Changes from Apr 2011

[mk357]

You are all missing the point, it's income criteria that applied when they last extended their permission to stay . Not Amount of income shown at last extention.[/quote]

I agree totally with Tipu. It cannot be the earning at the time of extension but the criteria / rules, trust me. Legally it would be a disaster for the HO to do so and I am sure this cannot hold in any court of law.

[sun_ksh]

WITH INCOME CRITERION, DO YOU MEAN THE " UK INCOME BAND" WHICH YOU ARE CLAIMING FOR EXTENSION APPLICATION?

You are all missing the point, it's income criteria that applied when they last extended their permission to stay . Not Amount of income shown at last extention.

I agree totally with Tipu. It cannot be the earning at the time of extension but the criteria / rules, trust me. Legally it would be a disaster for the HO to do so and I am sure this cannot hold in any court of law.

[sharbt_hvr]

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[Manas]

Hi Guys,


Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*

If the UKBA statement is read carefully, the word "Criteria" with respect to salary does not mean what an individual has earned while last extending, it means the "criteria" set out by HO, which comes in different income bands.
Moreover, the other word used in the statement is "meet", which in essence means a minimum requirement that needs to be fulfilled. Therefore, one needs to "meet" the salary"criteria", and not "match" ones salary that was shown in the last extension.
So, as I have interpreted this statement from UKBA, if one scores more than 75 points in the last extension, it is not mandatory for the applicant to score exactly the same points while extending further or for ILR.

[RNikita]

hi..whats is the conclusion ...do we show 12 payslips and claim more points or keep minimum payslips to reach the points threshold

[RNikita]

[quote="pareshbhurke"]Guys,

Hi Paresh - what was your final decision...i agree with you point to take only minimum points so that you are little safe during the time of ILR

Members any final thoughts?

[MPI]

I raised this point couple of weeks ago and it went round and round and here we are again. The truth is this UKBA's line is ambiguous . It's not clear they want us to maintain our 'income' across extension & settlement points or to maintain our 'points'.

We'll need to wait for clarity details in April , I hope it's points they are talking about ( which makes more sense ) but it if turned to be 'income' , then anyone showing higher salary bands than required, will risk the settlement eligibility if in case his/her salary drops.

[isa2011]

[quote="tipu20"][quote="pareshbhurke"]Hi Guys,

My Tier 1 (General) extension is due. I came across following on UKBA website so I want to play safe while claiming point for income:

[b]Settlement
From April 2011:
* Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.*
[/b]


I have filled up form but wanted to confirm certain details:

- I am self employed and if I claim points for earnings from 12 months then I get 45 points and it takes total points to 95! Is it fine if I claim points for lesser period than 12 months and try to fall in the band of 25 points which will make the total of exact 75 points?

- In my initial application, though I had Masters degree, I claimed points for Bachelors. Reason, I didnt have certificate in hand and I was anyway eligible with Bachelors degree. Can I claim more points by declaring Masters degree this time?

Thanks for reading.

Parry[/quote]




You are all missing the point, [b]it's income criteria that applied when they last extended their permission to stay [/b]. Not Amount of income shown at last extention.[/quote]

Hi

Yes, I also misinterpreted this point "Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay", on the website and thought that I should claim less earnings for my Tier1 General extension so that I'll have enough earnings for my ILR application.

Its just a disclaimer that states that you need to meet the salary band to gain points for income, which concerns the maximum amount you have earned in 12 months, if you cannot claim points for age.

Please let me know if this is not the case.

Cheers