ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Settlement dependent visa Refused

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

prawin2506
Newly Registered
Posts: 29
Joined: Mon Jul 07, 2014 2:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Thu Nov 20, 2014 8:04 pm

Thank you alil2014

but I m not going to appeal,
I would like to make a fresh application , can I apply under Category B while providing 12 months payslips along with 12 months bank statements (20000 salary), am i now met the FINANCIAL Requirement ?
your advice and suggestions are much appreciated
thank you
prawin

akwadouala
Newly Registered
Posts: 20
Joined: Sat Sep 20, 2014 10:51 am

Re: Settlement dependent visa Refused

Post by akwadouala » Thu Nov 20, 2014 8:16 pm

Hi!! Prawin2506!
sorry for the refusal
please can you tell me if the employment letter was one of refusal ground?
thanks

prawin2506
Newly Registered
Posts: 29
Joined: Mon Jul 07, 2014 2:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Thu Nov 20, 2014 8:32 pm

thank you akwadouala for ur response,
yeah they mentioned my empolyment letter doesnt mention
1 salary
2 length of time paid the salary relied on the application
3 the nature of empolyment,
but now i can get all the above mentioned point in the employment letter,

many thanks
praveen gadagoni

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: Settlement dependent visa Refused

Post by Rayking » Thu Nov 20, 2014 9:43 pm

prawin2506 wrote:Thank you alil2014
but I m not going to appeal,
I would like to make a fresh application , can I apply under Category B while providing 12 months payslips
thank you
prawin
You'll need to meet two conditions on cat B
1. Your income must be equal or greater than 18600 in the last 12 months.
2. Your employer must confirm your present annual income is equal or greater than 18600.
If your annual income isn't up to 18600 presently,I'm afraid to tell you that the application will be refused.

prawin2506
Newly Registered
Posts: 29
Joined: Mon Jul 07, 2014 2:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Thu Nov 20, 2014 10:07 pm

thank you Rayking,
1) my last 12 months salary is more than 20,000, and i can get an employment letter confirming it,
IS THESE WHAT YOU MEANT BE PRESENT ANNUAL INCOME WHICH NEED TO BE CONFIRMED BY MY EMPLOYER?????
CAN YOU PLEASE BE MORE SPECIFIC REGARDING THE EMPLOYER LETTER'S ANNUAL INCOME.
YOUR GUIDANCE AND SUGGESTIONS MUCH APPRECIATED
MANY THANKS
PRAWIN

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Settlement dependent visa Refused

Post by MPH80 » Thu Nov 20, 2014 10:12 pm

What he means is that if someone walked into your HR department today and said 'how much does prawin2506 earn?' - they'd answer with a figure above £18,600.

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: Settlement dependent visa Refused

Post by Rayking » Fri Nov 21, 2014 6:44 am

MPH80 wrote:What he means is that if someone walked into your HR department today and said 'how much does prawin2506 earn?' - they'd answer with a figure above £18,600.
I meant exactly what MPH80 said.

prawin2506
Newly Registered
Posts: 29
Joined: Mon Jul 07, 2014 2:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Fri Nov 21, 2014 11:01 am

thanks everyone for ur valuable suggestions and advices,
i thinks its better to wait for 2 more months payslips to add to my applications

many thanks
prawin

prawin2506
Newly Registered
Posts: 29
Joined: Mon Jul 07, 2014 2:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 26, 2014 10:51 am

Hello all,
can you plz explain the below statement in plain English as I couldn't able to get through,

For the purpose of paragraph 13(a)(i), in respect of a person in non-salaried
employment at the date of application "the level of gross annual salary relied upon in the application" shall be no greater than the annual equivalent of the person's average gross monthly income from non-salaried employment in the 6 months prior to the date of
application, where that employment was held throughout that period.
many thanks
prawin

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Settlement dependent visa Refused

Post by MPH80 » Wed Nov 26, 2014 12:06 pm

It means that the amount they will consider you earning - when you are paid per hour without a regular house base (e.g. you don't have a minimum income) - is the average of your income per month over 6 months.

If you are on a salary + commission - then they use the lowest amount of pay in that 6 months.

Because you have a 36 hour contract - your hours don't vary - so you are salaried as far as UKVI are concerned.

