My query is bit complex but I will try to keep it short and simple.
During my Tier 1 (G) visa extension in 2012, there were some complexities with my Gross salary. I was an hourly paid employee that time and my company had a scheme (Not sure what the scheme name was) but we have been told that we will get more Net income being into the scheme. On my payslip, there were 3 different figures of Total Gross Pay, Gross to Tax pay and Net pay. I've calculated my annual employment figures for 2012 and they came up as:
Total Gross pay : 30800
Gross to Tax pay: 22000
Net pay: 21700
I was also self employed that time and my self employment for the year was : £9000
Now if you see, the difference between Gross to Tax to Net Pay is only £300 which can't be right as I pay more tax than £300 per month even so how could the difference between Annual Gross and Net be £300. I needed £30000 to get the required points and I was confused which figure should I take, Total Gross pay or Gross to Tax pay. Many of my friends in the same company claimed Total Gross pay for their Tier 1 visas and all of them got their visa extended and now all of them got their ILR as well without any problems. My accountant who was doing self employment accounts for me advised me to use Total Gross pay. So I claimed Total Gross pay (30800) + Self Employment (9000) for my Tier 1 (G) extension. My visa extension was approved without any issues and I got 5 points more than required. Even if I have claimed Gross to Tax pay (22000) and self employment (9000), I could have still crossed my required 30000 limit to get the required points.
I applied for ILR last month at a PEO and was called for an interview with case worker. The case worker checked my HMRC record and found differences between HO and HMRC Record and asked me about it. I paid my full tax on Self employment so the issue was with my employment earnings for sure. I explained him about Total Gross and Gross for Tax figures but didn't had my payslips from 2012 that time with me to prove. HO hold my application for further checks but I had urgent travel plans so had to withdraw my application as I couldn't have waited for them as they take ages in some cases.
I spoke to my accountant and he is convinced that Total Gross to pay was the right figure to claim for at my extension application. He checked my pay slips from 2012 for the claimed period and every month £300-£400 tax was being deducted from my salary plus the NI contribution but the final figures only show a difference of £300 between Annual Gross pay and Net pay which is absolutely wrong.
My accountant says that he will write a very strong letter explaining this and I can take it to HO for my next ILR application. My accountant, though very good but have limited immigration knowledge so I am not too sure if HO will be convinced with his letter. But on the other side, even if HO insists on my Gross to tax pay (22000) plus self employment (9000), that still takes me over the required £30000 with 15 points and I still had scored enough points for the extension of my visa but originally I was awarded 20 points for the earnings.
I need your help and clarification on this chaps! Did someone came across this issue before? All of my colleagues have no problems in getting their ILRs who were with me in the same company and claimed the same Total Gross to Pay income for their visas.
My 10 years in UK have also been completed in the mean time so I am even thinking to apply ILR (LR) instead of on Tier 1 (G) route to avoid complications. But as I have withdrawn my previous application, I believe they are going to check this again anyway.
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