ILR and Notice Period

[sham111]

Hi,

I would be eligible for ILR in December SET(O) HSMP + Tier 1...
Just got news that i am begin made redundant and last day at work

My Questions are
--------------------
1. I have to show 12 Months Earning and planning to show from 01.12.2011 to 30.11.2012... to meet the required earning level....Does the redundancy money counts towards earning/money received during the notice period...

2. If i am unemployed at the time will it effect my ILR

Kindly advice

Many Thanks

[nottinghill]

1. YES
2. You need to have a job when you apply for ILR as some CWs ask for employment letter.

You have 3 months to find a job and you should be able to find one for you. So best of luck !!!!!!!

[prince12]

1. YES
2. You need to have a job when you apply for ILR as some CWs ask for employment letter.

Not correct...its not a requirement to be employed if u are on tier 1 and seeking ILR...u only need to meet the points you met at the reception of your original tier 1. i.e u need to have been economically active within the last 12months at a level that will give u the required points. i think you will be fine if you meet that criteria where u will have a problem is if you were on a work permit.

[nottinghill]

1. YES
2. You need to have a job when you apply for ILR as some CWs ask for employment letter.

Not correct...its not a requirement to be employed if u are on tier 1 and seeking ILR...u only need to meet the points you met at the reception of your original tier 1. i.e u need to have been economically active within the last 12months at a level that will give u the required points. i think you will be fine if you meet that criteria where u will have a problem is if you were on a work permit.

wrong
"economically active" that's key word. Even if ur Tier 1 u do need to have a job. I mean current job. If you read the forum there are many incidents where CW ask for employment letter even for Tier 1. I know from many of my friends experience. (Even though it wasn't applicable for me) . It might not be a condition but its a well known fact

[vik30]

@sham111

Sorry to hear about your job..wish you good luck for future..hope u find a new one soon.
With regards to your queries -
1. I think you can not include redundancy payment in your previous earnings. Previous earnings points claim for ILR is based on similar pattern as for Tier 1 application. Check page 12 , point 102 in this document - http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
or this link -
http://www.ukba.homeoffice.gov.uk/visas ... /earnings/

It clearly says that one can not claim redundancy payment. But I know few people who have successfuly claimed this money in their earnings. If this extra money is explicitly mentioned as 'redundancy payment' in your Payslip, then there is nothing you can do. However, if its just added in your payslip or a separate payslip , then you may be able to do so!

2. You do not need to have a job / employment letter at the time of ILR application on Tier -1 basis. Main thing you need is previous earnings claim for consecutive 12 (or less) months in last 15 months as long as the total amount gives you required points.

Seniors and others, please feel free to correct me here if i am wrong.

[p2kin]

Sorry to hear that you have been made redundant... Best of luck for your new job search..

Here are answer to your question..

1. Earnings must be made up of 12 consecutive months and must normally fall within the 15 months before your application. So in effect you can show any 12 months consecutive period starting from 1 sep 2011 (assuming you are making application on 1 Dec 2012). However, redundancy money DO NOT count towards your earnings (the word they use is "statutory redundancy payment").

http://www.ukba.homeoffice.gov.uk/visas ... /earnings/

look out for "Unearned sources of income that we will not consider as previous earnings include:"

2. If you think that you have passed all requirements in
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

then it really shouldn't matter whether you are employed at the time of making application as long as you meet the criteria..

Again, best of luck for your new job search...!