Salary consideration when TDS

ssg0 · Post by **ssg0** » Sat Sep 20, 2008 9:56 am

Hi,

I had a question regarding how the total salary is calculated in the case tax being deducted at source.

The policy says that gross salary before tax should be considered. But I have seen an instance where the total salary is calculated based on what is credited to the bank account.

Can someone please enlighten on this?

Thanks
ssg0

sri_sunny · Post by **sri_sunny** » Sat Sep 20, 2008 10:37 am

No confusion.

You qualify for points based on your earnings before tax.

The nett amount credited is looked at, to confirm you actually earned that money.

ssg0 · Post by **ssg0** » Sat Sep 20, 2008 6:58 pm

You wish !

I have got my application rejected just a couple of days back and among the reason that was quoted the salary that was stated was summed up value of the salary credits made to my bank account and not the gross amount as shown in the payslips !!

Does anyone else also have a similar experience?

uktier1234 · Post by **uktier1234** » Sat Sep 20, 2008 8:00 pm

That cant be right, there are million people on the forum who supplied payslips and bank statements as 2 proofs of previous earnings and have got the visa.........

as per the policy guidance .......... they consider the gross salary before tax as stated in your paysilps. it is quite obvious that the gross salary wont show in bank statements as it is going to be after tax ( if u worked in uk).

ssg0 wrote:You wish !

I have got my application rejected just a couple of days back and among the reason that was quoted the salary that was stated was summed up value of the salary credits made to my bank account and not the gross amount as shown in the payslips !!

Does anyone else also have a similar experience?

ssg0 · Post by **ssg0** » Sun Sep 21, 2008 7:42 am

Ok .. Have you applied and got as may points as expected based on salary? Can someone who has please post a brief calculation of their salary values considered? (You need not put you actual values on the forum.) I was thinking just the same uktier1234.

Following is my calculation. First to quote the comment which I received in my rejection letter.

--- Begin comment ---
You claimed you have earned GBP xxxxx in the past 12 months but no points have been awarded as you have only provided wage slips between <date> to <date> which is a total at GBP yyyyy but have not provided any for the rest of the previous 12 months.
---- End comment ----

Now in my case I had submitted 8 months of my India earnings and 4 months of my UK earnings. The 8 months of my India earnings was blatantly overlooked by simply saying that I have not provided the wage slips !!! That is another matter and the main cause of my grevience.

The 4 months of UK earnings that was considered (the amount yyyyy that I have stated above) exactly matches the sum of all salary credits to my bank account. The case worker has not added my gross salaries as in the wage slips in this case !! Please be aware of this fact. The gross salary is probably considered only if it is credited to the bank and then the tax is cut.

Can any senior member of the forum please comment on this one?

sri_sunny · Post by **sri_sunny** » Sun Sep 21, 2008 9:07 am

Honestly, I am failing to understand the amount you had claimed to have earned. However, tax is also your earning and an obligation to Government. If I am sure that my bank credit+tax = gross on the pay slip and if my visa gets rejected for this reason, I will definately raise this with HO particularly if I am within UK, I have more access there.

What I understand from the comment is, (for example) you claimed let's say GBP 30000 as earnings whereas you have submitted wageslip only for GBP 20000 and hence case worker is not OK to award points for the earnings since u did not submit payslips for the entire period.

To conclude, pl check if you had submitted wageslips for all the 30K you have claimed.

All the best.

ssg0 · Post by **ssg0** » Sun Sep 21, 2008 9:55 am

Ofcouse I have submitted wage-slips for all the amount that I have earned. Why would I sbmit any less ??

The point here is that from the comment that the case worker has made while rejecting my application it seems that she has added only my salary credits to my bank account and not my gross earnings as in the wage slips.

Just to clarify the reason for rejecting the application was not the amount but that my India earnins were not considered at all !!! It was rejected by saying that my wage slips in India have not been submitted at all !!! And ofcourse I had submitted the wageslips. This is an obvious oversight !!! But as I said earlier this was not my main point.

My main point (and I reiterate) was that while rejecting (on the above said grounds) in the comments she has said that I have claimed for xxxxx amount and shown only yyyyy. This value yyyyy I am saying is equal to the total of my salary credits to be bank (post-tax) and not that of the gross salaries as mentioned in my wage slips.

Can any senior member please comment on this?

nevadawipes · Post by **nevadawipes** » Sun Sep 21, 2008 10:32 am

its not too complicated to understand. your CW clearly made a mistake while calculating the salary, she should have counted the gross pay from your 4 payslips (she did consider from UK) and not the net salary credited to your bank account for those 4 payslips.

obviously for some known or unknown reason she didnt accept your wageslips from india (that only u know). i am only guessing here but i recon the indian payslips u sent in for consideration must not have tax deducted at source and thats why as per UK system she couldnt understand that, thus the whole thing of not accepting the indian paylips came up (as i am sure u know that in any UK company u work, tax will be deducted at source).

