Previous earnings and ILR

[zahid.ali.anwar]

Hi,

We know a person who came on HSMP (after Nov 2006) get his visa extended as Tier 1 General,by qualifiying the relevant previous earnings points.

Now if at the time of extension his earnings were 40K and due to recession in the following two years the earnings come down to 20K. And after changing the business in the last year he again managed to take the income back to 40K, be able to apply for ILR.

1. Do he need to show the earnings for the whole five years?

2. If he has to submit the last five years P60 and SA302, does those P60 and SA302 show that income never came down to the points scoring criteria. meaning 40K in every year.
OR

He just have to acheive the income band required for point scoring for the last year only and no questions asked about the last four years.

Please advise....

[khalidmirza]

Hi,

We know a person who came on HSMP (after Nov 2006) get his visa extended as Tier 1 General,by qualifiying the relevant previous earnings points.

Now if at the time of extension his earnings were 40K and due to recession in the following two years the earnings come down to 20K. And after changing the business in the last year he again managed to take the income back to 40K, be able to apply for ILR.

1. Do he need to show the earnings for the whole five years?

2. If he has to submit the last five years P60 and SA302, does those P60 and SA302 show that income never came down to the points scoring criteria. meaning 40K in every year.
OR



He just have to acheive the income band required for point scoring for the last year only and no questions asked about the last four years.

Please advise....

Please read immigration rules 245CD and refer Immigration Directorate Instructions chapter 6A. No where it says that all five years you should be having same salary or higher. As per rules you need to score points for last year only and though I do not agree with many forum members that salary should be higher than at the of of last extension but some case workers have insisted for higher salary than last extension. Before that what ever was your earning is immaterial

He just have to acheive the income band required for point scoring for the last year only and no questions asked about the last four years.