Need some help on ILR eligibility

[Mardavich]

Hi all,

Thanks in advance for reading this. Really would appreciate some help on the matter.

I came to the UK in September 2002 on a student visa and finished my masters in June 2006, I was lucky enough to get a job right away and received my work permit in June 2006. In November 2008 I applied for a Tier 1 General Visa and got it. I was made redundant due to the recession in February 2009. I attempted to change my career but I have technically been unemployed since as far as I am concerned. From Feb 2010 to August 2010 I worked at a self-employed position but I made no money so I don't think that counts. It is now May 2011 it will have been 2 years and a bit that I have been unemployed. I plan to apply for ILR in June 2011, I have tried everything to get a job in the past few months to no avail. Since the new salary requirement changes in April 2011, I need to earn roughly 35k - 40k to be eligible for ILR. I might be able to come up with that sum from my parents, is it a simple matter of starting my own company and paying myself this sum legally (paying taxes etc) before June 2011? or is it more complicated than this? Any help would be appreciated. I have not broken any of the rules of being out of the country for too long and as far as I am aware there has never been a break in residency.

In summary:
Sep 2002 - June 2006 Student visa
June 2006 - November 2008 Work Permit
November 2008 - November 2011 Tier 1 Migrant visa
Feb 2009 redudant and unemployed since.
June 2011 plan to apply for ILR. Can I pay myself the necessary money to make up the earning points to be eligible?

Thanks in advance.

[geriatrix]

Can I pay myself the necessary money to make up the earning points to be eligible?

No.

[Mardavich]

Can I pay myself the necessary money to make up the earning points to be eligible?

No.

ok, so what can I do?

[geriatrix]

Forget about ILR for now, and concentrate on finding suitable employment / self-employment opportunities so that you qualify for Tier 1 (General) extension when the time comes. With 6-7 months left, you have a difficult task ahead of you .. if you wish to extend your stay as a Tier 1 migrant.

[geriatrix]

Alternatively, consider change to Tier 4 category so that you may have the opportunity to apply for settlement under long residence when you complete 10 years legal stay in the UK (in / after Sep 2012).

[Mardavich]

Forget about ILR for now, and concentrate on finding suitable employment / self-employment opportunities so that you qualify for Tier 1 (General) extension when the time comes. With 6-7 months left, you have a difficult task ahead of you .. if you wish to extend your stay as a Tier 1 migrant.

I thought they abolished Tier 1 (General) visas? Also surely if I can extend Tier 1 (General) based on the points system, I can apply for ILR? Can I ask why I can't start my own company and somehow earn 40k? Is there something wrong with that approach?

Thanks again.

[Mardavich]

Alternatively, consider change to Tier 4 category so that you may have the opportunity to apply for settlement under long residence when you complete 10 years legal stay in the UK (in / after Sep 2012).

I'm worried they'll change the rules again before 2012 and it'll be retroactive (like they have with the salary requirement criteria for ILR now, before April 2011 I just needed to be employed I believe) and ideally I'd like to be working if possible. This is definitely an option worst case scenario though.

[geriatrix]

I thought they abolished Tier 1 (General) visas? Also surely if I can extend Tier 1 (General) based on the points system, I can apply for ILR? Can I ask why I can't start my own company and somehow earn 40k? Is there something wrong with that approach?

1. Tier 1 (General) category is closed for new applicants, but existing migrants can extend their leave if they fulfil the extension criteria.
2. Yes, if you can extend .. you can apply for ILR too. At this point in time, you are stuck because you have no earnings ... a crucial attribute for both extension and settlement.
3. I never said that if you earn 40K you'll not be eligible for settlement.

Can I pay myself the necessary money to make up the earning points to be eligible?

No.

As a Tier 1 (General) migrant you should know the difference between "earnings" and "parents' savings"!! Be employed and /or self-employed and earn the money you need to be eligible to qualify. Don't ask if you can use fraudulent methods to pass-off savings (self / parents / relatives) as your earnings / income - to apply for extension / settlement.

[Mardavich]

I thought they abolished Tier 1 (General) visas? Also surely if I can extend Tier 1 (General) based on the points system, I can apply for ILR? Can I ask why I can't start my own company and somehow earn 40k? Is there something wrong with that approach?

1. Tier 1 (General) category is closed for new applicants, but existing migrants can extend their leave if they fulfil the extension criteria.
2. Yes, if you can extend .. you can apply for ILR too. At this point in time, you are stuck because you have no earnings ... a crucial attribute for both extension and settlement.
3. I never said that if you earn 40K you'll not be eligible for settlement.

Can I pay myself the necessary money to make up the earning points to be eligible?

No.

As a Tier 1 (General) migrant you should know the difference between "earnings" and "parents' savings"!! Be employed and /or self-employed and earn the money you need to be eligible to qualify. Don't ask if you can use fraudulent methods to pass-off savings (self / parents / relatives) as your earnings / income - to apply for extension / settlement.

