ILR - Required to get same or more earnings than Tier1 Ext?

[tssivakumar]

Hello Folks,

I would like clarifications regarding permanent settlement (ILR), as I am having my PEO appointment on 18th, November, 2011.

My Case:
Entered the country on WP (12 Months) - 26th, November, 2006
Change of Employer through WP (60 Months) - 10th, October, 2007
Tier 1 General Highly Skilled Migrant - 14th, July, 2008 (Same Employer)
Tier 1 General Highly Skilled Migrant Extension - 14th, April, 2011 (Same Employer)

I have a bit of confusion about scoring for Indefinete Leave to Remain (Settlement) - SET(O).

I would like to know if there is a requirement to show to the Home Office that that our points for settlement are the same or higher than when we first applied or extended our previous visa. If my points are not the same or lesser than my previous application, but still satisfy the minimum requirement (75 points or 80 points as the case may be), would it be an issue with my application?

This is because in my case I have a variable salary. During my first application for Tier 1 , I scored 40 Points. Then during my extension phase in April, 2011, I scored 45 points because of a big bonus. And now when I calculate for my Settlement, I only get 40 points. However, I score more than the qualifying 75 or 80 points.

I seek the comments of senior members and if this would be an issue?I would also like to know any success stories of similar situation?

Many thanks,

Regards,

[geriatrix]

See FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders.

[tssivakumar]

Thanks sushdmehtha for your response. But, I did go through this FAQ before posting, and did not find any mention about my specific case.

Am I safe to assume that as long as I get the qualifying 75 or 80 points I should be fine irrespective of what my previous earning was duing previous extension?

I am very sorry to be a pain, but would just need some reassuarance in this topic.

Cheers,

[prince12]

Thanks sushdmehtha for your response. But, I did go through this FAQ before posting, and did not find any mention about my specific case.

Am I safe to assume that as long as I get the qualifying 75 or 80 points I should be fine irrespective of what my previous earning was duing previous extension?

I am very sorry to be a pain, but would just need some reassuarance in this topic.

Cheers,

Hi,

I think you should be fine as long as you get the qualifying point specified on the table applicable to you.....having said that i was in the same boat with you and was a bit worried about that so i started doing overyime and managed to just get back in the band i was when i first got the tier 1.

[tssivakumar]

Thank you Prince.

I have read all the rules in detail today as well as Case Workers Guides given in the UKBA site. It does not say anywhere about this.

So, I too presume it should be fine. Keeping fingers crossed!!!

[prince12]

Thank you Prince.

I have read all the rules in detail today as well as Case Workers Guides given in the UKBA site. It does not say anywhere about this.

So, I too presume it should be fine. Keeping fingers crossed!!!

Yeah....custom on reading through all other posts, it appears CW always asks if your salary has gone up or down and i expect answering in the negative only makes them take a closer look at income to recalculate band and total points....but that will not be a problem once you still get the required points....Good luck!!

[geriatrix]

I have read all the rules in detail today as well as Case Workers Guides given in the UKBA site. It does not say anywhere about this.

In that case I must say that you have not been reading carefully enough!

[tssivakumar]

Hi sushdmehta, Could you please please clarify. I might have missed something. Actually in my case the salary has increased, but infact the points scoring has reduced because I was offered a bonus last time.

Please could you point out the exact place this has been pointed otherwise? It is my humble request

[geriatrix]

Q - Which are the relevant guidance notes that I should refer to for self-help?
A - Points-based system, Tier 1 settlement guidance

The (linked) document explains the eligibility criteria for settlement by Tier 1 (General) migrants. If you read carefully, you will note there is "no mention" of "applicant's earnings at the time of a any previous application".

You must appreciate that only "requirements" are documented and explained, not "non-requirements".

[tssivakumar]

Thanks sushdmehta for your reply. So, to summarise, you are telling that I should be fine with my case as long as I score the minimum 75 or 80 points as the case for me. Is this right?

[tssivakumar]

Hi sushdmehta and all,

Many thanks for all your support so far.

But the good news is I think I now have my issue resolved, and have a new one

I have copies of all my application sent for extension in April 2011.