Here's their definition:
Non-salaried employment includes that paid at an hourly or other rate (and
the number and/or pattern of hours required to be worked may vary), or paid an amount
which varies according to the work undertaken, whereas salaried employment includes
that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual
minimum number of hours to be worked.

prawin2506
Newly Registered
Posts: 29
Joined: Mon Jul 07, 2014 2:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 26, 2014 12:17 pm

Thank you MPH80 for ur quick n efficient response

I am on 36 hour contract but it's not fixed we do have lot of opportunity for overtime and my salary varies every single month depending on my over time
over a period of six months my gross salary is 9700 which includes 312 pounds in July payslip n 2300 pound November pay .As I am on variable income Will the ECO consider my average gross monthly income or will they take the lowest one
And I am not on commission based salary.

many thanks
prawin

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Settlement dependent visa Refused

Post by MPH80 » Wed Nov 26, 2014 12:53 pm

But you have a minimum hours - 36.

The fact you can add overtime still doesn't make you non-salaried.

alil2014
Member of Standing
Posts: 368
Joined: Fri Apr 25, 2014 9:19 pm
Pakistan

Re: Settlement dependent visa Refused

Post by alil2014 » Wed Nov 26, 2014 2:09 pm

MPH80 wrote:But you have a minimum hours - 36.

The fact you can add overtime still doesn't make you non-salaried.
I don't think he is salaried employee, a salaried employee would not be paid hourly, even though he does have a fixed number of hours. Main difference between salaried and non-salaried employees are that salaried get paid a fixed amount annually whether they work overtime or not. Whereas non-salaried get paid on an hourly rate but can top up there hours and be paid for it.

Your employment letter will show if you are salaried or not - if it states you are paid hourly then you are classed as non-salary
And if it states a fixed amount I.e. £20000 then you are salaried

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Settlement dependent visa Refused

Post by MPH80 » Wed Nov 26, 2014 2:28 pm

I'll just repeat UKBA's definition again:
Non-salaried employment includes that paid at an hourly or other rate (and
the number and/or pattern of hours required to be worked may vary), or paid an amount
which varies according to the work undertaken, whereas salaried employment includes
that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual
minimum number of hours to be worked.
He has a minimum pay rate and a minimum number of hours - overtime on top of that - like commission - doesn't change the fact he's salaried.

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: Settlement dependent visa Refused

Post by Rayking » Wed Nov 26, 2014 4:45 pm

MPH80 wrote:I'll just repeat UKBA's definition again:
Non-salaried employment includes that paid at an hourly or other rate (and
the number and/or pattern of hours required to be worked may vary), or paid an amount
which varies according to the work undertaken, whereas salaried employment includes
that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual
minimum number of hours to be worked.
He has a minimum pay rate and a minimum number of hours - overtime on top of that - like commission - doesn't change the fact he's salaried.
May be the OP should clarify if he's paid hourly, if he's paid hourly, then he's non salaried. Non salary employee do have minimum or average hour on their contract too. Since he's not getting fixed salary,that should be non salaried in my opinion.

alil2014
Member of Standing
Posts: 368
Joined: Fri Apr 25, 2014 9:19 pm
Pakistan

Re: Settlement dependent visa Refused

Post by alil2014 » Wed Nov 26, 2014 5:58 pm

Rayking wrote:
MPH80 wrote:I'll just repeat UKBA's definition again:
Non-salaried employment includes that paid at an hourly or other rate (and
the number and/or pattern of hours required to be worked may vary), or paid an amount
which varies according to the work undertaken, whereas salaried employment includes
that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual
minimum number of hours to be worked.
He has a minimum pay rate and a minimum number of hours - overtime on top of that - like commission - doesn't change the fact he's salaried.
May be the OP should clarify if he's paid hourly, if he's paid hourly, then he's non salaried. Non salary employee do have minimum or average hour on their contract too. Since he's not getting fixed salary,that should be non salaried in my opinion.
Totally agree you can't be paid hourly and at the same time be salaried, I have got this confirmed by my HR Department. Also whether you are salaried or non-salaried (unless you are on a zero hour contract) you will be required to work a certain number of hours as stated on the contract. Only difference being that any overtime you work as a salaried would be unpaid, whereas non-salaried would get paid for whatever extra hours they do.

As the ukbA definition States non-salaried is paid hourly

philemon_bodiba
Junior Member
Posts: 85
Joined: Wed Oct 03, 2007 1:35 pm
Location: Spalding

Re: Settlement dependent visa Refused

Post by philemon_bodiba » Sat Jan 03, 2015 8:40 am

MPH80 wrote:But you have a minimum hours - 36.

