Previous Earnings Help!

[renze]

Hi all,

I am new to this forum and hoping could fetch some advises for my situation.

I am currently on a Tier 2 General visa, looking to a Tier 1 application.

My concerns are:
1. I am in the relevant earnings band, but almost half of my earnings are from my off-work time.
So let's say i need to meet £40k to qualify for points, i have almost £17k wasn't from my job salary. Will these be considered as well?

2. If my given condition above failed my Tier 1 application, will my tier 2 be taken away?

3. Even if i get Tier 1, i only have a total of 4 years out of 5 needed for Permanent residency. Will we be able to extend after 2011?

I really hope someone can give some good advice here as i am not sure if i should apply for Tier 1 or stick to Tier 2.

Thank you all!

[renze]

Any help?

[geriatrix]

1. If your "off-time work" was not in breach of Tier 2 conditions of stay, then you may include the income from this off-time work to claim points.
2. If Tier 1 application is refused, your (remaining) Tier 2 leave will remain valid.
3. Hopefully yes, but in light of recent developments, you'll have to wait for UKBA to make an announcement regarding way forward (beyond April 2011) for existing Tier 1 migrants.


regards

[renze]

Hi, thanks for the reply sushdmehta. Really appreciate this.

As stated on the website:

In addition to the job specified in your certificate of sponsorship, you can do extra work if it is:
in the same profession and at the same professional level as the job specified in your certificate of sponsorship;
no more than 20 hours per week; and
outside the working hours covered by your certificate of sponsorship.

However, I am not sure if i have breached the tier 2 conditions.

Basically, i am a web developer and do not actually work on hour basis during my 'off-time work'. I would normally quote for a one off price, complete the project and get paid. So the income varies from week to week.

I have even submitted and paid my tax return to the tax office.

So i am very confused and worried how will this be considered during my Tier 1 application. Will they see this as a breach of conditions and take away my tier 2 visa if they refuse my Tier 1 application?

I am getting some good job offer to progress my career but i can't expect the new employer to wait for 3 months to sort out the sponsor certificate, then wait for my application before hiring me.

I am really in a cross-road of where i should be heading. Should i go for Tier 1 and risk my current visa being taken away or stay at my current Tier 2 visa but not able to progress with my career?

Please help, really appreciate any advice you can share.

Thank you very much.

[goldfish]

Over the period when you would be claiming earnings, what is your average hours per week from work outside your Tier 2 job?

[renze]

Hi Goldfish,

Thanks for replying.

I do not actually have a fixed/average hours, so i am not sure how will i need to declare these plus there are no hours stated in the invoices for payment.

Let me put it this way:
Let's say if my hourly rate before tax quoted was £25, then my average hours per week will be less than 20 hours per week.

But if my rate was £10, then i am definitely working more than 20 hours per week.

I know this is confusing, but i just want to make sure i am making the correct decision before applying for anything.

Anyone has experience in applying Tier 1? How do we normally declare the earnings?

Really hope you can provide me some good advices.

Thank you very much.

[geriatrix]

Another problem is that this "off-time" work appears to be self-employment, which AIUI, is not allowed under Tier 2.


regards

[renze]

Guess that means i am not allowed to declare the earnings.

Thank you.