Tier 1 extension previous earnings from foreign employer

[marzooq]

Hi
I received my visa in June 2010 but came to the UK in May 2011. I found work here and I'm working now. my visa expires next year but I want to extend my visa now in order to be in the safe side.
I worked in my country and I received salary even for the first 3 months in the UK as I had holidays and extra payments, these was paid like normal salary with pay slips, in these 3 months I worked for a UK employer so I received two salaries at the same time, a UK and non-UK salary.
for my previous earnings, can I include my previous earnings from the foreign employer (in the last 12 months) and also to include the uk employer for the last 3 months?
so for 2-3 months I will have overlapping earnings.
so can I include them?
Thanks

[marzooq]

any help?

[goldfish]

When does your visa expire? Although I understand you want to apply early (I'm not sure how early) your application would be much more straightforward if you could wait until it was based on UK earnings only.

[marzooq]

[quote="goldfish"]When does your visa expire? Although I understand you want to apply early (I'm not sure how early) your application would be much more straightforward if you could wait until it was based on UK earnings only.[/quote]

I understand that it is more simple to apply with UK earnings only, but I want to be in the safe side, can I do that with multiple earnings (some of them overlap) ?
early is 9/10 months before - to be in the safe side.

[sts96508]

you cannot include overseas salary when you were physically present in the UK.

if you came to the UK in may 2011 are you sure you have enough points ? you haven't had much time to gain previous earning points.

[marzooq]

[quote="sts96508"]you cannot include overseas salary when you were physically present in the UK.

if you came to the UK in may 2011 are you sure you have enough points ? you haven't had much time to gain previous earning points.[/quote]

Are you sure that I can't claim overseas earnings if I was physically located in the UK?
what if I used my holiday days and came to the uk and started to work?

[sts96508]

your point is valid, i could find nothing in the rules/guidance which prevents you from making such a claim(3 month paid leaves, overlapping salaries!). the rules state that to claim points for UK experience you have to be present in the UK physically - i remembered this part, but on closer look find that its not for previous earning but UK experience.

apologies and all the best

[marzooq]

[quote="sts96508"]your point is valid, i could find nothing in the rules/guidance which prevents you from making such a claim(3 month paid leaves, overlapping salaries!). the rules state that to claim points for UK experience you have to be present in the UK physically - i remembered this part, but on closer look find that its not for previous earning but UK experience.

apologies and all the best [/quote]
I was scared because of you
even through the point system calculator I'm eligable (I enter overlapping employments)..
so do you think I'm safe? so I can apply?

[sts96508]

in my opinion, two things about your application may arouse suspicion:
1)its rare for someone to avail three months' continuous paid leave AND be employed with some other company during that time
2)why the rush to apply for extension so much in advance

Also, are you applying uplift ratio for your earnings outside UK ?
I am asking because for extension applications this is not allowed anymore:

http://www.ukba.homeoffice.gov.uk/sitec ... s-1210.pdf

[marzooq]

[quote="sts96508"]in my opinion, two things about your application may arouse suspicion:
1)its rare for someone to avail three months' continuous paid leave AND be employed with some other company during that time
2)why the rush to apply for extension so much in advance

Also, are you applying uplift ratio for your earnings outside UK ?
I am asking because for extension applications this is not allowed anymore:

http://www.ukba.homeoffice.gov.uk/sitec ... s-1210.pdf[/quote]

1. I had many untaken holidays and extra benefits that I received from the company in the last month of my employment, it was two months and not three. tax is paid on those months. why this should concern immigration officers? as long I paid tax and the employer (blue chip company) confirms this and the bank confirms this... btw - this is the same company that I used to apply for the tier 1
2- I like to be in the safe side, also if I want to find work 6 months before my visa expires, who will take me?

[sts96508]

if you have documents to back your claim and everything can be verified in case they decide to do a background check then you should be fine.

your concern of not being able to find work close to your visa expiry date is a common one. if you are already out of work or will be soon but you make the points for extension now then go for it, no need to wait and take a chance.

[marzooq]

[quote="sts96508"]if you have documents to back your claim and everything can be verified in case they decide to do a background check then you should be fine.

your concern of not being able to find work close to your visa expiry date is a common one. if you are already out of work or will be soon but you make the points for extension now then go for it, no need to wait and take a chance.[/quote]

Actually I still have 11 months to the expiry of my visa, the question is, when it begins to be problem for employers? how long before the expiry?
what if I state and show them that I qualify for extension and I can proof for them that I can extend immedietly if I want but I prefer to wait in order not to loose money?

BTW - I called tthe UKBA today, they told me as long as you can proof that you received two taxed salaries I will be fine.
I will be using the same letter format I received from my employer last year

[sts96508]

11 months to go won't be a problem to most employers. I got my job with 8 months left. Depends on a lot of factors like the urgency of their requirement etc. Again, if you don't want to take a chance then apply just before your previous earning 12months period will fall outside the previous 15month period. So you can still get extension without landing next job. And you can mention this as the reason for your early application in the application cover letter.