Tier 1 Extension help

[pranjam]

Hi,

I got a HSMP visa in Mar 2008 and have been living in UK since. I have to get it extended on or before march 2010. Unfortunately I was forced to leave my job and consequently I am falling short of the required sum of money to earn enough points by 5k approx. I have got a job now but on my current salary I would not be able to earn enough points to get an extension.

I need some advice as to what my options are now.


One is to switch to tier 2 but

Although my new company has a CoS but the job I am doing is not on the occupation shortage list neither does it meet the resident market labour test.

Since I am already living in UK will these rules be applicable to me for switching to Tier 2 . Do I get any points for switching from HSMP to Tier 2. I would have been working for more than 6 months with my employer at the time of applying for an extension does that give me any points?

Other option is to somehow increase my earnings till that time
Is there a way I can increase my earnings by 5k. If I take a loan from my firm will that be considered a part of my earnings? A salary advance or something like that.

I do not want to lose my job and move back to India especially after trying for 5 months to get a job in UK.

Any advice will be really appreciated.

[mvent00]

If your employer can give you more, a salary advance would be a reliable way to overcome the difference.

Hi,

I got a HSMP visa in Mar 2008 and have been living in UK since. I have to get it extended on or before march 2010. Unfortunately I was forced to leave my job and consequently I am falling short of the required sum of money to earn enough points by 5k approx. I have got a job now but on my current salary I would not be able to earn enough points to get an extension.

I need some advice as to what my options are now.


One is to switch to tier 2 but

Although my new company has a CoS but the job I am doing is not on the occupation shortage list neither does it meet the resident market labour test.

Since I am already living in UK will these rules be applicable to me for switching to Tier 2 . Do I get any points for switching from HSMP to Tier 2. I would have been working for more than 6 months with my employer at the time of applying for an extension does that give me any points?

Other option is to somehow increase my earnings till that time
Is there a way I can increase my earnings by 5k. If I take a loan from my firm will that be considered a part of my earnings? A salary advance or something like that.

I do not want to lose my job and move back to India especially after trying for 5 months to get a job in UK.

Any advice will be really appreciated.

[crowbar6]

A loan is not considered as income or earning so that is not an option.

[tvn_ramesh]

since one can use 12consecutive months in the last 15.. pls let us know wher u stand in here? which months/period is putting u short of 5k?

[pranjam]

If a salary advance can be considered that would be something that I can ask from my company but is there a way to be sure that salary advance is considered as earnings.

I was out of work from mid march to mid sept. so unfortunately whichever 15 months I look at it seems that this period is going to pull me down.

Can I also include my company's contribution to my pension fund as my earnings.

My total package is enough to cover my points but it contains things like 24 days leave and company pension

Will the 24 days leave considered to be earnings based on a daily rate for me

[tvn_ramesh]

If a salary advance can be considered that would be something that I can ask from my company but is there a way to be sure that salary advance is considered as earnings.

I was out of work from mid march to mid sept. so unfortunately whichever 15 months I look at it seems that this period is going to pull me down.

Can I also include my company's contribution to my pension fund as my earnings.

My total package is enough to cover my points but it contains things like 24 days leave and company pension

Will the 24 days leave considered to be earnings based on a daily rate for me

Bonus can be shown as earnings..

if you package amount is mentioned/equal as gross in payslip.. take that amount if it is enough .. but company pension may be not qualify..

this is little complicated case so pls take more senior's views..

[cheshiregoan]

If a salary advance can be considered that would be something that I can ask from my company but is there a way to be sure that salary advance is considered as earnings.

I was out of work from mid march to mid sept. so unfortunately whichever 15 months I look at it seems that this period is going to pull me down.

Can I also include my company's contribution to my pension fund as my earnings.

My total package is enough to cover my points but it contains things like 24 days leave and company pension

Will the 24 days leave considered to be earnings based on a daily rate for me

Unfortunately company pension will not be counted as this is taken out of your salary before the Gross Pay stage (i.e. you are not paying any tax on this amount each month).

Holiday pay is included because you pay tax on it.

If your company gave you a "bonus" of £5000 then you can count this towards your earning limit.

See Page 22 and 23 on the following link to understand what all can be included and more importantly what all cannot be included:

http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf

A slightly more sneaky method of doing things could be registering a company and "earning" £5000-6000. If you go through an accountant, it will all be above board and he will be able to advise you the best method where "earning" this money will cost you the least amount in terms of taxes and NI payments.

[pranjam]

If a salary advance can be considered that would be something that I can ask from my company but is there a way to be sure that salary advance is considered as earnings.

I was out of work from mid march to mid sept. so unfortunately whichever 15 months I look at it seems that this period is going to pull me down.

Can I also include my company's contribution to my pension fund as my earnings.

My total package is enough to cover my points but it contains things like 24 days leave and company pension

Will the 24 days leave considered to be earnings based on a daily rate for me

Unfortunately company pension will not be counted as this is taken out of your salary before the Gross Pay stage (i.e. you are not paying any tax on this amount each month).

Holiday pay is included because you pay tax on it.

If your company gave you a "bonus" of £5000 then you can count this towards your earning limit.

See Page 22 and 23 on the following link to understand what all can be included and more importantly what all cannot be included:

http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf

A slightly more sneaky method of doing things could be registering a company and "earning" £5000-6000. If you go through an accountant, it will all be above board and he will be able to advise you the best method where "earning" this money will cost you the least amount in terms of taxes and NI payments.

You mean going through a limited company route and getting an accountant that might be worth while Ill just have to look for any good accountant now and explain to him the situation

[pranjam]

I am thinking of getting some external help for my extension application. Can someone suggest that based on my case should I go to an immigration lawyer or an immigration consultant

[Sushil-ACCA]

open a company

do business / provide service

top up yr earning s