Subscribe to our newsTier 1 General - Part two: Earnings
Jan 12, 2010
When assessing earnings, applicants might be covered by the HSMP Forum Ltd Judgment of 8 April 2008 if they were issued with an HSMP approval letter under the requirements in place before 7 November 2006 and obtained an entry clearance or an extension on this basis. It’s important to check whether this might be the case as the requirements to qualify are far less stringent that those found under the Tier 1 General Scheme. Applicants will only need to show that they have been “lawfully economically active” in employment or self employment.
The Statement of Changes to the Immigration Rules 7701 was brought into effect in October 2009. This statement is very important as it deletes the provision for periods of study leave to be taken into account when calculating the points awarded for previous earnings under the Tier 1 (General) Highly Skilled Migrant category. According to the UK Border Agency, the change ensures that decisions will be based on an applicant’s recent work experience and earning capability, better demonstrating their ability to make a significant contribution to the UK work force.
In terms of evidence to claim points under the earnings category, one has to remember that the UKBA or British Embassy will not exercise their discretion in the applicant’s favour when deciding an application. Thus, the pay slips if electronically generated will need to be stamped and signed by the employer. The bank statements will need to be stamped by the bank on each single page. Attention should be given to the type of earnings which might be disregarded by the UKBA such as expenses, dividends (unless paid by the employer), income from property rental, inherited funds, redundancy payments and state benefits. Allowances can be taken into consideration, but only if they are part of the applicant’s remuneration package.
The evidence will need to be consistent and carefully reviewed with an accountant’s eye for details. Everything needs to match and cover exactly the period under consideration. Finally, an applicant has to carefully review the evidence supplied when he/she will rely on earnings accrued abroad or in a currency other than GBP.
Earnings in a foreign currency will be converted to pound sterling (GBP) using the closing spot exchange rate for the last day of the period for which the applicant has claimed earnings in that currency. The exchange rate is the one used by www.oanda.com. Once converted, earnings will be multiplied by the multiplier as shown at page 37 of the policy guidance. The relevant country or territory is whichever country or territory the currency was earned.
A multiplier will not be applied to overseas earnings of an applicant who has, or was last granted, leave as a Highly Skilled Migrant or Tier 1 (General) Highly Skilled Migrant and who is applying for leave to remain.
A final thought should be given to the translation of documents. This might be a minor point however, an application might be refused merely on the basis that the original documents are not accompanied by a certified English translation signed and dated by a professional translator listing his/her professional credentials.
If you have an enquiry relating to your immigration status or your ability to work in the UK, we can help you. Please contact us or call +44 20 3384 3075.