I just now checked the application I sent for my last extension and just observed that the 45 points that the Case Worker had granted me during my postal application has been by mistake. It should only be 40 points. However in both scenarios I would be eligible for my extension. I had a bonus given to me by my company, but two pay slips issued as follows:

Pay Slip 1 for March 2010
=================

Earnings
======

Basic Pay xxxx
============
Gross Pay 1
============

Deductions
========

PAYE xxxx
NI xxxx

==============
Net Pay 1
==============

For the same month, the company issued another payslip with the following information for Bonus:

Pay Slip 2 for March 2010
=================

Earnings
======

Basic Pay xxxx
Bonus Pay xxxx
============
Gross Pay 2
============

Deductions
========

PAYE xxxx
NI xxxx
Prev Paid Net Pay 1 xxxx

====================
Net Pay 2
====================

I had to provide both the payslips as the slary was credited as Net Pay 1 and Net Pay 2 in the bank. But however instead of just considering Gross Pay 2, the Case Worker had accidentally calculated Gross Pay 1 and Gross Pay 2, thus making the points to raise to 45 instead of the 40 I had claimed. The Tier 1 extension letter also states this as follows:

Points Claimed - 40 Points Awarded - 45
-You have claimed 40 points for previous earnings
-After corraborating the evdence supplied you qualified for 45 points under previous earnings.
-In line with Appendix A of the Immigration Rules, 45 points have been awarded.

Now I have a new question. Am I supposed to explain all this during my PEO Appointment? If so, will I be asked why I did not inform Home Office about this mistake earlier? And if so I am not sure what answer to give them. Honestly, I did not see and read all these letters up until today evening as the visa was already granted.

Can senior members please help me on what I am supposed to do in such a scenario? Am I supposed to communicate this to the Home Office, and if so what is the process for the same?

Thanks and sorry to be a pain!!!!

[tssivakumar]

Hello All,

I have got my ILR now. I am writing about the process I followed to sort my issue with respect to wrong points granted to me. I called the Home Office Customer Services to explain about my situation. They asked me to send a letter directly to the case worker to the address in the decision letter. I sent this by recorded signed for but no response. So, I raised this as a complaint to the Home Office. Details of how to complain is given in the website.

My case worker said that I have been sent a letter by Home Office in connection with this, but could not tell me the contents of the letter.I will post the contents of the letter as soon as I recieve it.

Regards,

TSS

[tssivakumar]

Hello All,

This was the reply I got from UKBA for my complaint:

Complaint Reference: XXXXXXXXXX

17 November 2011

Dear Mr XXXXX,

PBS TIER 1 (GENERAL) APPLICATION: COMPLAINT

Thank you for your correspondence of 8 November about the above issue.

I am sorry that you felt our service did not meet your expectations on this occasion. As requested, I have reviewed your concerns thoroughly and would like to apologise for not responding to your initial query.

I understand that your query related to the number of points you were previously awarded for your Tier 1 (General) application under the previous earnings attribute. I can confirm that we did incorrectly assess your payslips from XXX Company. When we considered the evidence we included your March wages when assessing your gross earnings but we should have calculated them as £xxxxxx and not £xxxxxxxxxxx. Consequently, we should have awarded 40 points for your previous earnings instead of the 45 points quoted in our approval letter of 14 April.

I would like to apologise for our error and inform you that this does not effect the outcome of your Tier 1 (General) application, which was correctly approved. Please find an amended approval letter attached.

If you wish to discuss your query further then please do not hesitate to contact me by telephone on xxxxxxxxxxxxxx, or by email at XXXXXXXXXXXX.

If you remain dissatisfied with your response you may ask the NEYH Customer Service Unit to undertake a review of your complaint. Please submit full details in writing using one of the following methods: fax: 0114 207 2894 or email at: NEYHCustomers@ukba.gsi.gov.uk or by post to NEYH Customer Service Unit, PO Box 3468, Sheffield S3 8WA.

We are grateful for the comments received in your correspondence and are totally committed to treating all complaints seriously and improving the service we deliver. Should you have any further queries, please do not hesitate to contact us.

In order to continue to review and improve our complaints process we would be grateful if you could complete a short online survey. It is important that we gather information about your experience of making a complaint rather than the reason for making the complaint. Please access the survey at the following link:

http://feedback.ukba.homeoffice.gov.uk

If you do not have access to a computer please contact the NEYH Customer Services Unit on 0114 207 2966 and they will send you a postal survey to complete.

Yours sincerely

XXXXXXX
Highly Skilled Team 5
UK Border Agency