Changes from Apr 2011

[pareshbhurke]

Hi Guys,

My Tier 1 (General) extension is due. I came across following on UKBA website so I want to play safe while claiming point for income:

Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*



I have filled up form but wanted to confirm certain details:

- I am self employed and if I claim points for earnings from 12 months then I get 45 points and it takes total points to 95! Is it fine if I claim points for lesser period than 12 months and try to fall in the band of 25 points which will make the total of exact 75 points?

- In my initial application, though I had Masters degree, I claimed points for Bachelors. Reason, I didnt have certificate in hand and I was anyway eligible with Bachelors degree. Can I claim more points by declaring Masters degree this time?

Thanks for reading.

Parry

[pgaitonde]

Hi Guys,

My Tier 1 (General) extension is due. I came across following on UKBA website so I want to play safe while claiming point for income:

Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*



I have filled up form but wanted to confirm certain details:

- I am self employed and if I claim points for earnings from 12 months then I get 45 points and it takes total points to 95! Is it fine if I claim points for lesser period than 12 months and try to fall in the band of 25 points which will make the total of exact 75 points?

- In my initial application, though I had Masters degree, I claimed points for Bachelors. Reason, I didnt have certificate in hand and I was anyway eligible with Bachelors degree. Can I claim more points by declaring Masters degree this time?

Thanks for reading.

Parry

Yes you can claim points with ur masters degree and and it is not mandatory for u to show earnings for 12 months...if you gain points with ur 6 to 8 months earnings then it is sufficient..UKBA wants earnings for last 15 months to claim points..

[jason23]

You can but why reach the minimum points if you are eligible for more. I would suggest claiming all the points that your are eligible for.

[pgaitonde]

You can but why reach the minimum points if you are eligible for more. I would suggest claiming all the points that your are eligible for.

Thats correct Jason..

[pareshbhurke]

You can but why reach the minimum points if you are eligible for more. I would suggest claiming all the points that your are eligible for.

Hi Jason,

I want to claim minimum required points for Earnings because it looks like rules are going to change from April 2011 for *settlement* and following point is bothering me..

"Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.* "

I work as consultant and cannot guarantee that I will earn same income in future. So I think its better to keep low profile.

Any advantages of claiming more than 75 points? I dont think so!

Parry

[pgaitonde]

You can but why reach the minimum points if you are eligible for more. I would suggest claiming all the points that your are eligible for.

Hi Jason,

I want to claim minimum required points for Earnings because it looks like rules are going to change from April 2011 for *settlement* and following point is bothering me..

"Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.* "

I work as consultant and cannot guarantee that I will earn same income in future. So I think its better to keep low profile.

Any advantages of claiming more than 75 points? I dont think so!

Parry

What do you mean by keeping low profile...
if you claim more points then you should show that because there is no harm in it..there is no connection of rule change with ur application..

[goldfish]

You make a very good point and it depends what they mean by that one sentence (which is a plan rather than an actual set of new rules).

There are two ways (possibly more) to interpret the stated intention. The first would be that a Tier 1 applying for settlement must show the same earnings as they individually showed on the previous extension. The second would be that the same earnings criteria apply as at the last extension, ie you could be in a different band provided you are still meet the minimum points (eg, you may have additional qualifications which give you more points so require fewer points from your earnings).

I suspect that they have not thought through the detail and how they will implement the rules yet - we won't know what they are until the new rules are published (keep in mind a couple of years ago the proposal was for "earned citizenship" which is now gone).

In contrast, the current extension rules are definite and specific. If I was applying for an extension, I'd aim to maximise my chances of getting an extension (ie, claim maximum points) and deal with settlement when and if that occurs, based on the rules at the time. But that's a personal decision.

[pareshbhurke]

Thanks for your genuine replies.

Its a major decision i believe..

I will do one thing. I will try to call Home Office and get answer. I am sure they are not in position to elaborate on that point.. but will try..

[jason23]

Well in my opinion you will need to meet the minimum criteria. That has always been the case. But if you are confident that 75 will be met and your application is safe then you could try what you are saying although personally I can't see them expecting you to meet the points you last reached , more likely the minimum criteria when you last applied.

[pareshbhurke]

Guys,

I had a word with advisor from Home Office. Of course, she could not give a definite answer as the rules are not yet on the paper. From the conversation I had I can say following:

For extension, claim points for minimum but required earnings. Coz at the time of Settlement I may have to show minimum that much income. This is very important for Self employed people on Tier 1 visa as you can never predict how much you will earn in future. I had a good run this year but cant guarantee about future. So I am going to claim only 25 points instead of 45. Thats final.