As per Tier1 policy guidlines CW will be taking in to account salary from payslips before TAX and not the net salary credited to your bank account.

Hope this helps and explains everything.

Regards

ssg0 wrote:Ofcouse I have submitted wage-slips for all the amount that I have earned. Why would I sbmit any less ??

The point here is that from the comment that the case worker has made while rejecting my application it seems that she has added only my salary credits to my bank account and not my gross earnings as in the wage slips.

Just to clarify the reason for rejecting the application was not the amount but that my India earnins were not considered at all !!! It was rejected by saying that my wage slips in India have not been submitted at all !!! And ofcourse I had submitted the wageslips. This is an obvious oversight !!! But as I said earlier this was not my main point.

My main point (and I reiterate) was that while rejecting (on the above said grounds) in the comments she has said that I have claimed for xxxxx amount and shown only yyyyy. This value yyyyy I am saying is equal to the total of my salary credits to be bank (post-tax) and not that of the gross salaries as mentioned in my wage slips.

Can any senior member please comment on this?

sri_sunny · Post by **sri_sunny** » Sun Sep 21, 2008 1:57 pm

Worth an admin review

ness12 · Post by **ness12** » Sun Sep 21, 2008 3:39 pm

Hi ssg0,

I have a few queries:

1. Did you had cover letter explaining your salary details?

2. Did you receive any communication from HO regd. insufficiency of your documents etc....? or directly, u received your passport and other documents along with rejection letter?

3. Also, Are you planning to get your case reviewed? If yes, whats the procedure for that.

I am very scared after knowing ur case since I also have Indian payslips in my case.

Any comments from senior members would also be of great help.

Thanks,
Ness12

ssg0 · Post by **ssg0** » Sun Sep 21, 2008 5:09 pm

At the outset let me apologize for the blast of messages I sent out in a flustered state of mind to some of the forums on this site as well as another. I did not mean to demoralize anybody's ongoing effort. I know how it feels because I was in the same state of mind for the past 3 months after my application on June 23rd and now after 2 days of receiving the response I am close to collecting myself.

nevadawipes' message has further helped calm things down in my mind. Thanks for that. So, that was a mistake on the part of the CW !! and that is a relief in case I consider applying again. As for the non-consideration of my Indian wage slips, well, I have absolutely no clue. My payslips were from the same company as the one I am working for in the UK. Just that I have been transferred on the payrolls from the Indian one to the UK one. The tax in my Indian payslips is also deducted at source and is clearly mentioned in two columns as they do here in UK. The only possible problem, that someone suggested on one of the threads that I have posted to, could be that, the payslips were on plain paper; but that is ok according the policy as long as they are duely stamped and signed; which they were. The payslips were also endorsed by a headed paper from the company.

Now to answer ness12 questions.

1. Yes I had explained every thing in a cover letter as well as provided a comment sheet with every set of documents.

2. There was no communication from the HO regarding the insufficiency of my documents. Only in the response it was mentioned that I have not submitted wage slips for the 8 months of the Indian salary that I had declared.

3. I do not have a right to appeal since I am already in the UK on WP. The relevant section quoted was Section 82 of the Immigration and Asylum ... whatever.

So here is what I did as suggested by some members on this forum and another.

1. I have sent a mail to the customer relation centre of the HO. The address is mentioned in the complaints section of site: http://www.ukba.homeoffice.gov.uk/conta ... complaints

2. I initiated a discussion with a solicitor. Now the immigration solicitors here in the UK charge a fees which may be considered substantial depending on your financial status. I did not want to spend the amount that was quoted by the solicitor's office especially because since I do not have a right to 'appeal' the HO may/ may not choose to attend to a request for 'reconsideration'. I was told that the rate of success was 20% ! From the discussion it turned out that my only option is to reapply if the customer contact centre does not come back with a favourable solution.

I would be happy if someone suggests a more convenient solution for a problem which I have not created. Anyone from the senior members please?

1971 · Post by **1971** » Mon Sep 22, 2008 1:43 pm

Hi Sgs,

It's quite sad that this happens sometimes. The claim of the CW is that your 8 months payslips work in India was not included in your application as at the time she made the decision. In otherwords, those documents are missing and hence, CW made ecision based on what she saw.

I have fallen a victim to this too when some of my documents were declared missing and HO refused my application based on this. If it's possible for you to get another copies of such documents, I will advice you to reapply and make sure you list all the enclosed documents in a cover letter.

If you go for a admin review, decision will turn out to be rejected. I did same in my time but was refused again.But after reapplication,I got my approval.

Life is a challenge.Just put your efforts at making a fresh application with a well detailed Cover letter.

