My ILR queries

[tungha1979]

I am about to apply for my ILR in March 216 (around 18th March). I am not sure how to calculate the 12 consecutive months from 15 months? Can i include my earnings from December 2014 to November 2015?

Thanks

[tungha1979]

Can anyone please advise? any seniors please?

[CR001]

I am about to apply for my ILR in March 216

What is the rush for bumping the thread 3 hours after your first posting? You are only applying for ILR in 8 months time.

[Tishu123]

as per my views, yes u can use the December 2014 to November 2015 earnings if u r applying for ur ILR on 18th March 2016. But again, I would wait for some seniors/moderators to confirm this in case I am wrong.

[tungha1979]

as per my views, yes u can use the December 2014 to November 2015 earnings if u r applying for ur ILR on 18th March 2016. But again, I would wait for some seniors/moderators to confirm this in case I am wrong.

Thanks. Can any seniors please advise if this is the case and I can use my December 2014 salary slip for my ILR. I am eligible to apply for ILR anytime after 11th March 2016. I know it is bit early to ask this, but I just wanted to make sure that my earnings are in line with the threshold requirement.

Thanks

[tangocharlieroger]

yes you can....assuming that you are going to the same day service on 18th march 2016, you can show earnings paid AFTER 18th December 2014 in your bank account / as well as salary slip issue date.
18th march 2016 (minus) 15 months = 18th December 2014.
Lets say on safe side u choose 19th December 2014 as starting date of your earning period, last date of your earning period would be 18th December 2015.(19th December 2014 to 18th December 2015) All salary slips and bank statements should show the dates with in this range and you will be fine. assuming that you are attending same day appointment on 18th march.
Thanks

[tungha1979]

Thanks Tangocharlie,

My Payment Dates for Dec 2014 was 22nd Dec and for all other months it is last Friday of the month. again in Dec 2015, I will be

paid on 21st Dec (as it is Christmas and New Year time). so can i use all the below earnings? I am bit confused as the total

number of earnings will be 13 as opposed to 12 earnings which I should claim? Am i missing something here? Please see my pay

dates and it will be same date on salary slip too.

22-Dec-14
Early Payment Due to Christmas
30-Jan-15
Last Friday of the month
27-Feb-15
Last Friday of the month
27-Mar-15
Last Friday of the month
24-Apr-15
Last Friday of the month
29-May-15
Last Friday of the month
26-Jun-15
Last Friday of the month
31-Jul-15
Last Friday of the month
28-Aug-15
Last Friday of the month
25-Sep-15
Last Friday of the month
30-Oct-15
Last Friday of the month
27-Nov-15
Last Friday of the month
21-Dec-15
Early Payment Due to Christmas

My sincere apologies if I am converting an easy topic into a confusing one.

[Chase53]

Whats your current visa type and when is it expiring?

[tungha1979]

Whats your current visa type and when is it expiring?

I am on Tier 1 Gen and my visa expires 24th March 2016.

Thanks

[tungha1979]

Thanks Tangocharlie,

My Payment Dates for Dec 2014 was 22nd Dec and for all other months it is last Friday of the month. again in Dec 2015, I will be

paid on 21st Dec (as it is Christmas and New Year time). so can i use all the below earnings? I am bit confused as the total

number of earnings will be 13 as opposed to 12 earnings which I should claim? Am i missing something here? Please see my pay

dates and it will be same date on salary slip too.

22-Dec-14
Early Payment Due to Christmas
30-Jan-15
Last Friday of the month
27-Feb-15
Last Friday of the month
27-Mar-15
Last Friday of the month
24-Apr-15
Last Friday of the month
29-May-15
Last Friday of the month
26-Jun-15
Last Friday of the month
31-Jul-15
Last Friday of the month
28-Aug-15
Last Friday of the month
25-Sep-15
Last Friday of the month
30-Oct-15
Last Friday of the month
27-Nov-15
Last Friday of the month
21-Dec-15
Early Payment Due to Christmas

My sincere apologies if I am converting an easy topic into a confusing one.

Can anyone please reply to my Query?

[geriatrix]

What does the dates of payslips have to do with your earning period?

You are paid once a month, right?
That means, the payslip covers the earning period from the beginning of the month (day 1) to the end of the month (day 30 or 31, or 28 in Feb).
Now decide the 12 months you wish to use. No matter how you do the maths, you will get 12 payslips to cover this period!

[tungha1979]

What does the dates of payslips have to do with your earning period?

You are paid once a month, right?
That means, the payslip covers the earning period from the beginning of the month (day 1) to the end of the month (day 30 or 31, or 28 in Feb).
Now decide the 12 months you wish to use. No matter how you do the maths, you will get 12 payslips to cover this period!

Yes. I get paid once every month. The reason for my doubt is due to the fact that 2 OISC advisors mentioned to me that it is based on the date the salary is paid to my bank account and based on that 22nd Dec 2014 to the 21st dec 2015 is 12 months or less, so this is acceptable and I can include all the 13 payslips starting from 22nd dec 2014 to 21st dec 2015 (Inclusive). Since this is related to my ILR I dont want to take any chances and hence looking for expert opinion on this topic.

[geriatrix]

How can a person, paid monthly, have 13 payslips to cover income of 12 months??
Think and use common sense!

Did you apply for extension? The requirements with regards to earnings are "exactly" the same! Did you use 13 payslips in your extension too?

[tungha1979]

How can a person, paid monthly, have 13 payslips to cover income of 12 months??
Think and use common sense!

Did you apply for extension? The requirements with regards to earnings are "exactly" the same! Did you use 13 payslips in your extension too?

