*********** Is Consecutive earning necessary?

[ashokkru]

HI

I have to apply for Tier 1 Extenstion.

I have a doubt about the earning
To meet 20K - I will have to show the payment from April 2008 to March 2009 as I earn approximetly 1.5K every month.

In the last 12 months, I have not worked for AUG SEP 2008.
Even though there is a gap., the amount meets the criteria of 20K


Will this gap in my earning effect my VISA?????????


Thanks in advance

[HSMP2008_JANUARY]

You have to show continues earning for 12 months of last 15 months from the date of submitting your application. if you can earn enough point by showing just few months ( say 8 to 10 months) will also be fine provided its continues.

[push]

You have to show continues earning for 12 months of last 15 months from the date of submitting your application. if you can earn enough point by showing just few months ( say 8 to 10 months) will also be fine provided its continues.

No need for any continuity here whatsoever. Use salary earned in during 12 consecutive months during preceeding 15 months. The employment does not need to be continuous within the 12 consecutive months.

[ashokkru]

Thank you for your replies, unfortunately I am still confused.

I humbly request, seniors of the forum to reply

[maheshnair]

Hi depends on how much you earn .....


say a person needs xk to qualify .

If a person earns xk in 6 months .
He can show just 6 months of the 15 month period .

12 months is for those who cannot make it in less than that .
It is in th guidance notes ..check it .



Also :

Say if there is a break ...

say

month1 --> a
month2 --> b
month3 --> No salary
Month4 ---> c
Month5 ---> No salary
Month6 ---> d


Say a+b+c+d = xk (qualified)

So you can apply for month1 to month6 ...Break is not a problem .

So continuos 6 months



































Thanks in advance







[/quote]

[thaman]

So does this mean....when applying for ILR...if we have gap in employemet it will not be taken against us?

coz for ILR their is no salary points etc....in 5 years if I have a gap of 3 & 4 months separately i.e. not working & rest period employed...is it considered as negative?

[push]

So does this mean....when applying for ILR...if we have gap in employemet it will not be taken against us?

coz for ILR their is no salary points etc....in 5 years if I have a gap of 3 & 4 months separately i.e. not working & rest period employed...is it considered as negative?

Why are you mixing Tier-1 with ILR now? Can you please clearly state what your query is regarding ?- ILR or Tier-1

[ashokkru]

This question was original for Tier1.

[thaman]

Well the ques originally was for T1 but I dont see any issue in discussing with members the effect the scenario might have on an ILR application!

Forum is for disucssing any possible immigration topic...I am just trying to workout if the period of unemployement while on T1 will have ay effect on ILR application...which will be the case for anyone on HSMP/T1 today or tomorrow....

[push]

Well the ques originally was for T1 but I dont see any issue in discussing with members the effect the scenario might have on an ILR application!

Forum is for disucssing any possible immigration topic...I am just trying to workout if the period of unemployement while on T1 will have ay effect on ILR application...which will be the case for anyone on HSMP/T1 today or tomorrow....

I am not questioning your right to raise any question here. You are free to discuss anything relevant you want. But we need to ensure that if the person posting the original question is still seeking clarifications:

Thank you for your replies, unfortunately I am still confused. I humbly request, seniors of the forum to reply

then it is not a good idea to add a dimension to the question/discussions. The member seems to have a very basic query and when someone adds things which are very different from the original question his query might get lost in disussions on unrelated additional question.

You have complete flexibility to start a new thread, if you want.

[yasa]

HI

I have to apply for Tier 1 Extenstion.

I have a doubt about the earning
To meet 20K - I will have to show the payment from April 2008 to March 2009 as I earn approximetly 1.5K every month.

In the last 12 months, I have not worked for AUG SEP 2008.
Even though there is a gap., the amount meets the criteria of 20K


Will this gap in my earning effect my VISA?????????


Thanks in advance

nothing to worry i showed 7 months salary... gaps no problem

[nionlight]

HI

I have to apply for Tier 1 Extenstion.

