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Hi,

I have a question with regards about the minimum earning threshold (about 155 Pound / Week). I have been working in higher education as a tutor and in several part-time jobs related to this sector. Since this kind of work is highly fluctuative I have earned (sometimes) a lot and sometimes nearly nothing. On annual average I earned in...

Tax Year: 2014 / 2015 => 11.600 Pound
Tax Year: 2015 / 2016 => 18.000 Pound

My question: Is the primary earning threshold strickly focused on the weekly income or is it the average weekly income? What do I need to present exactly? Is it enough to present P60 + few Payslips from the year or do I need to present every payslip from every month?

As such tests are not compliant with EU law its hard to say.

Evidence needs to be rock solid so include as much as you can to back your case.
Employer letter and/or contract if you have them.
But not every invoice or payslip.

Basti86dd wrote:Is the primary earning threshold strickly focused on the weekly income or is it the average weekly income?

For benefit claims, the 'tier 1' test as it is known is based on both the average over the three months preceding the claim and the average over the 12 months preceding exceeding the threshold. If one fails the test, then the detailed circumstances have to be examined. That is where the legal precedents have to be considered.

Thank you for your answers. I never asked or received any public funds. Does that matter for my application? I would like to go for the "workers route" an my solicitor told me that I need to have a average income for that, therefore I asked this question. So presumably it is up to the case worker? I'm not entirely sure if I can get the documents from my former employer since I worked in several positions (and partly as a typical worker). However, I paid NI ... really not sure at all about the requirements.

Basti86dd wrote:Thank you for your answers. I never asked or received any public funds. Does that matter for my application? I would like to go for the "workers route" an my solicitor told me that I need to have a average income for that, therefore I asked this question. So presumably it is up to the case worker? I'm not entirely sure if I can get the documents from my former employer since I worked in several positions (and partly as a typical worker). However, I paid NI ... really not sure at all about the requirements.

The difficulty is the test that HO uses is not compliant with EU law.
So its unclear how its applied as that is down to internal HO voodoo.
In this context, HO is a law unto themselves if you will.