In extension i used just 11 payslips which was sufficient for cliaming the earnings threshold. I am losing the track here. advisor says it has nothing to do with the period of earning, it is based on the dates when salary is paid into the bank account and since my first salary paid date is 22nd Dec 2014 and last will be 21st Dec 2015 (which makes 13 payslips). His logic is that 22nd dec 2014 to 21st dec 2015 is 12 months and less, I can use the 13 payslips. since I also thought the same way and tried to put logic behind all this, I thought of taking expert advice here on this forum.

[geriatrix]

I have explained this in another topic that you posted your question in (for me) but guess you did not get it.

Let's try again ..... with logical, fundamental thinking and common sense.

Answer the following:
What dates of work does your salary slip issued on 22-Dec-2014 cover?
What dates of work does your salary slip issued on 21-Dec-2015 cover?

[tungha1979]

I have explained this in another topic that you posted your question in (for me) but guess you did not get it.

Let's try again ..... with logical, fundamental thinking and common sense.

Answer the following:
What dates of work does your salary slip issued on 22-Dec-2014 cover?
What dates of work does your salary slip issued on 21-Dec-2015 cover?

01st Dec 2014 onwards & 01st Dec 2015 onwards respectively.

[geriatrix]

I assume that by "onwards" you meant to state " until 31-Dec", right?

Assuming that to be true:
So when you have already taken into account the income earned between 01-Dec-2014 to 31-Dec-14 (salary slip issued on 22-Dec-14), then how can you you use the income earned between 01-Dec-15 to 31-Dec-15 (salary slip issued on 21-Dec-15) in the "12 month" period of income calculation?

01-Dec-15 is the start of the "13th month" when standing at 01-Dec-14!! And 13th month salary is not allowed.

You have to take into account earnings of 12 months (e.g - 01-Dec-14 to 31-Nov-15, or 01-Mar-14 to 28-Feb-15 or 17Sep-14 to 16-Sep-15) - irrespective of when the income you have so earned is dated (salary slip date) or deposited in your bank (the credit date shown in bank statements) in X or Y or Z number of (monthly/ weekly / fortnightly / adhoc) installments.


Now, teach the OISC advisors the same logic and tell them not to misguide their clients!

[tungha1979]

I assume that by "onwards" you meant to state " until 31-Dec", right?

Assuming that to be true:
So when you have already taken into account the income earned between 01-Dec-2014 to 31-Dec-14 (salary slip issued on 22-Dec-14), then how can you you use the income earned between 01-Dec-15 to 31-Dec-15 (salary slip issued on 21-Dec-15) in the "12 month" period of income calculation?

01-Dec-15 is the start of the "13th month" when standing at 01-Dec-14!! And 13th month salary is not allowed.

You have to take into account earnings of 12 months (e.g - 01-Dec-14 to 31-Nov-15, or 01-Mar-14 to 28-Feb-15 or 17Sep-14 to 16-Sep-15) - irrespective of when the income you have so earned is dated (salary slip date) or deposited in your bank (the credit date shown in bank statements) in X or Y or Z number of (monthly/ weekly / fortnightly / adhoc) installments.


Now, teach the OISC advisors the same logic and tell them not to misguide their clients!

@Thanks sushdmehta. It always made sense to me but somehow got confused after seeking the advice from the advisor who was recommended to me. I will claim the point for earnings as per this discussion.

[tungha1979]

Also, to confirm, am I able to use the Dec 2014 (Paid on 22nd Dec 2014) to Nov 2015 (will be paid on 27 Nov 2015)earnings when I apply for my ILR in March 2016? i am eligible to apply for ILR anytime after 13th March 2016 to 25th March 2016.

[tungha1979]

@sushdmehta; Last one from my side and it will clear my doubts. Also, to confirm, am I able to use the Dec 2014 (Paid on 22nd Dec 2014) to Nov 2015 (will be paid on 27 Nov 2015) earnings when I apply for my ILR in March 2016? i am eligible to apply for ILR anytime after 13th March 2016 to 25th March 2016. Also, Will there be any cut off date for me to apply for my ILR in March 2016 if I want to include the salary paid to me on 22nd dec 2014?

Thanks

[tungha1979]

I have explained this in another topic that you posted your question in (for me) but guess you did not get it.

Let's try again ..... with logical, fundamental thinking and common sense.

Answer the following:
What dates of work does your salary slip issued on 22-Dec-2014 cover?
What dates of work does your salary slip issued on 21-Dec-2015 cover?

Hi Sushdmehta,

I recently came across another thread on this forum where the caseworker has used the payment dates rather than the period of earnings to calculate the earnings. below is the thread in Tier 1 general thread:

Tier1 visa ext refused and appeal - Need guidance

[tungha1979]

I am struggling to get a clear picture of how the caseworker considers the earnings? is it based on the date salary is paid into the bank account or is it based on the period of work? I was under the impression that it is based on the period of work rather than the date of payment. can someone clarify this? I am getting conflicting response from every source:(

[geriatrix]

People can only suggest what the immigration rules and policy guidance state.
No one can get into a caseworker's head to tell you how he/she will interpret either and whether such interpretation is lawful or unlawful.

Perhaps, asking a clairvoyant may help.

[tungha1979]

I received the employment history for last 5 years, but it only shows the salaried income (PAYE). It does not show taxes paid for my self employment. How do i get the employment history for salaried as well as my self employment? Is there any seperate number to call and request the history for self employment? Please advise

[rfd]

You can request HMRC to send you SA302.

Btw can you also provide bit more details on what document you have received and from whom?