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Fluctuating Payment During Tier1 General

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

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latecommer
Newly Registered
Posts: 1
Joined: Sat Apr 09, 2016 7:53 pm

Fluctuating Payment During Tier1 General

Post by latecommer » Sat Apr 09, 2016 8:16 pm

Hi There
I am applying for ILR but I have to admit I am late on collecting documents and my Tier1 Expiring on 17th which is holiday. I have following questions.

1- I left my 5 years job mid last year and started my limited company for contracting. Can I apply for in person as I am running business and getting dividends as Director?

2- What is last date for the application if I have to send by post.


3- My salary was bit lesser than my required income but I worked extra as self-employed for meet the requirements only on the years when I applied for Tier-1 transfer from PSW and Further leave to remain on Tier 1 General. But I didnt work extra for years in between, just bit lazy. Now I meet the income requirements for this ILR, would I be able to get ILR if my income in those years was less than the required income.

4- I am missing some P60s, can I send them later if I couldnt receive them from HMRC on time.

Regards

secret.simon
Moderator
Posts: 11112
Joined: Thu Feb 21, 2013 9:29 pm

Re: Fluctuating Payment During Tier1 General

Post by secret.simon » Sun Apr 10, 2016 1:55 pm

latecommer wrote:2- What is last date for the application if I have to send by post.
Post the application by the last working day before your leave expires.
latecommer wrote:3- My salary was bit lesser than my required income but I worked extra as self-employed for meet the requirements only on the years when I applied for Tier-1 transfer from PSW and Further leave to remain on Tier 1 General. But I didnt work extra for years in between, just bit lazy. Now I meet the income requirements for this ILR, would I be able to get ILR if my income in those years was less than the required income.
While relating to naturalisation and not ILR, see similar case.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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

Re: Fluctuating Payment During Tier1 General

Post by O_Relly » Sun Apr 10, 2016 3:59 pm

latecommer wrote:Hi There
I am applying for ILR but I have to admit I am late on collecting documents and my Tier1 Expiring on 17th which is holiday. I have following questions.

1- I left my 5 years job mid last year and started my limited company for contracting. Can I apply for in person as I am running business and getting dividends as Director?
Yes you can apply in person.

2- What is last date for the application if I have to send by post.
As already answered by secret.simon, you can apply on the last day of your current visa expiry date.


3- My salary was bit lesser than my required income but I worked extra as self-employed for meet the requirements only on the years when I applied for Tier-1 transfer from PSW and Further leave to remain on Tier 1 General. But I didnt work extra for years in between, just bit lazy. Now I meet the income requirements for this ILR, would I be able to get ILR if my income in those years was less than the required income.
No problems. The requirement for Tier 1 General was you should satisfy the earnings criteria in any consecutive 12 months prior to 15 months of your visa extension application. The link secret.simon has provided also points out the same answer after a discussion.

4- I am missing some P60s, can I send them later if I couldnt receive them from HMRC on time.
P60s are not an absolute requirement, but a good to provide supporting document. No worries if you don't have it as long as you are able to provide evidence from 2 different sources (such as bank + employer). Self-employed / limited company director income is scrutinized quite thoroughly, so make sure all documentation related to self employment such as invoices/business bank statements/contractual agreements are in order.

Regards
Cheers,
OR

sharmao
Junior Member
Posts: 65
Joined: Wed Oct 20, 2010 5:36 am
Location: London
United Kingdom

Re: Fluctuating Payment During Tier1 General

Post by sharmao » Mon Apr 11, 2016 3:17 pm

1- I left my 5 years job mid last year and started my limited company for contracting. Can I apply for in person as I am running business and getting dividends as Director?
Just to answer this question, I was in the exact same situation being a permanent employee since day 1 and moved to limited company contractor last year taking only dividends. I applied on 7th March this year and got my ILR so you should be ok albeit all other things being in order.

Rest of the questions are already answered by secret.simon and O_relly

Regards,
A

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