please URGENT!

[superman008]

This is a really great forum.

I hope you guys can answer my simple query

If my December salary was credited on the 26th of December, can I apply before the end of December?

Thanks so much in advance.

[push]

Technically No as the unearned salary can not be used to claim the earnings points. If your salary excluding Dec (or atvleast the unearned portion) is sufficient to stay in the same salary band then go ahead and apply before Dec end.

[moneypenny]

I actually have a related question... I was paid on the 22nd of December and this is to cover the entire month of December, however our office is closed on the 24th until the 5th of January. Should I still not claim December? I've a letter from my employer confirming the payment dated on the 24th and confirming that the early payment is due to holidays.

Cheers!

[push]

I actually have a related question... I was paid on the 22nd of December and this is to cover the entire month of December, however our office is closed on the 24th until the 5th of January. Should I still not claim December? I've a letter from my employer confirming the payment dated on the 24th and confirming that the early payment is due to holidays.

Cheers!

24th Dec - 5th Jan office closed - I must say you are working with a very good company mate. Jokes apart, what I said was a strict interpretation of the guidance notes. The caseworker may have a very lenient view on this point and more so because of the supporting letter from the employer. It will be 29th tomorrow (which is when I think you will apply) almost the month end. I would advice you to clarify the point in your cover letter - that you are still employed with the company and the December Salary has been credited on 22nd due to oncoming holidays.

[superman008]

Technically No as the unearned salary can not be used to claim the earnings points. If your salary excluding Dec (or atvleast the unearned portion) is sufficient to stay in the same salary band then go ahead and apply before Dec end.

but I have got a salary certificate dated the 26th of Dec, so technically I can't claim for the whole of December using this anyway, as the evidence from the employer needs to be dated after the period of claim.

What do I do in this scenario? Pls help......

[sri_sunny]

If ur payslip is already generated and if the pay reflects in the bank statement, you can definately use this earnings and apply....

[tvn_ramesh]

If ur payslip is already generated and if the pay reflects in the bank statement, you can definately use this earnings and apply....

Sunny.. i also thought the same till i saw push message...

Technically No as the unearned salary can not be used to claim the earnings points. If your salary excluding Dec (or atvleast the unearned portion) is sufficient to stay in the same salary band then go ahead and apply before Dec end.

Hello Push.. Are you sure? just want to confirm it with 2nd advice..

Guys/ Seniors

Can you please see my case below and comment/suggest if you think i am doing something wrong..

In my Case my salary for every month is paid on 27th of that month example. Jan salary on 27th Jan, Feb salary on 27th Feb.. Dec sal on 27th Dec...

I receive my Bank statements period from 24th Jan-23rd Feb, 24th Feb-23rd Mar.... 24th Nov-23 Dec... So if i get extra days bank statement till today 29th Dec 2008 and

Use my earning period from 28th Dec 2007 - 29th Dec 2008 (NOTE: 12 months but 13 statements) and use my bank statements from 23rd Dec 07 - 29th Dec 08 which i will receive in 3-5days in hand from bank)

Than go to the local HSBC branch and get the letter from the manager for Maintenance funds on 3rd Jan 2009 that the minimum balance over a period exceeding last 3months has never been less than 1866£ (800£ for me and 533+533£ for my 2 dependents) that is, since 1st sept till date (3rd Jan 09) which is more than 3months...

My Questions:

Q1. Can i use the Bank statements from 24th Dec 2007 - 29th Dec 2008 (12 consecutive months but 13 Bank statements)??

Q2. In the above case do i need to again submit a bank statement till 3rd Jan 09? for proving the Maintenance Funds or the letter from the Bank stating that i have the min require funds in the account is enough?

Q3. Or Should i ask the Bank Manager to write a letter that i have the min required funds from 1st sep 08 till 29th Dec 2008, for which i have all the statements and as i will submit my application befoe 28th Jan 09?

My questions may be already answered somewhere or may be found silly but i have got only ONE chance to put my case RIGHT and i want to be sure that it is right with the help of your advices/suggestions ...

Because.. not all are lucky to get the bank statements from 1st to end of the months...

Thanks for your time..

Regards,
Ramesh

[push]

Q1. Can i use the Bank statements from 24th Dec 2007 - 29th Dec 2008 (12 consecutive months but 13 Bank statements)??

Yes. The bank statements are used to tally the net salary per your salary slip with the amount deposited. In cover letter you might want to highlight that your monthly salary is usually credited around *** date every month.

Why are you using earning period from 24th Dec 2007 to 29th Dec 2008?? Why not Dec 1, 2007 to 30th Nov 2008? or Jan1, 2008 to 31st Dec 2008?

Q2. In the above case do i need to again submit a bank statement till 3rd Jan 09? for proving the Maintenance Funds or the letter from the Bank stating that i have the min require funds in the account is enough?

No - just state in your cover letter that the same statements can be used as an evidence of maintenance funds.

[tvn_ramesh]

Why are you using earning period from 24th Dec 2007 to 29th Dec 2008?? Why not Dec 1, 2007 to 30th Nov 2008? or Jan1, 2008 to 31st Dec 2008?

Reason why I said, i will use my "Bank Statements" which are dated 24th of a month to 23rd of next month.. becos, i dont get my bank statement from 1st of a month to the end of month..

BUT not to confuse and keep things straight.. i will Use my earning period as 1st Jan 08- 31 dec 08 and submit in early Jan 09 (using bank statements from 24th dec 07 till 23rd dec 08 PLUS additional Bank statement covering 31st Dec 08)

No - just state in your cover letter that the same statements can be used as an evidence of maintenance funds.