It makes sense to claim max points if there is any chance that points based system would be introduced for settlement. But that doesnt seem to happen.

Apart from that, I remember reading on this forum that such rule already exists in Intra Company Transfer visa procedures that you cant show lower income than before for extending visa.

I hope this helps all. Do let me know if you have any other updates.

[pareshbhurke]

You can but why reach the minimum points if you are eligible for more. I would suggest claiming all the points that your are eligible for.

Hi Jason,

I want to claim minimum required points for Earnings because it looks like rules are going to change from April 2011 for *settlement* and following point is bothering me..

"Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.* "

I work as consultant and cannot guarantee that I will earn same income in future. So I think its better to keep low profile.

Any advantages of claiming more than 75 points? I dont think so!

Parry

What do you mean by keeping low profile...
if you claim more points then you should show that because there is no harm in it..there is no connection of rule change with ur application..

By keeping low profile I meant, not to be aggressive on disclosing income when I know the rule change related to this is round the corner.

[mtuckersa]

pareshbhurke I am in a similiar situation I can claim points for extension using earnings criteria of £35,000-£39,999 (40 points) to get my 75 points rather than use the >£40,000 (45 points).

I am going to use the minimum criteria and only submit the payslips that get me to £35k

If you meet all the requirements they can not refuse your extension, BUT at least you know for ILR that you only need that same earnings criteria (£35k in this case).

By submitting payslips for £50k, £60k or £70+ just seems to me like you are potentially shooting yourself in the foot when it comes to ILR application.

I would play it safe and go with minimum criteria in your case 25 points

[mtuckersa]

sometimes you have to use the current rules to your advantage so that if they do change the rules then you have some room to manoeuvre

[goldfish]

Thanks for sharing the info you received Parry, much appreciated.

[pareshbhurke]

pareshbhurke I am in a similiar situation I can claim points for extension using earnings criteria of £35,000-£39,999 (40 points) to get my 75 points rather than use the >£40,000 (45 points).

I am going to use the minimum criteria and only submit the payslips that get me to £35k

If you meet all the requirements they can not refuse your extension, BUT at least you know for ILR that you only need that same earnings criteria (£35k in this case).

By submitting payslips for £50k, £60k or £70+ just seems to me like you are potentially shooting yourself in the foot when it comes to ILR application.

I would play it safe and go with minimum criteria in your case 25 points

Thanks mtuckersa! I agree with your view and I hope it works for us. All the best.

[push]

pareshbhurke I am in a similiar situation I can claim points for extension using earnings criteria of £35,000-£39,999 (40 points) to get my 75 points rather than use the >£40,000 (45 points).

I am going to use the minimum criteria and only submit the payslips that get me to £35k

If you meet all the requirements they can not refuse your extension, BUT at least you know for ILR that you only need that same earnings criteria (£35k in this case).

By submitting payslips for £50k, £60k or £70+ just seems to me like you are potentially shooting yourself in the foot when it comes to ILR application.

I would play it safe and go with minimum criteria in your case 25 points

You seriously believe that one person could qualify with just £35k as salary but other wouldn't even if his earnings were £40K when it came to extension because his original application was approved on the basis of evidence provided for £50k?

[mtuckersa]

pareshbhurke I am in a similiar situation I can claim points for extension using earnings criteria of £35,000-£39,999 (40 points) to get my 75 points rather than use the >£40,000 (45 points).

I am going to use the minimum criteria and only submit the payslips that get me to £35k

If you meet all the requirements they can not refuse your extension, BUT at least you know for ILR that you only need that same earnings criteria (£35k in this case).

By submitting payslips for £50k, £60k or £70+ just seems to me like you are potentially shooting yourself in the foot when it comes to ILR application.

I would play it safe and go with minimum criteria in your case 25 points

You seriously believe that one person could qualify with just £35k as salary but other wouldn't even if his earnings were £40K when it came to extension because his original application was approved on the basis of evidence provided for £50k?

we seem to be talking past one another.

its simple I came in on points for earnings greater than £40k and got 45 points, I now score an additional 5 points for experience and so only need 40points in earnings which is £35-£40k, I do not earn £35k in past 12 months but instead more like double that. I am not going to submit 12 payslips to show my full annual salary, so that when I apply for ILR I need to show same salary again, I would rather show just £35k or 6 months payslips for my extension.

Note I came in on Tier 1 rules that were in force in March 2008

[pareshbhurke]

pareshbhurke I am in a similiar situation I can claim points for extension using earnings criteria of £35,000-£39,999 (40 points) to get my 75 points rather than use the >£40,000 (45 points).

