The bonus that saved the day!
By Danielle Cohen Immigration Law Solicitor LinkedinDanielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
Andrea* had been in the UK as first a student and then under what was the International Gradual Scheme and what became the Tier 1 (Post Study Worker) category. However, her leave was due to expire and having established herself in industry, earning a good salary, she now qualified for Tier 1 General (formerly HSMP).
She wanted to make the application for Tier 1 General (formerly HSMP) but her case wasn’t as simple as it first appeared.
Although Andrea would have made sufficient money over the 12 months prior to her application for Tier 1 General (formerly HSMP), she made a considerable amount of this money through her end of year bonus, as opposed to her monthly salary.
However, to comply with the strict requirements for Tier 1 General, which are more prescriptive then HSMP was, we gathered a minimum of two pieces of evidence for the whole of her salary and an additional piece of evidence, an explanatory letter from her employer, to account for her annual bonus.
This meant that the Tier 1 (formerly HSMP) team at the Home Office would have clarity about the way her previous earnings were paid and the application would be clearer and stronger.
This careful approach worked and Andrea is now working away in the UK under Tier 1 General (formerly HSMP) migrant.
And what is great news for Andrea, is that if she continues to work and extend her Tier 1 General (HSMP) leave, under the current law, she will be eligible to apply for indefinite leave to remain after five years, as Tier 1 General migrant, the same way an HSMP migrant could.
*Whilst the stories we use here are all true, the names have been changed to respect and preserve our clients’ confidentiality.