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Dear members,

Need your valuable advice for my case below -

I am on Tier 1 general and employed but about to be made redundant by next month (proposed), and my ILR is due on Nov 2013.

When it comes to earning, I do meet the requirements.

a) Is it ok to be jobless while I am applying for ILR? I can see few questions in the application about how I support myself and my family, will there be a chance of rejection under these grounds even if I show my savings?

b) As I am aware I wont add my redundancy pay in previous earnings, but not sure if the leave encashment can be added or not?

Please provide your inputs on the above.

Thanks and Regards
Lava2013

lava2013 wrote:Dear members,

Need your valuable advice for my case below -

I am on Tier 1 general and employed but about to be made redundant by next month (proposed), and my ILR is due on Nov 2013.

When it comes to earning, I do meet the requirements.

a) Is it ok to be jobless while I am applying for ILR? I can see few questions in the application about how I support myself and my family, will there be a chance of rejection under these grounds even if I show my savings?

b) As I am aware I wont add my redundancy pay in previous earnings, but not sure if the leave encashment can be added or not?

Please provide your inputs on the above.

Thanks and Regards
Lava2013

For Tier 1, there is no rrquirement to be in emoloyment as long as you have enough points for ILR.

not sure about redundancy package, some expert will advice you on that.

Thanks for responding.
Its a relief .

Can somebody help me out in question (b) please.

As far as my common sense says, anything that is paid to you is your salary. If may even want to add you redundancy package or garden leave you may get as it is subject to tax and ni hence it is an income.

The answer to how will you support you and your family is that you may have some savings, your partner may be working, and you will find a new job in due course or if you have job offer in hand that will be help ful as well. However this is not a requirement, but just to clarify to UKBA if they ask.

neoseal wrote:As far as my common sense says, anything that is paid to you is your salary. If may even want to add you redundancy package or garden leave you may get as it is subject to tax and ni hence it is an income.

The answer to how will you support you and your family is that you may have some savings, your partner may be working, and you will find a new job in due course or if you have job offer in hand that will be help ful as well. However this is not a requirement, but just to clarify to UKBA if they ask.

Thanks for the response

As per Appendix A of the immigration rules:

Redundancy pay is not counted as income:

26. Earnings do not include unearned sources of income, such as:
...
(i) redundancy payment

Holiday pay is counted as income:

23. Earnings include, but are not limited to:
...
(h) payments in lieu of notice.

(Do note however I am NOT an expert!)

thanks katwmn6 for pointing out, the redundancy package will have various elements like certain months salary in ratio of number of years worked etc, garden leave, sick pay entitlement, holiday pay etc....

I think only the salary ratio will not be counted as income, the rest may be.

However you say that you anyway do not need redundancy pay to be added to salary. Don't add. Make a table of gross income and net income of the qualifying period.

Some expert advise needed.

Note cs95tdg's (guru) response here:

you can use your income in lieu of notice as part of your previous earnings. So long as that amount is indicated clearly and independently from your redundancy pay (which cannot be used)

katwmn6 wrote:As per Appendix A of the immigration rules:

Redundancy pay is not counted as income:

26. Earnings do not include unearned sources of income, such as:
...
(i) redundancy payment

Holiday pay is counted as income:

23. Earnings include, but are not limited to:
...
(h) payments in lieu of notice.

(Do note however I am NOT an expert!)

Thanks for the response mate.

Below is my understanding, correct me if wrong.

1. notice period in which I don't have to work but paid is termed as payment of lieu and as you mentioned that's acceptable.

2. statuary redundancy payment is non-taxable and not allowed to add as income. And im not going to add this.

3. My employee makes me redundant by end of 8th month, by this time I am eligible to take 13 days leave (total leaves allowed per year is 20). But I haven't taken any leaves so this will be encashed. what about this money, can I show it as income?

my thought reg (3) is - since this is taxable this can be added but not sure about it. some senior members/experts need to advice