The fact you can add overtime still doesn't make you non-salaried.
What are you on about, how did you become 'Respected Guru' when you clearly can't even distinguish between salaried and non-salaried?
Pa

akhan48
Newbie
Posts: 36
Joined: Mon Nov 10, 2014 11:02 pm

Re: Settlement dependent visa Refused

Post by akhan48 » Sat Jan 03, 2015 10:02 pm

I'm salaried, but if I do any overtime, then I get paid for the number of hours I've worked extra. Does that mean I'm no longer salaried?!

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Settlement dependent visa Refused

Post by Obie » Sat Jan 03, 2015 10:55 pm

philemon_bodiba wrote:
MPH80 wrote:But you have a minimum hours - 36.

The fact you can add overtime still doesn't make you non-salaried.
What are you on about, how did you become 'Respected Guru' when you clearly can't even distinguish between salaried and non-salaried?

Please can you cut this discourteous attitude. People are only trying to help you , the least you can do is not reply to their message.

Insulting them is just disheartening.

MPH80 is kind of correct. A person does not cease from being a salaried worker because they work over time.

If a person has a fixed contract and fixed basic salary, the fact that they do over time has no bearing on their ability to be considered as a salaried worker.

Whether a person is a salaried or non-salaried worker does not in reality affect their ability to qualify under appendix FM Cat A or B. What matter is what the person has earned in the relevant 6 or 12 months.
Smooth seas do not make skilful sailors

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Settlement dependent visa Refused

Post by Obie » Sat Jan 03, 2015 10:57 pm

philemon_bodiba wrote:
MPH80 wrote:But you have a minimum hours - 36.

The fact you can add overtime still doesn't make you non-salaried.
What are you on about, how did you become 'Respected Guru' when you clearly can't even distinguish between salaried and non-salaried?

Please can you cut this discourteous attitude. People are only trying to help you , the least you can do is not reply to their message.

Insulting them is just disheartening.

MPH80 is kind of correct. A person does not cease from being a salaried worker because they work over time.

If a person has a fixed contract and fixed basic salary, the fact that they do over time has no bearing on their ability to be considered as a salaried worker.

Whether a person is a salaried or non-salaried worker does not in reality affect their ability to qualify under appendix FM Cat A or B. What matter is what the person has earned in the relevant 6 or 12 months.
Smooth seas do not make skilful sailors

Bucki
Member
Posts: 183
Joined: Fri Feb 21, 2014 6:13 pm

Re: Settlement dependent visa Refused

Post by Bucki » Sat Jan 24, 2015 12:10 am

Obie wrote: If a person has a fixed contract and fixed basic salary, the fact that they do over time has no bearing on their ability to be considered as a salaried worker.

Whether a person is a salaried or non-salaried worker does not in reality affect their ability to qualify under appendix FM Cat A or B. What matter is what the person has earned in the relevant 6 or 12 months.
Obie, quick question

Recently started work in a warehouse, £7.39 per hour 40hrs per week + 20% night shift allowance from 10pm to 3am + bonus.
Now, just got my 1st Paylsip, and it states that my Annual Salary is £15413.43 and my monthly payment is £1494.74 (TAX included)
without the tax is like £1096.13 - just noticed I am on a wront 0T tax code, so have to report it. but anyway.

This means, I am round £60 less (minimum £1550 per month for 18.600 per year, right?)
HOWEVER, I am confident that with the BONUS I can £1600 or more per month.

now, question is, will I not be able to apply after the 7th month (since my 1st month is kinda low) ??
or maybe if my 2nd payslip is like 1700 per month then MAYBE the extra money can be added to the 1st payment ...
not sure if you understand me, but yeh.

I wonder if I am still eligible to apply on the basis that I get MIN £1550 each month, despite the £15413.43 annual salary ??


Thanks

ps: I am sure the £15413.43 annual figure is calculated based on the wage income and tax.
eg. if I get 1600 each month (by doing overtime + bonus) then surely the annual figure on the payslip should be more .. right ??

Bucki
Member
Posts: 183
Joined: Fri Feb 21, 2014 6:13 pm

Re: Settlement dependent visa Refused

Post by Bucki » Wed Jan 28, 2015 2:42 pm

NO FEEDBACK whatsoever ???

Locked