Tier 1(G) to ILR (Bad Earning Year between Extension & ILR)

[tangocharlieroger]

Hi,
I need an advice if anyone can suggest me what to do...

In july 2010 i got my first tier 1 visa for 2 years and then in 2012, i got 3 years extension. I need 35k income.

My ILR is due in later half of this year (2015), and i shall be able to prove £35k earning (100%) through salary income, (for my intended claim period) which is --> (Oct14-Sep14).

At the time of extension, (July 2012), i was able to get 3 years extension by showing £35k (around 35% by salary employment and 65% through self employment, as i was able to get few small working projects during those days). Half of the self employment was filed during tax year of 2011-12 (on 31jan2013), and remaining i filed last year (31-jan-14). in short what so ever the income i showed at the time of my extension, i paid the full tax of 35k.

During the tax year (2013-14) [which is April13 to Mar14], which is to be filed on 31-jan-2015 , my income fall , far below than 35k, because first i lost my job, and then it wasnt a good year to get projects through self employment, in total i earned around 15k only, 98% of this amount is employed salary.

To make it a bit simpler, at the time of applying for ILR, can this bad year (2013-14) with income around 15k (when i need to threshold of 35k) can effect my ILR case?

Can Home Office make any troubles as to why your income fall in between your extension and ILR (3rd and 4th year of your stay)
OR
35k is ONLY to be proved during last 12 month (1), before extension (2) before ilr. and they are not bothered if salary fall during any middle years.

Just to mention, 15 months before my Tier 1 visa is to expire, i got job which is 35k+ and i shall be able to show whole 35k through my salary slips at the time of my ILR in Sep/Oct 2015, its just i am a bit concerned about one of the bad financial year in between my extension and ILR.
Please help/advice me ! (if possible, suggest me something with any refernce).
Your advice will be appreciated.
Cheers

[ram80]

In page 19 of https://www.gov.uk/government/uploads/s ... _6a_01.pdf, it is mentioned:

Earnings period we will assess
An applicant can claim points for the earnings he/she has previously made for his/her work.
The applicant can claim points for previous earnings in any single, consecutive
month period during the 15 months immediately before the date of applying.

Additionally, we will not consider evidence of earnings from a period outside the
15 months immediately before the application, except when an applicant is
claiming a period of absence for maternity or adoption related absence.

An applicant does not have to be in continuous or full
time employment during the 12 months being assessed.
An applicant may claim for a period of earnings of less than 12 months if they
have earned sufficient funds to claim the necessary points

Trust this clarifies?

[sagareva]

only the income for the 12 months period that you are claiming to score points for ILR matters, years between that don't

but you have to have some good explanation why this happened (change of field or profession, illness, etc). AND i always tell all clients, make absolute sure that everything you claimed in your Tier 1 extension application has been reported to HMRC -- even if it were in two different tax years, be prepared to show that it was all reported because they do lately check that

[tangocharlieroger]

Thanks for your detailed reply :

As per your point that everything must be reported to HMRC what so ever was showed at the time of Tier 1, let me explain in details:

At the time of my extension in July 2012 (35 k was required but i was able to produce 39k)
for extension I showed my salary claim period : (Aug-2011 to July-2012) :::

Around 11,000 from salary + 6000 from self employment (which came under tax year Apr 2011-Mar 12 --> tax was paid in full (for 17k) on 31-Jan-2013.)

Around 19,000 from self employment from april12 to july 12 which was shown during extension + remaining tax year (aug12 to apr13) which came under tax year Apr12-Mar13 --> tax was paid for over all 35k during this whole tax year. on 31-jan-2014

but my income dropped during April2013 to Mar 2014 tax year and in total i was able to earn only 15k (which i shall be filing on 31-jan-2015). so i was a bit concerned if they can demand from me, some kind of document from tax authorities that can show one of the previous bad year between my extension & ILR ? which can raise their eyebrows?
Although now i am totally out of self employment dependency, and shall be able to produce 12 months salary slips at the time of ILR for 35k (Oct14-Sep15), but this was just bothering me a bit. So shall i not worry about this at all?

[usernew123]

Hi,

Please could you let us know. What was the result for your application?
We are in same situation.