Does being on Sick leave for past 3 months effect ILR

[genuflexion]

Dear All,

I am eligible for ILR now on the basis of having spent 5 years in combination of HSMP and T1 (G).

My question is;

I have been off sick since past 3 months.

I know that I need to claim points for earnings in the past 12months out of 15months immediately before application date. Also, UKBA considers Gross Earnings and not Net.

Does being sick have any effect on my ILR application? Can I claim points on the basis of 'Gross Earnings' for the past 3 months I have been sick in? As I have only been paid £325/month (However, I do have good savings balance)?

Please elaborate.

Thanks very much for your time and help.

[Lucapooka]

You are scoring points for income rather than activity. If you have not been working but still have sufficient income from the overall period under consideration, you can apply.

[genuflexion]

Thanks for your response Lucapooka.

Is it just income meaning under employment Or income received?

Technically speaking, when I am sick I am not earning any income aside from £325pm Vs say Net Pay of £2000 pm.

So, sick pay is actually 16% of £2K pm.

Essentially, there is no income.

Sorry, being technical, just clarifying it further.

Thanks very much in advance for your help.

[Lucapooka]

Are you worried that you are not earning income for 3 months, or that you don't have sufficient income? The nature of your income being spread evenly over a 12 month period in the form of regular and unbroken employment is not relevant or required. You might have done 1 day's work in 12 months but been given a large pay check for that task in excess of the requirement to score points. So it does not matter that you are not working now or even at any time during the past, as long as your income is sufficiently high to score points.

[genuflexion]

Lucapooka, actually,my concern is that I wouldn't score enough points if I exclude these last 3 months.

Since, I have been off sick in these last 3 months, can I claim points for the 'Gross Earnings'?

As Guidance notes says, you can claim points on basis of Gross and not Net Earnings.

Say Sick period is Oct, Nov and Dec. The remaining Jan- Sept.

Now, when I claim points in my covering letter, I'd show Gross Earnings in each of the 12 months and add them all up at the bottom.

So in that table can I claim Gross Earnings for Oct, Nov and Dec (months I have been off sick- is there anything to stop me from adding the 'Gross Salary' for these 3 months in that table because of being sick in these months)?.

I hope I have explained it better.

Thanks very much for your help Lucapooka.

[genuflexion]

Lucapooka, please help?

Again for example; earnings in the last 12 months say £35K;

(i)- Jan - Sept = £2,917 X 9months = £26,250
(ii)- Oct - Dec (Sick)= £2917 X 3months = £8,750** (see ii below)
____________________________________________
Total Gross Earnings £35,000 p.a
____________________________________________

(ii)- My question is that is there anything to stop me claiming Gross Earnings of £8.75K in these 3 months because I was sick.

I would appreciate your help, Lucapooka?

[cs95tdg]

I take it that the real question you have is whether the sick pay you received during the last 3 months can be considered towards you previous earnings. If so, then IMHO I don't see a problem with that so long as that sick pay was paid as per the terms of your employment contact.

[cs95tdg]

Thanks for your help.

For further clarification, the guidance says UKBA considers 'Gross Earnings' towards previous earnings. Therefore my qyestion is that during those 3 months, won't my Gross Earnings count as opposed to Net Sick Pay?

For example, total payslips will show (say I am on £35Kp.a);

(i)(a)- Gross Earnings for 3 months = £2,917pm X 3mths = £8,750

(i)(b)- Net Earnings for 3 months = £325pm X 3mths = £975

I thought (i) (a) Gross Earnings will be counted towards previous earnings because Guidance says 'Gross Earnings'. This way my points will be higher.

Is this the case or (i) (b) Net Earnings/Sick Pay will be counted instead, resulting in lower points : (.

Thanks for your help Guru.

Yes, it is Gross Pay that will be considered towards your previous earnings. I'm not entirely sure why you have confused this matter, by stating Net pay in your original post - (i)b. Is there a specific reason for this? You will need evidence of the gross sick pay in form of payslips or a letter from your employer (along with bank statement(s) to match as a second source of evidence) as you would do for all other income you use towards scoring points for your previous earnings.

[genuflexion]

I appreciate your help so much cs95tdg.

The reason I mentioned (i) (b)- Net Earnings is because I was thinking that even in the months when I am sick, my 'Normal Gross Pay' would count towards my previous earnings.

However, you have just clarified, that is not the case. If you were sick you can't count 'Normal Gross Pay', it is actually your 'Gross Sick Pay' that is counted.

I have got it right now?

Sorry, but the payslip shows sick in a confusing manner.

Thanks very much for your help.

[cs95tdg]

The reason I mentioned (i) (b)- Net Earnings is because I was thinking that even in the months when I am sick, my 'Normal Gross Pay' would count towards my previous earnings.

However, you have just clarified, that is not the case. If you were sick you can't count 'Normal Gross Pay', it is actually your 'Gross Sick Pay' that is counted.

I have got it right now?

Yes correct. The key here is that you can only claim points for actual earnings you received/earned (in this case sick pay) and not what you would have otherwise received/earned if you were not sick.

[genuflexion]

Dear All,

Hope we all are keeping well there.

I am ILR (G) and have been here for 5 years. I have got 2 dependants applying with me

Actually, as mentioned earlier, I have been off sick therefore last 3 months payslips reflect mere £340 (£85/week) as I get 4 weekly salary.

Obviously, the caseworker will look at last 3 months bank statements and income going in.

Will this matter for ILR purposes? I do have good savings in my Account otherwise.

Can it jeopardise my or my dependants ILR application in any way?

Thanks in advance for your help guys.

[Lucapooka]

Yes, it is Gross Pay that will be considered towards your previous earnings. I'm not entirely sure why you have confused this matter

Furthermore, your savings (you mentioned) are not relevant; it's a points-scoring exercise based on your actual income (that includes any sick pay).

Really, if you still remain in doubt you ought to seek professional advice; how much is your peace of mind and residence in the UK actually worth to you?

[genuflexion]

Thanks for your reply Lucapooka.

This was one of the 3 major queries I had, i.e;

(1)- Sick pay counting towards Previous Earnings (which has been answered by cs95tdg).

(2)- Implications of being sick on ILR application (which you have addressed, thanks for that). However, few words of advice are sought below.

The reason I asked (2) above is because I thought the caseworker might think that the person's health and job is susceptible to risk and therefore there are far more chances of him claiming public funds (which obviously UKBA doesn't want).

And due to this the caseworker might extra questions etc

(3)- Proof of cohabitation; I do not have any bills/statements under joint name(s). Does it matter? We both have bank accounts with same address but under individual names.

Is there a requirement to have atleast one document under joint name?

Please elaborate on (2) and (3) above and that will be it.

Thanks very much for your time and help!

[techie_09]

(3)- Proof of cohabitation; I do not have any bills/statements under joint name(s). Does it matter? We both have bank accounts with same address but under individual names.

IMHO this shouldn't be a problem provided you have enough cohabitation proofs in individual names.

[genuflexion]

Thanks for your prompt response, techie_09.

Senior members, please contribute and help.

Thanks in advance

[purulingaraju2013]

Nowhere in the ILR application or in the guidance, the UKBA have mentioned that they require specific docs or the number of docs required.

So if you have any bank statements(need not be joint) for upto two years... you should be covered.

Also a letter from the GP could help...

electoral registration letters....

[genuflexion]

Hi Members,

Thanks very much for your response purulingaraju2013.

Can Senior members please validate this, for co-habitation docs?

I appreciate your help, time and efforts.