WP/Tier 1 General to ILR

[RLMY]

I have a PEO appt for ILR for 3rd July on the basis of 5 years of WP+Tier1+Tier1. I need and score 75 points but my question is :
1)At the time of extension to tier 1 my earnings were 30,000 and score was 30 for that. But now it is 23700 and the score for earnings is 20. But i still qualify as i make 75 points on total. Does drop in earnings affect the ILR.
2) Can i claim earnings for a 12 months consecutive period wherein i was unemployed for a month inbetween.

many thanks for help

[cs95tdg]

1)At the time of extension to tier 1 my earnings were 30,000 and score was 30 for that. But now it is 23700 and the score for earnings is 20. But i still qualify as i make 75 points on total. Does drop in earnings affect the ILR.

No, it doesn't. So long as you score the total necessary points you will be fine.

2) Can i claim earnings for a 12 months consecutive period wherein i was unemployed for a month inbetween.

Yes you can.

[geriatrix]

Reading FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders will help.
See also Earnings period we will assess

[geriatrix]

Sorry if i am repeating things. I know most of the questions might have been answered at various points in the past. I am summarizing every thing here to make sure that what i shall be doing is right. Also because there was a slightly conflicting response from a member of standing to another similar query. And i have a few questions as well, in the end.

My circumstances :
WP : 1st Aug 2007
Tier 1 general : 23rd Nov 2008 for 3 years
Tier 1 gen extension : 21st Nov 2011 for 2 years

Points score at Tier 1 extension : 30 for earnings and total 85

Same employer since 1st aug 2007; Total absences 47 over 5 years, all paid holidays.

PEO ILR date on 10th July 2uly 2012

Total points score : 80 with earnings point of 25(April 2011 - March 2012 with an unpaid leave in July 2011)

Passed LIUK test

My questions :
1) Does every thing seem right?
2) Do i need a letter from employer?
3) What docs do i need for the period when i was on WP?
4) Do i need any proof for holidays from employers?

Many thanks for help

[geriatrix]

1. If you've read through the relevant settlement policy guidance and the FAQs, and if you score the min. points needed, then most likely yes.
2. No.
3. Copy of WP and P60s.
4. Yes, if you wish the absences to be disregarded. No, otherwise.

[RLMY]

1. If you've read through the relevant settlement policy guidance and the FAQs, and if you score at least 75 points, then most likely yes.
2. No.
3. Copy of WP and P60s.
4. Yes, if you wish the absences to be disregarded. No, otherwise.

m

Many thanks for reply which has really helped my anxiety.
Can I ask you one thing. I was on unpaid leave injuly 2011 for my exam preparation. My salary slip for the month shows a zero salary on account of deductions due to unpaid leave. I know you have said in the past that a break is not an issue. Do I need to take with me a letter from employer abt that month. Is there any possibility that it might be counted as unpaid holiday. I was in uk in that month. If you think that it might raise any doubts or issues then I wd rather use the second option of claiming earnings for 11 months from aug 2011 to june 2012. that gives me 20 points for earnings and total 75 points. Your advice wd be much appreciated. You had guided me to chapter. 6 a para 245 cd on earnings which is not explicit abt break.

[cs95tdg]

I was on unpaid leave injuly 2011 for my exam preparation. My salary slip for the month shows a zero salary on account of deductions due to unpaid leave. I know you have said in the past that a break is not an issue. Do I need to take with me a letter from employer abt that month. Is there any possibility that it might be counted as unpaid holiday. I was in uk in that month. If you think that it might raise any doubts or issues then I wd rather use the second option of claiming earnings for 11 months from aug 2011 to june 2012. that gives me 20 points for earnings and total 75 points. Your advice wd be much appreciated. You had guided me to chapter. 6 a para 245 cd on earnings which is not explicit abt break.

There are two different aspects you appear to be talking about here.

