Tier 2 to ILR salary (base or gross salary?)

[oxana777]

Hi all, in my company we get our salary as a package (base salary plus pension funding 10% which then we don't have to put away for pension, so I can use those 10% towards my salary and these 10% are always a guaranteed part of my gross salary package). So my base salary is 33,363 p.a. plus 10% pension funding it equals to 36,699 p.a. In my contract I have a gross salary of 36,699 shown, however on my pay slips it is separated (base salary and pension funding) So my question is, can I apply for ILR or not? Information is different anywhere. Som places it says that HO look at Gross Salary; some places says that pension contributions don't count. However in my case, my pension funding comes to my account and it's guaranteed

[oxana777]

Anyone knows the answer?

[zimba]

We will consider:

• guaranteed gross basic pay (excluding overtime); and
• allowances, up to the limit below, which are guaranteed to be paid for the duration of your employment in the UK, and would either be paid to a settled worker in similar circumstances, or are paid as a mobility premium or to cover the additional cost of living in the UK.

We will not consider:

• one-off payments, such as those linked to the cost of relocation, which do not form part of your regular salary package;
• payments which cannot be guaranteed, such as bonuses or incentive related pay;
• overtime payments, whether or not overtime is guaranteed;
• payments to cover business expenses, including (but not limited to) training; international travel, hotels and business travel within the UK;
• any payments for which you will need to reimburse the sponsor or a linked overseas business;
• employer pension contributions;
• medical benefits;
• payment of any tuition fees; or
• the value of any shares which you have obtained in exchange for some of your UK employment rights as an employer-owner.

https://assets.publishing.service.gov.u ... 1_2018.pdf

[oxana777]

We will consider:

• guaranteed gross basic pay (excluding overtime); and
• allowances, up to the limit below, which are guaranteed to be paid for the duration of your employment in the UK, and would either be paid to a settled worker in similar circumstances, or are paid as a mobility premium or to cover the additional cost of living in the UK.

We will not consider:

• one-off payments, such as those linked to the cost of relocation, which do not form part of your regular salary package;
• payments which cannot be guaranteed, such as bonuses or incentive related pay;
• overtime payments, whether or not overtime is guaranteed;
• payments to cover business expenses, including (but not limited to) training; international travel, hotels and business travel within the UK;
• any payments for which you will need to reimburse the sponsor or a linked overseas business;
• employer pension contributions;
• medical benefits;
• payment of any tuition fees; or
• the value of any shares which you have obtained in exchange for some of your UK employment rights as an employer-owner.

https://assets.publishing.service.gov.u ... 1_2018.pdf

Thanks. But is there a difference between pension comtributions and pension funding? Our pension funding goes into my account and I decide how much I want to put aside for pension. While pension contribution is something that a company pays towards someones pension directly to the pension fund

[zimba]

I do not understand what pension funding suppose to mean in your case. I never heard such a scheme or arrangements but after all I am no pension advisor. If your employer splits your pay into two pieces, one explicitly for pension purposes then I assume HO may view this not part of your gross pay. What was your salary as per your certificate of sponsorship ?

[oxana777]

So in my company we have base salary + 10% pension funding = gross salary. So for my initial tier 2 visa we used gross salary (base + pens funding) and for my extension again we used gross salary and to be honest no one ever said anything about this pension funding bit as it comes to my account as a guaranteed payment every month and i decide what i do with it. So my gross salary (base salary + pension contribution) is just over £36k. My worry is only that in my payslip i have that wording “pension funding” which as you say might concern HO

[zimba]

Ask your employer to confirm your gross salary on the their letter.

[oxana777]

I am writing down all my absenses from UK for my ILR. i went on a holiday to Jersey for 4 days, does this count as time spent outside UK? I don’t have any stamps in my passport

[zimba]

The form explicitly asks you about the time spent in Crown dependencies

See: https://assets.publishing.service.gov.u ... eriods.pdf

[oxana777]

Thanks