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Maintaining the salary requirements for Tier 1 General ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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lella111
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Posts: 28
Joined: Mon Mar 28, 2011 4:23 pm

Maintaining the salary requirements for Tier 1 General ILR

Post by lella111 » Thu Jun 02, 2016 3:33 pm

Hello everyone,
I have seen this subject discussed in many threads, but the answer was not clear, as many people have made amendments to their tax.
I have been approved for Tier 1 General in June 2011, based on earnings of 35k.
I have extended my leave in June 2013 for a further 3 years.
My SA302 s for the last 5 years show:
2011-2012 19k
2012/2013 35k
2013/2014 35k
2014/2015 39k
2015/2016 42k
My earnings are a combination of salary & dividends, but in 2011/2012, I just took dividends.
I have not maintained the salary requirements in the 2011/2012, and I was still able to extend my stay, would this affect my application for ILR?
Thank you very much for your help.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Maintaining the salary requirements for Tier 1 General I

Post by secret.simon » Thu Jun 02, 2016 3:44 pm

So long as you met the requirements at the time of extending your leave to remain, it does not matter if your income dipped during your stay in the UK under T1G (be aware that my personal experience in this field is three years old).

The recent wave of issues reported on these forums is when the user has retrospectively amended their tax returns. Are you in a similar situation?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 4:23 pm

Re: Maintaining the salary requirements for Tier 1 General I

Post by lella111 » Thu Jun 02, 2016 3:48 pm

Thank you, no I have not amended anything, and all my company's account and my self assessments have been submitted on time, and they are accurate.

Abc499
Member
Posts: 226
Joined: Sat Apr 30, 2016 9:12 pm

Re: Maintaining the salary requirements for Tier 1 General I

Post by Abc499 » Thu Jun 02, 2016 4:54 pm

lella111 wrote:Hello everyone,

My SA302 s for the last 5 years show:
2011-2012 19k
2012/2013 35k
2013/2014 35k
2014/2015 39k
2015/2016 42k
Thank you very much for your help.
I think UKVI only see that application claiming income declared or not and will not say anything about other years. All your figures perfectly fine but what is the status on HMRC about 2010-11 because that is your initial application period but that one not mentioned here, they will look for that, the route is for 5 years but we have shown for one year before initial application so actually it starts 6 years back.

lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 4:23 pm

Re: Maintaining the salary requirements for Tier 1 General I

Post by lella111 » Thu Jun 02, 2016 6:06 pm

Hello,
Thank you for your reply.
For the earnings for the year 2010-2011, they were 35k, and I have submitted them on time for the HMRC, and it is the same amount that was shown in my initial tier 1 general application.
I am just concerned about the year 2011-2012, I am worried if I will be refused because my earnings were very low in this year.
It doesn't say anywhere in the application that I need to submit SA302 for the 5 years, but I read that people who don't take them are asked to submit them within 14 days.

Abc499
Member
Posts: 226
Joined: Sat Apr 30, 2016 9:12 pm

Re: Maintaining the salary requirements for Tier 1 General I

Post by Abc499 » Thu Jun 02, 2016 6:44 pm

lella111 wrote:Hello,
I am just concerned about the year 2011-2012, I am worried if I will be refused because my earnings were very low in this year.

It doesn't say anywhere in the application that I need to submit SA302 for the 5 years, but I read that people who don't take them are asked to submit them within 14 days.
Do not worry at all, nowhere they mention that you have to earn for the whole period above the claiming threshold. Just relax and sleep well and do update us once you its approved :D .

SA302 I do not see that in your case they will ask it, but just to satisfied yourself if you want you can get this from HMRC and keep it with you as its kind of verify for mental peace. I think your earnings claim is very much straight forward and no issue at all. yes you are correct they never mention to provide SA302 and asking when there is some issues as this is the tax document which applicant could have as evidence.

in Immigration Directorate Instructions it says
"Please note that because tax documents are usually produced at the end of a
fixed tax period they will not necessarily show the entire period for which the
applicant is claiming previous earnings unless they are for the exact period
claimed. An applicant should therefore be cautious about using these documents
unless he/she is sure they show the exact amount of earnings for which he/she is
claiming points."

So I believe for straight forward application, its better not to provide this document initially, if we are confident that all taxes paid on time correctly. But good to keep one with you getting from HMRC.

lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 4:23 pm

Re: Maintaining the salary requirements for Tier 1 General I

Post by lella111 » Thu Jun 09, 2016 4:10 am

Thank you secret.simon and Abc499 for your replies. You have given me so much courage.
I had my premium appointment today, and my ILR was granted :)
I didn't submit my SA302s for the 6 years and I wasn't asked for them. I guess because everything matched with HMRC and all my taxes have been paid.
Thank you again for your replies and the peace of mind you gave me, xx

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