I have a doubt about the earning
To meet 20K - I will have to show the payment from April 2008 to March 2009 as I earn approximetly 1.5K every month.

In the last 12 months, I have not worked for AUG SEP 2008.
Even though there is a gap., the amount meets the criteria of 20K


Will this gap in my earning effect my VISA?????????


Thanks in advance

it has to be contious months for caliming points. for example you can earn 20k in 4 months. then its fine, you can show 4 months salary which is 4 months continous without any gap in between. but you can not show for example say some salay in january and then again from june to december with a gap of few months. in your case you said, you earn around 1.5k month. then it means you need near about 12 months to claim 20k. now if there is gap in august and september then your earning point will start from october. anything before that will not be counted. now do you think you can earn enough money to claim poin from october to april? if thats the case then its fine. otherwise, you have to show atleast some amounts on those months which you were unemployed. atleasr some sort of odd jobs will do as well. but you can't be unemployed. consult with some solicitors before you send your application. dont waste money and time based on assumption. good luck.

[gotcha]

it has to be contious months for caliming points. for example you can earn 20k in 4 months. then its fine, you can show 4 months salary which is 4 months continous without any gap in between. but you can not show for example say some salay in january and then again from june to december with a gap of few months. in your case you said, you earn around 1.5k month. then it means you need near about 12 months to claim 20k. now if there is gap in august and september then your earning point will start from october. anything before that will not be counted. now do you think you can earn enough money to claim poin from october to april? if thats the case then its fine. otherwise, you have to show atleast some amounts on those months which you were unemployed. atleasr some sort of odd jobs will do as well. but you can't be unemployed. consult with some solicitors before you send your application. dont waste money and time based on assumption. good luck.

Please, don't give wrong information.

Earnings need to be from 12 continuos months out of 15. It can be from less months.

If some body is claiming earning from Jan to dec, then it's fine to pick any no of months no matter there are gaps in betn.

So one can pick Jan-Apr and gap of couple of months and then July - Dec.

[ashokkru]

I am still lost as one reply contradicts another! ':('

[gotcha]

I am still lost as one reply contradicts another! ':('

Read guidance carefully, it should clear most of your doubts.

[vagabond4life]

Check my posting in STICKY regarding case workers manual. It will explain in detail the period to be considered for Tier 1

[vagabond4life]

Reference from Case Workers Manual

Earnings must be for one consecutive period and the applicant should indicate on the application form the start and end date of the earnings period being claimed. For example, the applicant can request that we consider the first six months of the fifteen months immediately prior to their application being received. However, we cannot consider the first six months, exclude the middle three months, and include the final six months within the fifteen month period. If the applicant claims for a period outside/exceeding the twelve months out of a fifteen-month period prior to the application date, then the twelve months directly prior to the application date should be assessed.

My understanding is that even if someone claims 6 months during last 15 months, ith should be consecutive period For eg: June '08 to Nov '08 or April '08 to September '08.

One cannot claim six months as two sets of non consecutive period even if they make up six months. For eg June '08 to Aug '08 and Oct '08 to Dec '08

[maheshnair]

I am still lost as one reply contradicts another! ':('

There is a limit in somebody explaining . Are u making fun of us ?

[nionlight]

I am still lost as one reply contradicts another! ':('

There is a limit in somebody explaining . Are u making fun of us ?

he is not making fun at all. its indeed very confusing while he sees 2 different opposite answers from 2 old members here!

[maheshnair]

I am still lost as one reply contradicts another! ':('

There is a limit in somebody explaining . Are u making fun of us ?

he is not making fun at all. its indeed very confusing while he sees 2 different opposite answers from 2 old members here!

ashokkru ,

The only person who will actually help you 100 % is Yourself .
So only option not to be confused is open guidance and read carefully .
It is clearly written what is given .

Even after reading 10 times u did not understand ..get back to us .