I wish you the best.

Cheers.
~1971.

vineet.b5 · Post by **vineet.b5** » Tue Sep 23, 2008 8:17 am

I have one more doubt. Gross salary will include EPF component too.... which will not be credited to bank as salary. Can we consider EPS in gross salary?

coolguyIndia · Post by **coolguyIndia** » Tue Sep 23, 2008 9:25 am

Yes, u can include EPF as well in ir gross salary for claiming previous earnings ...

Regards

vineet.b5 wrote:I have one more doubt. Gross salary will include EPF component too.... which will not be credited to bank as salary. Can we consider EPS in gross salary?

ssg0 · Post by **ssg0** » Tue Sep 23, 2008 9:25 pm

Thanks for the information and your wishes.

But I still fail to understand how a some of the documents were available and a some not especially when all the documents were in a single file.

I had hand written a cover letter with a list of all the documents and also attached half a page of explaination for each category of documents clearly stating the points I am claiming and the documents I have attached for the same.

I was preparing my application for almost 10 days before sending it. Its not a nice feeling when all our efforts go in vain for no fault of ours.

And yes I am going to apply again but when I have 12 months of UK salary to show and claim points.

I still feel wronged and this feeling will remain within me for a long time. When I say this I am feeling it for all the people like yourself who had/ have been similarly wronged.

Cheers!

1971 wrote:Hi Sgs,

It's quite sad that this happens sometimes. The claim of the CW is that your 8 months payslips work in India was not included in your application as at the time she made the decision. In otherwords, those documents are missing and hence, CW made ecision based on what she saw.

I have fallen a victim to this too when some of my documents were declared missing and HO refused my application based on this. If it's possible for you to get another copies of such documents, I will advice you to reapply and make sure you list all the enclosed documents in a cover letter.

If you go for a admin review, decision will turn out to be rejected. I did same in my time but was refused again.But after reapplication,I got my approval.

Life is a challenge.Just put your efforts at making a fresh application with a well detailed Cover letter.

I wish you the best.

Cheers.
~1971.

ness12 · Post by **ness12** » Wed Sep 24, 2008 7:56 am

hi,

I had applied for Tier1 visa on 8th august from within UK. My application has been refused and have got the documents back today.

The only reason they have mentioned is " I have claimed for xxx points under earnings category whereas as per the documents provided, I am awarded only yyy points" - very similar to ssg0's case.

Apart from the above, they have not mentioned anything else. I have rechecked my calculations several times, even shared with some senior members to check that the calculations are right. Points based calculator also shows xxx.

I am not able to get this value of yyy by any combination. Don't know what to do. Not even in a position of reapplying later since I don't even know, where I went wrong. I had also submitted a main cover letter along with DETAILED cover letters for each category.

Also, they have mentioned that while refusing my application, special consideration has been given to the fact that I am having a valid work permit to stay in UK till 2010. What does this mean?? Are they not giving Tier1 visas to people in UK on work permit???

Would anybody please help me with my next course of action. Since, I had applied from within UK, I can't even appeal against the decision.

Thanks,
Ness12

ssg0 · Post by **ssg0** » Wed Sep 24, 2008 10:00 pm

ness - what was the section of and of which act that was quoted while rejecting your application?

ness12 · Post by **ness12** » Thu Sep 25, 2008 9:00 am

hi ssg0,

It was mentioned that I do not meet the requirements of paragraph 245C(c). I saw this paragraph, It says that a total of 75 points should be atained to have the application approved.

Basically, they have awarded 20 points (as per my bank statements and pay slips) to me for earnings as against 35 points claimed by me.

Apart from above, nothing has been mentioned. It seems to me that they have calculated points based on net salary instead of gross.

Any suggestions?

Could you please provide your contact number (through personal message, if u like), I just wanted to talk to you regd. this.

Thanks,
Ness12

helptra · Post by **helptra** » Mon Nov 03, 2008 8:58 pm

I have similar question, I am planning to apply under Tier 1.

I have last 7 month earning in UK, Salary slips show Gross Salary, Tax cut & Loan deducted by the employer.

Bank statement shows only Net salary (Gross - tax - Loan Dudcted).

In this case what is best way to show earnings? Gross? Net? or Gross - Tax?

We need help from seniors on this topic.

Regards,
Tra

246 · Post by **246** » Thu Nov 20, 2008 8:01 pm

Hi All,

The guidance note does mention that it's the salary before tax. But again it mentions that they will check to see if the earnings we claim for match the one reflected in the bank statement. How would it match??

The bank statement would show Net Salary = Gross Salary - Tax and not Gross (Net Salary + Tax ) salary!

This is confusing...:S

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

Salary consideration when TDS

Salary consideration when TDS

One more rejection

Rejection

UK -Previous Earnings