Queries on ILR - Please answer would be very helpful

[rshelar]

I am due for ILR in an years time, I know thats long away but need to make right prep and to keep everything.

My history has been as follows

Feb 2008 - Mar 2009 - WP
Mar 2009 - Mar 2011 - Tier 1
Mar 2011 - Mar 2013 - Tier 1 ext

1. Since my current leave expires in Mar 2013, I am eligible for ILR beyond that. The current rule specifies I can apply 28 days before which means from Feb 2013. However my first leave was in Feb 2008 which was WP, does this mean I can apply in Jan 2013?

2. I have read conflicting theory about points for age. will it be the same as the first application for a Tier 1 application or based on my age at the time of ILR application? This is very important as it greatly reduces or increases my points requirement for the application.

3. Since we can show earnings for 12 months in any 15 month period, that technically means the count for ILR start 16 months before the date (15 month plus 1 month early for application). So if I am eligible in Jan 2013, does that mean I can show payslips from Oct 2011 - Oct 2012 for an application in Jan 2013?

4. If I am having a break in my employment in the 15 month period can I show payslips as follows - Jan - Apr and then Jun - Aug ?

Thanks in advance

[zahid.ali.anwar]

1. Since my current leave expires in Mar 2013, I am eligible for ILR beyond that. The current rule specifies I can apply 28 days before which means from Feb 2013. However my first leave was in Feb 2008 which was WP, does this mean I can apply in Jan 2013?

2. I have read conflicting theory about points for age. will it be the same as the first application for a Tier 1 application or based on my age at the time of ILR application? This is very important as it greatly reduces or increases my points requirement for the application.

3. Since we can show earnings for 12 months in any 15 month period, that technically means the count for ILR start 16 months before the date (15 month plus 1 month early for application). So if I am eligible in Jan 2013, does that mean I can show payslips from Oct 2011 - Oct 2012 for an application in Jan 2013?

4. If I am having a break in my employment in the 15 month period can I show payslips as follows - Jan - Apr and then Jun - Aug ?

Thanks in advance

1. You need to count 60 months from your date of first entry clearance date or Visa valid date on your WP. and then 28 days before the last visa valid till date on your Tier 1 visa. This will give you the exact date when you are eligiable for ILR

2. Your age will be the same as you were when you first applied for your Tier 1. Meaning you can claim the same points as you had, when you have applied for your Tier 1 visa.

3. For your case, it should be from Nov 2011 till Oct 2012, as Nov till Oct makes one year or 12 months.

4. The breaks in employment has nothing to do with your previous earnings, as long as you fulfill the earning criteria. Mean to say that there are people who just showed 7 months payslips and got extn or ILR. The only thing to be noted is you can not break the 12 month period.

[ssj]

you can apply in jan 2013 as you will complete 5 yeras in feb 2013. it is the 5 years continous period or 28 days before current leave expires whichever is earlier

[rshelar]

Thanks zahid and ssj.

I am aware that if I submit less than 12 months of salary slips and meet the criteria that is ok. I have done that in the past but all those had been continuos months.

I have now had a period of unemployment so if I meet the salary requirements the payslips wont be continuos months. Hope that doesnt cause any issue?

Do I also need to submit P60, if I submit the salary slip and bank statement?

[zahid.ali.anwar]

You don't need to submit P60. You can take one with you incase thay ask you for that. For the proof of earnings, payslips and bank statements are enough, provided you are not claiming any points of your self employment.

[rshelar]

Thank you zahid