Ilr next week

[Happyatlast]

I have gone through the previous post but cannot find answer to my query. My appointment is next week and I am still confused about calculating maternity leave. I went on maternity leave on 1st feb and received SMP for 6 months. Now I was paid part of my salary for dec and jan in feb2012. Now can I claim points for it though paid in feb on maternity leave?? I understand that if I claim for salary during maternity leave it will be like abnormal application. But this was outstanding salary from 2 months before maternity. I honestly could not find anything related to my query. I would be grateful if someone could at least direct me to any related post. PlZ help with my query.

[Happyatlast]

PlZ help

[Happyatlast]

PlZ members any advice

[cs95tdg]

Under which immigration category are you applying for ILR?
If it is as a T1G Migrant, then what is the previous earnings period you plan to use towards your application? Mon/Year - Mon/Year
What is the time period where you were on Maternity Leave? I.e. not paid your regular monthly salary. Mon/Year - Mon/Year

Answering these questions may help understand your situation better.

Also read page 15 & 16 below carefully... http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[Happyatlast]

Thank you so much for your reply.

1) I am on tier1(general) and applying for ilr based on wp+tier1.

I am claiming points for earnings from June 2011 to jan 2012 and from

November 2012 till feb 2013.

2) I was on maternity leave from 1st feb 2012 till Sept 2012.

I received SMP from March 2012 Till August 2012.

My problem is part of my salary for dec 2011 and Jan 2012 was paid in feb, march and April 2012 when I was on maternity. The salary for October 2012 paid in November 2012.I am self employed and completed my contract on time by 31st January 2012. PlZ advice.

[cs95tdg]

Thank you so much for your reply.

1) I am on tier1(general) and applying for ilr based on wp+tier1.

I am claiming points for earnings from June 2011 to jan 2012 and from

November 2012 till feb 2013.

2) I was on maternity leave from 1st feb 2012 till Sept 2012.

I received SMP from March 2012 Till August 2012.

My problem is part of my salary for dec 2011 and Jan 2012 was paid in feb, march and April 2012 when I was on maternity. The salary for October 2012 paid in November 2012.I am self employed and completed my contract on time by 31st January 2012. PlZ advice.

The potential problem/complication I see is if your payslip(s) do not show the earnings period clearly, for the Dec 2011 & Jan 2012 salary amounts credited in your Feb-Apr 2012 payslips. Technically it is the earnings period that matters to determine whether the earnings can be considered towards your calculation. Can you confirm whether the earnings period/month(s) are indicated correctly on those payslips?

Additionally am I correct in understanding that you would not qualify with the required points if you refrained from using the Dec 2011 & Jan 2012 salary towards your previous earnings points calculation? This is a question I raise purely with the intent of understanding whether your application could be made straightforward by doing so.

[Happyatlast]

Thank you for your reply. I am falling short by 100 pounds if I count straight 12 consecutive months. My employer is happy to write me a letter regarding late payment of salary. My payslips do not indicate the period they cover. Now is it compulsory to exclude all maternity months?? I ask this coz if u work till Jan end , u will get salary only in feb when my maternity started. So can at least feb be included ?? I have done the work, paid tax and now can't claim points just becoz my employer did not pay me on time!! I have the earnings but the main payment was received while on maternity. How can I solve this problem??

[cs95tdg]

I am falling short by 100 pounds if I count straight 12 consecutive months.

I'm not entirely sure what you mean by this first statement. Hazarding a guess, I presume you mean 12 consecutive months from the date of your application, which includes some maternity period pay and other pay? If so that wasn't quite what I was asking - I wanted to find out whether the two months where you were paid late, were required for you to qualify with the necessary points. I.e. not whether you qualify with 12 consecutive months including your maternity period.

My employer is happy to write me a letter regarding late payment of salary. My payslips do not indicate the period they cover. Now is it compulsory to exclude all maternity months?? I ask this coz if u work till Jan end , u will get salary only in feb when my maternity started. So can at least feb be included ?? I have done the work, paid tax and now can't claim points just becoz my employer did not pay me on time!! I have the earnings but the main payment was received while on maternity. How can I solve this problem??

Based on what you have mentioned the best course of action would be to include an employer letter instead of payslips as your first source of evidence. Get them to mention the pay period and date you were paid along with the pay breakdown as stated in the T1G guidance. Have them include all 12 months of earnings, in the letter. This should simplify your evidence. So you can provide this letter along with bank statements which can be cross verified and will match in terms of pay amount & date.

[Happyatlast]

Thank you so much for your advice. I have got a letter from my employer and Accountant. Few answers to ur query


1) Yes, ur correct! I was adding my maternity pay while counting 12
Consecutive months.

2) 2 months salary is substantial amount and required for getting points.

I am ever so grateful for your help.