1) Previous Earnings: The rule here is that "you can claim points for previous earnings for any single, consecutive 12 month period from the 15 months immediately before this application". This does not mean you must claim earnings for a total of 12 months. You can use anything ranging between 1 & 12 months of pay as evidence for previous earnings, so long as they are within a single 12 consecutive month period (& from the 15 months immediately prior to your application). Though I don't know what consecutive month period you plan to claim points for, it's obvious that you will have to exclude the month of July 2011, as you have stated that you had no earnings for that month. As you have stated that 11 months of previous earnings will give you the points you require to qualify I don't see a problem.
Only show evidence for the months you are claiming points for. You can use a cover letter to clearly indicate your 12 consecutive month period and the months you are claiming points for & the evidence you will be providing. In my oppinion you don't really need a letter from your employer for this.

2) The second point is around absences. You are allowed a total of 180 days outside of the UK during your residency period, and any single trip should not be over 90 days. Based on what you have stated in your original post, you have only been outside of the UK for 47days. So there is nothing to worry about. Taking unpaid time off from your job to study does not come into the picture here, unless you went outside of the UK during this time.

[RLMY]

Dearcs95tdg
that was very helpful and elaborate reply. You are asking me what consecutive 12 months period i intend to claim for. I am undecided but shd appreciate if you can help me decide(Application date for ILR is 10th July). Options are :

April 2011-march 2012 ( with July 2011 zero salary) makes a total of 25 points
OR
Aug 2011-June 2012(Waiting for June 2012 salary) should make a total of 20 points

First option makes total of 80 points and second makes a total of 75 points.
Thanks

I was on unpaid leave injuly 2011 for my exam preparation. My salary slip for the month shows a zero salary on account of deductions due to unpaid leave. I know you have said in the past that a break is not an issue. Do I need to take with me a letter from employer abt that month. Is there any possibility that it might be counted as unpaid holiday. I was in uk in that month. If you think that it might raise any doubts or issues then I wd rather use the second option of claiming earnings for 11 months from aug 2011 to june 2012. that gives me 20 points for earnings and total 75 points. Your advice wd be much appreciated. You had guided me to chapter. 6 a para 245 cd on earnings which is not explicit abt break.

There are two different aspects you appear to be talking about here.

1) Previous Earnings: The rule here is that "you can claim points for previous earnings for any single, consecutive 12 month period from the 15 months immediately before this application". This does not mean you must claim earnings for a total of 12 months. You can use anything ranging between 1 & 12 months of pay as evidence for previous earnings, so long as they are within a single 12 consecutive month period (& from the 15 months immediately prior to your application). Though I don't know what consecutive month period you plan to claim points for, it's obvious that you will have to exclude the month of July 2011, as you have stated that you had no earnings for that month. As you have stated that 11 months of previous earnings will give you the points you require to qualify I don't see a problem.
Only show evidence for the months you are claiming points for. You can use a cover letter to clearly indicate your 12 consecutive month period and the months you are claiming points for & the evidence you will be providing. In my oppinion you don't really need a letter from your employer for this.

2) The second point is around absences. You are allowed a total of 180 days outside of the UK during your residency period, and any single trip should not be over 90 days. Based on what you have stated in your original post, you have only been outside of the UK for 47days. So there is nothing to worry about. Taking unpaid time off from your job to study does not come into the picture here, unless you went outside of the UK during this time.

[cs95tdg]

Dearcs95tdg
that was very helpful and elaborate reply. You are asking me what consecutive 12 months period i intend to claim for. I am undecided but shd appreciate if you can help me decide(Application date for ILR is 10th July). Options are :

April 2011-march 2012 ( with July 2011 zero salary) makes a total of 25 points
OR
Aug 2011-June 2012(Waiting for June 2012 salary) should make a total of 20 points

First option makes total of 80 points and second makes a total of 75 points.
Thanks

How many points do you require to qualify? This will vary depending on when you made your initial application & clearly stated in the guidance.

http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

[RLMY]

i need 75 points. Thanx

Dearcs95tdg
that was very helpful and elaborate reply. You are asking me what consecutive 12 months period i intend to claim for. I am undecided but shd appreciate if you can help me decide(Application date for ILR is 10th July). Options are :

April 2011-march 2012 ( with July 2011 zero salary) makes a total of 25 points
OR
Aug 2011-June 2012(Waiting for June 2012 salary) should make a total of 20 points

First option makes total of 80 points and second makes a total of 75 points.
Thanks

How many points do you require to qualify? This will vary depending on when you made your initial application & clearly stated in the guidance.

http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

[RLMY]