[push]

Forget about what you have read above. Go by what gotcha has said. I will try to explain it with the followingexample:

You can claim for any 12 consecutive months falling in the last 15 months. i.e. if you apply on 1st April 2009 then you can choose the following combination of 12 months (I am just using first days of months there are a number of combinations possible):

January 1 2008 to Dec 31 2008
Feb 1 2008 to Jan 31 2009
March 1 2008 to Feb 28 2009
April 1 2008 to march 31 2009

Once you have selected the 12 consecutive month period you can chose any number (consecutive or not) of months within that 12 month period to claim points for earnings. This means that you could have gaps in your employment. If you went by replies given by some of the members, almost all those who have been or were made redundant and those who switched jobs after a break will not qualify for Tier-1.

All you need to ensure (simple rule of thumb) is - the start date of the first earnings period (first salary slip that you are using) should not be separated by more than 12 months from the last earning period (your last salary slip). At the same time the first earning period should fall with in past 15 months of the date of application.

This will be different for those who did a full time study in last 15 month/ were on Maternity/Adoption related leaves.

[vagabond4life]

Does that means in a 12 consecutive months perriod you could claim income for Month 1,2, 3 & Month 10,11,12 even if you were not employed for Months 4,5,6,7,8,9 and it still covers the required points.

below is from Case Workers Manual

Earnings must be for one consecutive period, and the applicant should indicate on the application form the start and end date of the earnings period being claimed. For example, the applicant can request that we consider the first six months of the fifteen months immediately prior to their application being received. However, we cannot consider the first six months, exclude the middle three months, and include the final six months within the fifteen month period. If the applicant claims for a period outside/exceeding the twelve months out of a fifteen-month period prior to the application date, then the twelve months directly prior to the application date should be assessed.

It is a bit ambigous as nothing is mentioned about how the income should make up for the 12 months period. If anyone with similar background has got a visa should share their experience.

Thanks

You can claim for any 12 consecutive months falling in the last 15 months. i.e. if you apply on 1st April 2009 then you can choose the following combination of 12 months (I am just using first days of months there are a number of combinations possible):

January 1 2008 to Dec 31 2008
Feb 1 2008 to Jan 31 2009
March 1 2008 to Feb 28 2009
April 1 2008 to march 31 2009

Once you have selected the 12 consecutive month period you can chose any number (consecutive or not) of months within that 12 month period to claim points for earnings. This means that you could have gaps in your employment.

[push]

Absolutely Yes. You are not reading it properly. Let me walk you through it (colour coding the response to match sections highlighted by you):

Earnings must be for one consecutive period, and the applicant should indicate on the application form the start and end date of the earnings period being claimed. For example, the applicant can request that we consider the first six months of the fifteen months immediately prior to their application being received. However, we cannot consider the first six months, exclude the middle three months, and include the final six months within the fifteen month period. If the applicant claims for a period outside/exceeding the twelve months out of a fifteen-month period prior to the application date, then the twelve months directly prior to the application date should be assessed.

one consecutive period Correct. But it talks about consecutive period and not about earnings from EVERY month of that period of 12 months. So you are free to select any period consisting of 12 consecutive months in last 15 months and claim salary for any months within that 12 month period irrespective of breaks in employment.

However, we cannot consider the first six months, exclude the middle three months, and include the final six months within the fifteen month period. Correct because if they were to allow it, the period of claim would have been (6+3+6) =15 and not 12. So although in this case the earnings have been claimed for 12 months only (6+6) these actually fall outside the permissible maximum period of 12 consecutive months.

HO would have been perfectly fine if the above example said claiming earnings for initial 6 months+no claim for 3 months+earnings for 3 months (because these add upto 12 months)

Hope this clarifies things for you. If it does not, then I think no one on the board can stop you from drawing an erroneous conclusion from straight forward guidance notes. Still in doubt? send an email to HO citing an example and satisfy yourself. As far as I am concerned, I know what I am talking about and cant argue on the point more lucidly.

[ashokkru]

Thank you very much.