That's great news on point 1. I wasn't aware and looking at the points required they seem to be lower and a lower salary required for extension of Tier 1 than applying for ILR so that's definitely good news.

True on point 2 but hopefully I can rectify this before November.

I don't plan on using any fraudulent methods to do anything. I plan to be self-employed, begin my own company and inject my parents savings and being trading. My question was if I paid myself a salary of up to 40k from this company will this suffice? or does it have to be from a different company than my own. Also please clarify if this is fraudulent in any way as I don't see how it is if I'll be paying Income tax and National Insurance.

Thanks again for your help. I appreciate you taking the time to answer my queries.

[[iD]]

I thought they abolished Tier 1 (General) visas? Also surely if I can extend Tier 1 (General) based on the points system, I can apply for ILR? Can I ask why I can't start my own company and somehow earn 40k? Is there something wrong with that approach?

1. Tier 1 (General) category is closed for new applicants, but existing migrants can extend their leave if they fulfil the extension criteria.
2. Yes, if you can extend .. you can apply for ILR too. At this point in time, you are stuck because you have no earnings ... a crucial attribute for both extension and settlement.
3. I never said that if you earn 40K you'll not be eligible for settlement.

Can I pay myself the necessary money to make up the earning points to be eligible?

No.

As a Tier 1 (General) migrant you should know the difference between "earnings" and "parents' savings"!! Be employed and /or self-employed and earn the money you need to be eligible to qualify. Don't ask if you can use fraudulent methods to pass-off savings (self / parents / relatives) as your earnings / income - to apply for extension / settlement.

That's great news on point 1. I wasn't aware and looking at the points required they seem to be lower and a lower salary required for extension of Tier 1 than applying for ILR so that's definitely good news.

True on point 2 but hopefully I can rectify this before November.

I don't plan on using any fraudulent methods to do anything. I plan to be self-employed, begin my own company and inject my parents savings and being trading. My question was if I paid myself a salary of up to 40k from this company will this suffice? or does it have to be from a different company than my own. Also please clarify if this is fraudulent in any way as I don't see how it is if I'll be paying Income tax and National Insurance.

Thanks again for your help. I appreciate you taking the time to answer my queries.

Being self employed is not fraudulent but like Sush mentioned, you need to earn that money. You can open a company if you want but you might have to show that your company generated this much profit to able to pay you said salary.

Also, please explain what do you mean by

That's great news on point 1. I wasn't aware and looking at the points required they seem to be lower and a lower salary required for extension of Tier 1 than applying for ILR so that's definitely good news.

[Mardavich]

I thought they abolished Tier 1 (General) visas? Also surely if I can extend Tier 1 (General) based on the points system, I can apply for ILR? Can I ask why I can't start my own company and somehow earn 40k? Is there something wrong with that approach?

1. Tier 1 (General) category is closed for new applicants, but existing migrants can extend their leave if they fulfil the extension criteria.
2. Yes, if you can extend .. you can apply for ILR too. At this point in time, you are stuck because you have no earnings ... a crucial attribute for both extension and settlement.
3. I never said that if you earn 40K you'll not be eligible for settlement.

No.

As a Tier 1 (General) migrant you should know the difference between "earnings" and "parents' savings"!! Be employed and /or self-employed and earn the money you need to be eligible to qualify. Don't ask if you can use fraudulent methods to pass-off savings (self / parents / relatives) as your earnings / income - to apply for extension / settlement.

That's great news on point 1. I wasn't aware and looking at the points required they seem to be lower and a lower salary required for extension of Tier 1 than applying for ILR so that's definitely good news.

True on point 2 but hopefully I can rectify this before November.

I don't plan on using any fraudulent methods to do anything. I plan to be self-employed, begin my own company and inject my parents savings and being trading. My question was if I paid myself a salary of up to 40k from this company will this suffice? or does it have to be from a different company than my own. Also please clarify if this is fraudulent in any way as I don't see how it is if I'll be paying Income tax and National Insurance.

Thanks again for your help. I appreciate you taking the time to answer my queries.

Being self employed is not fraudulent but like Sush mentioned, you need to earn that money. You can open a company if you want but you might have to show that your company generated this much profit to able to pay you said salary.

Also, please explain what do you mean by

That's great news on point 1. I wasn't aware and looking at the points required they seem to be lower and a lower salary required for extension of Tier 1 than applying for ILR so that's definitely good news.

Looking at the website the points requirements seem to be lower for extending tier 1 than applying straight to ILR? Am I wrong in understanding this?

[Mardavich]

I have done my best to finally get a job... It looks like I might be employed in August/September. What is the best way I can go about applying for ILR? I was thinking I would switch to a Tier 2 visa sponsored by my employer and then apply for ILR. Would the gap in employment cause me problems? Are there any earning requirements I need to prove like while being on Tier 1? Please help as currently my Tier 1 visa runs out in November and I'm getting nervous.

Thanks in advance.