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T1 General to ILR - Clarifications needed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

T1 General to ILR - Clarifications needed

Post by santhoap » Fri Mar 04, 2016 7:18 pm

Hi All, I am applying for ILR from Tier 1 General route. During my completion of 4 th year, I lost my job and jobless for 2 months. Then I started my limited company and earning through the company assignments. I am waiting for my required earnings to get eligible score for ILR. My questions are :
1. Will there be any issue due to jobless for 2 months ?
2. Should I need to attach P60 for all 5 years ?
3. Should I need to attach letter from my previous employer regarding paid leaves?
4. For myself, to meet english requirement, can I show bachelor degree in english rather than master degree. Since I do not have certification of trained in english for master degree.
5. For my wife, she has certificate that proves master degree taught in english. Is she need to any english language exam?
I thank in advance for your kind help.

Best Regards,
Santhosh

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 1:38 pm

Re: T1 General to ILR - Clarifications needed

Post by RRSB2012 » Fri Mar 04, 2016 11:43 pm

1. There shouldn't be any issue as far as you meet the income threshold for ILR.
2. P60s are not a must. All you need is to prove your earnings from 2 independent sources. If you are operating your own Company or Self-Employment, then you will need to pay income tax and submit self assessment returns.
3. Yes, if possible. If it is not possible to obtain letter from ex-employer, then you can provide a letter yourself explaining the absences.
4. You can use your bachelor's degree provided you can make the total points required. I am assuming here that your bachelors degree is recognized by UK NARIC and is recognized as being taught in English.
5. No.

Hope this helps
Cheers
R

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

English Language Requirement and UK NARIC new Certificate

Post by santhoap » Wed Apr 20, 2016 11:53 pm

Hi All, I need to apply ILR in next week. For English Language Requirement, should I need to attach the new certificate from UK NARIC which is called "VisasAndNationality" . I have already received ELA certificate for the degree but I do not have Statement of Comparability. When I see SET - O form it looks like it requires both ( SOC & ELA ) or "VisasAndNationality". Can anyone who got ILR in PEO with out of UK degree respond me asap....Thanks in advance.

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Re: English Language Requirement and UK NARIC new Certificat

Post by santhoap » Thu Apr 21, 2016 9:46 am

Any response from friends who cleared thru PEO after 6th April... Gurus , please let me know your thoughts..

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Shortage in Threshold of Previous Earnings for ILR

Post by santhoap » Sat Apr 23, 2016 9:54 am

Hi, I am applying for ILR...During my fourth year stay, I lost my job and jobless for 2 months. Then I started my limited company. All my earnings credited through my limited company after almost 2 months due to delay in creating business account by the bank. Hence I am shortage of £2000 of my limit during the year 4 of my stay in UK. So my question is for ILR, whether the CW checks the earning of only last 12-15 months or will they check how much I was earning in past 5 years... If anyone got ILR approved even though they earned less than threshold in their past 5 years.... Your response is highly appreciated....Thanks.

geriatrix
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Location: does it matter?
United Kingdom

Re: T1 General to ILR - Clarifications needed

Post by geriatrix » Sat Apr 23, 2016 11:08 am

Keep your ILR queries in a single topic.

Have you made an effort to read the FAQs already available in the forum? Please do.
Life isn't fair, but you can be!

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 1:38 pm

Re: T1 General to ILR - Clarifications needed

Post by RRSB2012 » Sun Apr 24, 2016 11:59 am

Santhoap,

Sorry for a late response.

Earnings in last 12-15 months do matter. You need to prove your earnings in last 12 of 15 month period to earn enough points required for your. Total of your points score from Earning, Qualification, Age and UK Experience should meet the required total points criteria. For instance if you score less on Earnings but your age or qualification can give your more points, then its ok.

In my opinion, Your earning in Year 4 would not matter (as far as the earnings disclosed to UKVI and HMRC are same and taxes have been paid). Points will be calculated on the earnings in last 12-15 month period.

Hope this helps.
R

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Tier 1 General to ILR - Earned lesser salary in 4th year

Post by santhoap » Wed May 11, 2016 3:07 pm

Hi, I am applying for ILR via Tier 1 General visa. During my 4th year stay, I lost my job and I was jobless for 2 months. I got my last visa extension just before loosing my job. After that I started my limited company and all my invoices paid after 2 months due to delay in getting my business bank account. The problem is I was showing £36000 as my annual salary for my initial application and in my extensions. In my 4th year stay 2014-2015, I have earned only £28500 and I got redundancy settlement as £8000. Could someone clarify whether my ILr will be rejected if I mention £28500 in my 4th year annual salary (I need atleast £35000 to get 75 points). If so can I add £8000 as my income and I pay tax for income £36500 now ? Please help me , I need to apply this week in PEO. Thanks a lot.

O_Relly
Senior Member
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Re: Tier 1 General to ILR - Earned lesser salary in 4th year

Post by O_Relly » Wed May 11, 2016 3:53 pm

Unfortunately, you can't treat redundancy pament as earnings. Read point 101 from pg.21 of the policy guidance.
Cheers,
OR

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Re: Tier 1 General to ILR - Earned lesser salary in 4th year

Post by santhoap » Wed May 11, 2016 4:21 pm

Thank you for the quick response. Whether my application will be rejected due to lesser salary ?

O_Relly
Senior Member
Posts: 847
Joined: Mon May 23, 2011 5:22 pm

Re: Tier 1 General to ILR - Earned lesser salary in 4th year

Post by O_Relly » Wed May 11, 2016 7:42 pm

Yes, am afraid so. Not satisfying the earnings criteria are grounds for refusal.

Are you absolutely sure you need £35 K for satisfying the salary criteria ?

What is the date of your 1st successful T1G application ?

If you were part of the old rules table (prior to 6th April 2010), then check the earnings table [pg 10, T1G policy guidance] to make sure how many points you need to make 75 points.

For example, if you have a Masters degree, and you were either 28 or 29 years of age at the time of application, then,

Masters degree = 35 points
Age (28 or 29) = 10 points
UK experience = 5 points
Earnings = 25 points [26,000- £28,999.99]

Good Luck.
Cheers,
OR

sunymalik
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Location: LUTON

Re: T1 General to ILR - Clarifications needed

Post by sunymalik » Wed May 11, 2016 10:54 pm

If you dnt mind to anwer my question coz your statement is confusing....

Have you shown in extension 35k to HO and 28K to HMRC?
Are you confused that in all 5 years income has to be same?

You have lost your job in year 4 but you got visa in year 1 and year 3 respectively....

Now you have to show same income 35k or watevr according to the points you will claim...

Year 4 income wil not be count...doesnt matter in year 4 you were earning less or more.....it only does matter if you have shown 35k to HO and 28k HMRC during your extension..than there are more chances of refusal....

santhoap
Junior Member
Posts: 61
Joined: Tue Jan 25, 2011 11:03 pm

Re: T1 General to ILR - Clarifications needed

Post by santhoap » Thu May 12, 2016 10:04 am

Thank you everyone for your kind reply. I too believe 4th year salary will not be treated to qualify ILR. Basically I got the last extension then I lost my job hence I have done same salary declaration to both HMRC and UKVI till that extension application. I have called UKVI and confirmed that only the 12 months of last 15 months earnings will be considered for the application. I have sent a mail to UKVI to confirm this. I will update it later. Thanks to all.

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