will be ok. I am not getting points for UK experience points but have enough points with my earnings, age and education requirements to get me past the points threshold. thanks