Applying for ILR Set(O) next week, Previous Earnings Q/S

[genuflexion]

Hi All,

I am applying for ILR (PEO) next week on Monday.

Basis: HSMP + T1

For payslips purposes, to me my past 15 months simply becomes;

Nov'11
Dec'11
Jan'12
Feb'12 - Jan'13 = 12 months

I have a question, I was sick since past 3 months, therefore I was thinking to pick first 12months from Nov'11 - Oct'12 for previous earnings. Instead of using Feb'12 - Jan'13.

Both ways I get enough points to qualify.

My only concern is that perhaps its better to show normal pay/earnings(when I was not sick) otherwise CW could question my sickness of past 3 months as its immediately before my application date??. Maybe, he'll ask more questions???

Please help and contribute.

Thanks in advance.

[uksettlement]

Using nov 11 to Oct is fine.

[techie_09]

Since you are on Tier-1 general case worker won't worry about the three months you were sick. I agree, to keep things simple just use 12 months period without sickness.

If you are worried take some proof (e.g. medical reports) to prove you were sick for three months but I strongly feel that won't be required.

[genuflexion]

Thanks both for your help.

When the case worker asks for bank statements for 12 months, shall I only give him statements for Nov'11 - Oct'12.

Mind you he won't have last 3 months so;

(i)- Shall I wait for him to ask for these 3 months? Or

(ii)- When he asks for 12months, I explain to him that although I am claiming points from Nov'11 - Oct'12, I have also included past 3 months.

Please comment.

Thank you very much.

[wpilr_nov12]

cs95tdg is the best person to help you understand T1 applications.

[cs95tdg]

When the case worker asks for bank statements for 12 months, shall I only give him statements for Nov'11 - Oct'12.

Mind you he won't have last 3 months so;

(i)- Shall I wait for him to ask for these 3 months? Or

(ii)- When he asks for 12months, I explain to him that although I am claiming points from Nov'11 - Oct'12, I have also included past 3 months.

The 12 months of bank statements you refer to above will be used as one source of evidence for previous earnings, you will need to provide a second source of evidence (E.g. payslips) to match those. Note that unless your case worker decides to ask for individual pieces of evidence one at a time, you will need to provide all evidence in a well organised manner together. Note, they would not ask for 12 bank statements, as you are not required to submit 12, you only need to submit the number of bank statements you require for the points you need to claim. I.e. the maximum is 12, with a minimum of 1.

As the period between Nov 11 & Oct 12 falls within the 15 months prior to your application date of Feb 4th, you will be fine there (But you need to be aware that this previous earnings period is right at the borderline when it comes to the 15 month period prior to your application date I.e. 3 Nov 2011 to 4 Feb 2013). There is no need for you to verbally explain this to the case worker, as you would have stated the previous earnings period in the SET(O) form.

Do not include the last 3 months statements with the above, as it will only confuse the case worker. I.e. they will not be able to clearly see which statements to use to verify your previous earnings if you do.

I'd urge you to keep a folder of optional documents, in which you can keep your latest 3 bank statements/payslips & P60's, in the event the case worker asks for them to verify that you have been economically active during your 5 year residence.

[wanna_bee]

genuflexion: I'm in a similar situation as you and have similar dates. Remember that on page 21 of SET O form , A4 , you need to give the period for which you are claiming earnings. In the PEO , you need to submit evidence for this period only, in your case Nov2011 to Oct2011. This should be fine, CW will not ask reasons for this. As cs95tdg said, support payslips with bank statements for the said period.

cs95tdg: I may be wrong on this but my understanding is that submitting the last 3 months bank stmt is *not* optional , it has to be submitted to prove your current finances. On page 44 , Note 5, it says:-


Your Finances
Evidence of your finances. If you have to complete section 5, bank statements, building society savings
book(s), pay slips or other formal documents as evidence of your ability to maintain and accommodate your-
self and any dependants without recourse to public funds. (See Note 5).

Note 5 We do not accept internet or cashpoint statements as evidence of finances. If you claim that a relative
or friend is providing you with financial support (see question 5.4), in addition to evidence of your own finances,
you must provide bank statements or other documents of the kind described above as evidence of their financial
resources. The documents showing the finances available to you and to any person supporting you should cover
at least the last 3 months.


So in genuflexion's case he should submit last 3 months payslips or last 3 months bank stmts seperately to prove his finances. Correct me if I'm wrong.

[cs95tdg]

My advice is, yes take them with you as part of your optional documents, to provide if a case worker asks for them. Most case workers do not ask for these, as they can see from your earnings history that you are able to support yourself financially, without recourse to public funds. They are more likely to request to see your P60's than your last 3 bank statements (if you are a T1G Applicant), IMHO.

[genuflexion]

Thanks for your reply both wanna_bee and cs95tdg.

(1)- I have no problem in showing last 3 months payslips, if he wishes to see them as well as the bank statements.

I don't what will be CW's reaction after seeing last 3 month sick pay @354p.m (I do have sick leave certificates, surgery scans, NHS letters etc). My sick is finishing tomorrow and I have emailed my workplace that I will be coming to work from next week. Shall I take that email as an evidence. It is a chain of email.

Mind you, I do have sufficient savings that will last me long.

(2)- I dont have last 5 years P60 but I have an employment record letter from HMRC for 2008/09, 2009/10, 2010/11 and 2011/12. Tax Year 2012/13 has not finished yet.

(3)- Also, since I have a Shorthold Tenancy agreement incl of bills, meaning once it xpires, unless you vacate, it automatically renews. Landlord hasn't given me latest contract, I have 2 contracts from him (1)- (May'08 - Nov'08) and (2)- May'12 - Oct'12. I have been living here since May 2008.

Do I need a renewed contract or a letter from Landlord will do (just simply saying we are living here since 2008 to date) and that we pay rent inclusive of all bills.

I would appreciate your help and cooperation in relation to 1, 2 & 3 above.

Thanks in advance.

[cs95tdg]

1) Take the latest 3 bank statements and payslips with you as optional documents to show if your case worker asks for them. But I personally doubt they will. All I can suggest is for you to take any optional document that you see as beneficial, which puts your mind at ease. Only submit them if a question arises when the CW is verifying your documents or explicitly requests them.
2) Yes take the HMRC statement(s) that you have with you. Again place this in your optional documents list, to show, only if your case worker asks for them. (They may do to verify that you have been economically active through your 5 year residence.)
3) Your tenancy agreement is not required, IMHO.

I sense that you are worried over your last 3 months of low income due to sickness. Personally I do not see this having a negative impact on your application, so long as you qualify with the required points as a T1G migrant, which from what you have stated, you do. Additionally you have a job, have savings to support yourself (bank statement with savings), and can show that you have been economically active throughout your 5 year residence (HMRC statements). Taking all these facts into account, IMHO you will not have a problem and shouldn't worry. I'll emphasise however, that you should keep your application simple, don't over-complicate it by submitting unnecessary documents, just submit what's required according to the SET(O) form & guidance and keep all your optional supporting documents seperately with you to give only if the need arises on the day.

May I also suggest that you post all questions about your ILR application under a single topic, as I notice you have many topics on this forum, all which are related to the same ILR application (See http://www.immigrationboards.com/viewtopic.php?t=5722). This will make it easier both for you and those commenting to understand the context and background behind the questions. Additionally it will stop cluttering the forum.