I am going to use the minimum criteria and only submit the payslips that get me to £35k

If you meet all the requirements they can not refuse your extension, BUT at least you know for ILR that you only need that same earnings criteria (£35k in this case).

By submitting payslips for £50k, £60k or £70+ just seems to me like you are potentially shooting yourself in the foot when it comes to ILR application.

I would play it safe and go with minimum criteria in your case 25 points

You seriously believe that one person could qualify with just £35k as salary but other wouldn't even if his earnings were £40K when it came to extension because his original application was approved on the basis of evidence provided for £50k?

push I know it sounds wierd. I think it would be best if they make provision of transitional arrangements for those who extended before April 2011.

And Yes. I would say thats believable. Because technically someone can afford to extend the Tier 1 visa @ lesser salary only if he/she is young and highly qualified. And thats exactly what probably Home Office targets to achieve. Older and less qualified person will have no other option than to claim points for salary.

May be I am wrong but thats my interpretation. Only time will reveal the facts.

[mtuckersa]

reading pareshbhurke post and discussion from HO, it appears that HO are telling him to only submit for minimum requirements and not necessarily for salary.

the fact that you can get the 75 points with a lower earnings and higher degree OR lower degree and higher earnings is irrelevant. HO are eluding to the fact that you need to show same earnings as what you last applied for in your extension in order to get ILR.

So if someone applied and used 45 points for earnings and they only needed say 35 points to get the 75 points then they run the risk of having to proof those earnings again.

I don't totally agree with this system but that is how I read it and how HO response is explaining it to go with minimum requirement to get 75 points only.

[tipu20]

Hi Guys,

My Tier 1 (General) extension is due. I came across following on UKBA website so I want to play safe while claiming point for income:

Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*



I have filled up form but wanted to confirm certain details:

- I am self employed and if I claim points for earnings from 12 months then I get 45 points and it takes total points to 95! Is it fine if I claim points for lesser period than 12 months and try to fall in the band of 25 points which will make the total of exact 75 points?

- In my initial application, though I had Masters degree, I claimed points for Bachelors. Reason, I didnt have certificate in hand and I was anyway eligible with Bachelors degree. Can I claim more points by declaring Masters degree this time?

Thanks for reading.

Parry

You are all missing the point, it's income criteria that applied when they last extended their permission to stay . Not Amount of income shown at last extention.

[pareshbhurke]

Hi Guys,

My Tier 1 (General) extension is due. I came across following on UKBA website so I want to play safe while claiming point for income:

Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*



I have filled up form but wanted to confirm certain details:

- I am self employed and if I claim points for earnings from 12 months then I get 45 points and it takes total points to 95! Is it fine if I claim points for lesser period than 12 months and try to fall in the band of 25 points which will make the total of exact 75 points?

- In my initial application, though I had Masters degree, I claimed points for Bachelors. Reason, I didnt have certificate in hand and I was anyway eligible with Bachelors degree. Can I claim more points by declaring Masters degree this time?

Thanks for reading.

Parry

You are all missing the point, it's income criteria that applied when they last extended their permission to stay . Not Amount of income shown at last extention.

tipu20 Income criteria is made up of amount of income itself. Isnt it?

[sun_ksh]

Does this mean that if I claim 40 points now by showing 36000 pound income for my extension application- applying on 15 Feb 2011 , I need to show the same 36000 pound income for the ILR which is due on Sep 2011.

£35,000-£39,999 40 points for extension applications


My bank statements which I will be sending for 12 month period now shows 70000 earning as a result of dividend withdrawn from LAST years reserve funds. But I wont be claiming full 70K NOW because this additional dividend is not earned from the net profit of the company activities during the period I am claiming for.

[hsmp2tier1]

Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*

Where is this on the UKBA site.Please can you post the link.

[mtuckersa]

Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*

Where is this on the UKBA site.Please can you post the link.

http://www.ukba.homeoffice.gov.uk/sitec ... ual-limits

scroll to bottom under settlement

[pareshbhurke]

Does this mean that if I claim 40 points now by showing 36000 pound income for my extension application- applying on 15 Feb 2011 , I need to show the same 36000 pound income for the ILR which is due on Sep 2011.

£35,000-£39,999 40 points for extension applications


My bank statements which I will be sending for 12 month period now shows 70000 earning as a result of dividend withdrawn from LAST years reserve funds. But I wont be claiming full 70K NOW because this additional dividend is not earned from the net profit of the company activities during the period I am claiming for.

Yes. Thats what we have concluded from the statement on UKBA website. But no one can guarantee.