Tier 1 (General) ILR

[VFF]

Hello All

I am putting together the supporting documents of my wife ILR application and have a query on the maternity period.

She took maternity from 20th July 2014 to 19th July 2015, so would like to know whether i should include July 2014 payslip or July 2015 payslip to support her earnings. Because the maternity period starts during the middle of the month not sure which month would be considered.

I am confused so thought to check with the forum members. Any advice or suggestions are highly appreciated.

Thanks
VFF

[geriatrix]

Should we assume your wife's immigration history and answer that question?

[CR001]

Should we assume your wife's immigration history and answer that question?

Tier 1 G.
http://www.immigrationboards.com/genera ... l#p1338324

[VFF]

Apologies I should have mentioned,Tier 1(G) to ILR.

[geriatrix]

The 12/15 months period allowed under Tier 1 (General) are calendar months (for example 14 January – 13 February). For ease of calculation, people use the 12 month period starting from 01 and ending at 30/31 because that's the period a payslip covers.

If you do not wish to use / are not using the maternity period for the 12 months "income assessment" period, then you will have to pro-rate the salary for the two months (July 2014 and July 2015) and use those figures accordingly. You'll probably also need to explain your calculations done in this manner to the caseworker.

[VFF]

Thank Geriatrix.

Appointment booked for next week Cardiff and there is one problem.

My wife didn't receive her P60 yet for this year (employer must provide it by 31st May) so i asked her to ring HMRC and request employment history but HMRC mentioned that they don't have any update from her employer for this year which is shocking as her employer is one of big high street retailer.

Question is can they reject her application under 322(5) or any general ground section, stating that they can't verify the information with HMRC records, as I believe Article 8 triggers in that case because I am settled spouse and we have a child who is British.

I know i am thinking too far now but thought to check before going to PSC.

Thanks
VFF

[VFF]

Hello members,

My wife received her p60 yesterday for 2015/16 so I m less worried but still HMRC say their records are not updated yet.

Appointment is on Friday hope HMRC records are updated by then but still would like to know whether HO can reject her application stating they can't verify her income for 2015/16 with HMRC records under 322(2) to 322(9) discretionary refusal.

I am settled and we have a British child so can they use discretionary against her favour.

Thanks

[VFF]

Hello Members

Paid Annual leave letter from employer. Is it mandatory?

We didn't get that letter, is it going to affect her application?

In total she was outside UK for only 80 days in the last 5 years

Thanks

[kautya]

Hello Members

Paid Annual leave letter from employer. Is it mandatory?

We didn't get that letter, is it going to affect her application?

In total she was outside UK for only 80 days in the last 5 years

Thanks

Absence letter is required only if the stay outside the country was over 28-30 days (allocated annual leave) in a consecutive 12 months period.

[secret.simon]

I might be wrong, but I believe that absence letters are required for all leave for any T2G applications (as the person is tied to a specific job and taking extra leave may contravene the terms of his employment contract), but not required for a T1G application (as they are free to structure their work in any way they think fit, provided they meet the salary requirements).

[VFF]

Hello Members

My wife got her ILR approval yesterday in Cardiff PSC.

It was very quick, Overall it took 1hr 45 minutes

Documents submitted

Fully employed, 13 payslips (Was on Maternity so prorata salary for 2 months)
Bank Statements
P60 - 6 years
HMRC letter confirming employment history
LIUK
UK Degree
Covering Letter

Thanks
VFF