Sorry, i am waiting for ur reply.
thanx

i need 75 points. Thanx

Dearcs95tdg
that was very helpful and elaborate reply. You are asking me what consecutive 12 months period i intend to claim for. I am undecided but shd appreciate if you can help me decide(Application date for ILR is 10th July). Options are :

April 2011-march 2012 ( with July 2011 zero salary) makes a total of 25 points
OR
Aug 2011-June 2012(Waiting for June 2012 salary) should make a total of 20 points

First option makes total of 80 points and second makes a total of 75 points.
Thanks

How many points do you require to qualify? This will vary depending on when you made your initial application & clearly stated in the guidance.

http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

[cs95tdg]

I am undecided but shd appreciate if you can help me decide(Application date for ILR is 10th July). Options are :
April 2011-march 2012 ( with July 2011 zero salary) makes a total of 25 points
OR
Aug 2011-June 2012(Waiting for June 2012 salary) should make a total of 20 points

First option makes total of 80 points and second makes a total of 75 points.

How many points do you require to qualify? This will vary depending on when you made your initial application & clearly stated in the guidance.

http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

i need 75 points. Thanx

Looking at your response, I thought you had answered the question yourself. With option 1) it looks like the period you've mentioned is outside the 15 months prior to your application date (10th July).

And based on your reply above, you qualify with option 2) so I'd go with that.

[RLMY]

Thanks very much for all your help.
Am i right in thinking that in option 1 my 15 months period starts from 10th April 2011(appt date 10th July). I can therefore take 10th April 2011-10th april 2012 ( or even 1st April 2011-31st March 2012 ).
Kindly advise.

I am undecided but shd appreciate if you can help me decide(Application date for ILR is 10th July). Options are :
April 2011-march 2012 ( with July 2011 zero salary) makes a total of 25 points
OR
Aug 2011-June 2012(Waiting for June 2012 salary) should make a total of 20 points

First option makes total of 80 points and second makes a total of 75 points.

How many points do you require to qualify? This will vary depending on when you made your initial application & clearly stated in the guidance.

http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

i need 75 points. Thanx

Looking at your response, I thought you had answered the question yourself. With option 1) it looks like the period you've mentioned is outside the 15 months prior to your application date (10th July).

And based on your reply above, you qualify with option 2) so I'd go with that.

[cs95tdg]

Am i right in thinking that in option 1 my 15 months period starts from 10th April 2011(appt date 10th July).

Yes. Note but "1st April 2011-31st March 2012" is not within the 15 month period.
All you need to do here is count back 15 calendar months from your application date.

[geriatrix]

I should appreciate if the procedure regarding counting absences can be clarified with regards to following problems i am facing :
1) I have had 8 brief holidays in last 5 years total adding upto 59. But there is never any exit stamp on my passport from heathrow. Is that a norm ?
2) I went to Dublin on 28th Feb and came back on 3rd March 2012. There is just an entry stamp on Dublin on 28th Feb and nothing else- no exit from Dublin on 28th or entry on Birmingham on 3rd March. Does that sound right? How do i prove my absence here for just three days.

Thanks for help.

The UK doesn't stamp on exits. Don't worry about that. Just list your absences. If the HO wants, they have other means to verifty your travel other than the stamps in your passport.

Thanks Jumbo for your helpful reply. Can you please guide me about my second question as well_ abt my trip to Dublin. I had gone for 3 days on 28th Feb. There is only a single stamp on entry at Dublin. No exit stamp at Dublin and no entry stamp back at birmingham.

[geriatrix]

Just list your absences. If the HO wants, they have other means to verifty your travel other than the stamps in your passport.

You aren't the only applicant who has travelled within the CTA and is applying for settlement. Many do and are granted settlement, despite the "no stamp in my passport" issue. So, as suggested already, just put down the dates of travel.

On a related issue, reading this topic should be useful.

[RLMY]

Just list your absences. If the HO wants, they have other means to verifty your travel other than the stamps in your passport.

You aren't the only applicant who has travelled within the CTA and is applying for settlement. Many do and are granted settlement, despite the "no stamp in my passport" issue.

Thank you. That really helps. What it means is that my case(of not having relevant stamps) is not an aberration but a norm.