Doubt-Previous earnings for ILR

[chopchak]

Hi , Happy new year to all of you

I am applying for my ILR on 22nd Jan 2013. My question is regading previous earnings. I have selected the period from 1 Nov'11 to 31st Oct 12 ( 12 months out of last 15 months ). Part of my income in the above period relates to 1st October 2011 to 31st March 2012 which was actually received in April 2012. Can I claim the whole income in my previous earning period or do i need to Proportionate this income and leave Oct'11 income.

The letter dated 5th April from employer confirming the income clearly says that the income relates to the period from 1st Oct 11 to 31st March 2012.

Thanks

[chopchak]

Seniors please advise

[wpilr_nov12]

I think you are eligible to claim on anything 'banked' (paid to you) during the month. In my own case, my salary is at month end, bonus paid the month after. (However as WP did not need to claim points.)

[chopchak]

Thanks, could you please advise if there is any guidance note etc is available to confirm this. I am applying my ILR on the basis of Tier-1.

Thanks

[chopchak]

Hi

Gurus please clarify. I am bit tensed. I will fall short of points if I exclude oct11 earnings which were received in Apr12.


Thanks

[cs95tdg]

I am applying for my ILR on 22nd Jan 2013. My question is regading previous earnings. I have selected the period from 1 Nov'11 to 31st Oct 12 ( 12 months out of last 15 months ).

The letter dated 5th April from employer confirming the income clearly says that the income relates to the period from 1st Oct 11 to 31st March 2012.

What letter are you referring to here? Is it the letter your employer has provided you with your monthly salary breakdown as one source of evidence for previous earnings? If a case worker were to look at that letter and the previous earnings period you state on your SET(O) application form would they go beyond the allowed 12 months? If so I'd say you have a problem. Your earnings period can only cover 12 consecutive months within the 15 months immediately prior to your application date. - And this needs to be evident for someone (i.e. a caseworker) looking at the two sources of evidence you provide as part of your ILR application.

[chopchak]

Yes I am referring to letter from employer which says that they have paid me £__ lumsum for the work i have done for the period 1st oct to 31st March without any further breakdown.

[cs95tdg]

Yes I am referring to letter from employer which says that they have paid me £__ lumsum for the work i have done for the period 1st oct to 31st March without any further breakdown.

Is this letter just for the period covering 1st Oct - 31st Mar? If so what evidence are you providing for the remaining period?

Note you need evidence from two independent sources (E.g. payslips or employer monthly salary breakdown letter for the 12 months in question AND bank statements which contain the deposits that can be cross-verified against the first source). A caseworker will verify each source salary amount against the other and also look at what you have stated in the SET(O) form. So you need to make sure that they match.

[chopchak]

Thanks for your response

I work for 2 different employer and income from the 2nd employer covers the remaining period.

Could you please confirm if my understanding is right after reading your post:

I can't claim any earnings which have been received in the 12 months you choose (out of 15 months ) but relates to the work done outside those 15 months.

[[iD]]

Thanks for your response

I work for 2 different employer and income from the 2nd employer covers the remaining period.

Could you please confirm if my understanding is right after reading your post:

I can't claim any earnings which have been received in the 12 months you choose (out of 15 months ) but relates to the work done outside those 15 months.

My opinion is that regardless of when the work was done, you can count anything that was "paid" to you within the period claimed

I have written UKBA about it and expecting a reply soon, as soon as I get a reply I will post it in the forum.