I thought Maintenance Funds shown should be the latest status/ statement and If i showing my earning period till end of Nov 08, and ask the Bank manager for supporting letter for 3months till Nov 08.. (sep-oct-nov) it will not be the latest status of my account.. which can be a reason to get rejected..

So, if the bank manager writes the supporting letter on 31st dec saying as per his current status or latest 3months (oct-nov-dec) maintenance funds satisfy the condition.. is more appropriate..

Correct if i am wrong...

Push.. Thanks for the quick response and suggestions... highly appreciated..

[push]

Dates of statements presented in support of earnings is immaterial.
Maintenance Funds- the statements should not be dated more than 7 days (now 1 month as per the latest change) before the date of application submission. Hope that helps

[zayedshah]

Hi push_hsmp, is the maintenance funds to be dated 1 month before now instead of the 7 days? Thanks.

[drjabberwocky23]

Hi push_hsmp, is the maintenance funds to be dated 1 month before now instead of the 7 days? Thanks.

Actually, both you and push appear to be correct, depending on the circumstances you are applying.

If the application is submitted from OUTSIDE the United Kingdom, then the evidence of maintenance funds should be dated within 7 days of the date of application.

If the application is submitted from INSIDE the United Kingdom, then the evidence of maintenance funds should be dated within 1 month of the date of application.

[tvn_ramesh]

If the application is submitted from OUTSIDE the United Kingdom, then the evidence of maintenance funds should be dated within 7 days of the date of application.

i know there is still some debate over this BUT may be you would like to go through This POST n LINK which says...

PBS Tier 1: evidence of maintenance funds – change in requirements (08/12/2008)
With immediate effect PBS Tier 1 applicants may submit evidence of personal savings to meet the maintenance requirement that is dated no more than one calendar month prior to the date application. Applications that have in the past been refused solely on the grounds that the accompanying evidence of maintenance funds was more than seven days old on the date of application will be reviewed. Results of reviews will be notified to relevant applicants in due course.

[push]

Hi push_hsmp, is the maintenance funds to be dated 1 month before now instead of the 7 days? Thanks.

Actually, both you and push appear to be correct, depending on the circumstances you are applying.

If the application is submitted from OUTSIDE the United Kingdom, then the evidence of maintenance funds should be dated within 7 days of the date of application.

If the application is submitted from INSIDE the United Kingdom, then the evidence of maintenance funds should be dated within 1 month of the date of application.

its 1 month now. See this. However the changes do not reflect in the guidance notes and forms yet.

[drjabberwocky23]

Well spotted lads!

I stand corrected.

[DLAM]

i applied for tier 1 visa in sept 2008 and was denied b/c they did not accept maintenance funds showing in a roth ira that was a cd and not a checking or savings account - really, that was my fault, and i thought if i showed that i could withdraw the funds every month, which i did, right out of roth ira, like a savings ac that it would be ok = wasnt
ive waited 4 months and now reapplying

what also really bothered me is that NONE of my original tax documents or degrees (ba and JD) paperwork was returned to me...
and
they questioned and did not count ANY of my earnings, i had a signed official letter from payroll from my company on letterhead and 3 years of tax returns = they did not accept any of these documents bc they claimed that the amount of income i submitted for did not match up = ok, even if that IS true, does it make any sense that this category was totally
not counted - at all??? at a minimum why didnt they say, ok, this may not verify Z amount but it does, at a min, verify X amount = why was i given no credit at all?

i have read and re read guidance but a few outstanding ques

ques

(1) INCOME:
if my base for 12 month period BEFORE i went full time law school for 3 years is = hypothetically say 70K and my bonus is 30K but 40% of my bonus went straight into a 401k = does the consulate accept proof of earnings of the bonus?
OR does only *taxable* income count in the calculation?

(2) INCOME:
what exchange rate do i use for that 12 month period, lets say its aug 04-aug 05? what average exchange rate should i use?

(3) MAINT FUNDS:
to apply in USA you need to show 2800 GBP for 3 months consistently = at WHAT exchange rate? does the current exchange rate count?
the exchange rate has FLUCTUATED DRAMATICALLY from sept to dec 2008.

(4) MBA v. JD (rcvd in USA accredited university)
i just graduated law school in usa october 2008, from a policy standpoint, WHY do MBA's get 75 points under tier 1 for approved schools *****when it only takes 2 years to get an mba in the usa???
meanwhile, it takes 3 years to get a JD (law degree) which is FAR higher than a masters or mba (as far as schooling) and the 3 year JD only counts as a masters with 35 points?????
from a policy standpoint, i really do not think this is fair and was so extremely frustrated when i was denied in september bc MBA's have been getting these types of visas automatically for years and that is only a 2 year degree
why doesnt a JD count as a PHD or as a MBA?

(5) INCREASE IN REJECTION RATE IN LAST 2 MONTHS???
UK economy is in a downturn - a serious downturn with millions of people being laid off.............. has it become even more difficult to get these visas in the last 2 months (nov and dec 2008) = that is, is the denial/rejection rate skyrocketing due to protectionist policies?
i have no idea - but i do know when a country's economy is in big trouble , immigration can look for any odd excuse to deny a visa bc they need to protect jobs for their home country unemployed
PLEASE be honest
the cost of visa application is 1200 nonrefundable
the cost of having someone assist is 2000-40000 usd

MANY MANY MANY THANKS to this forum and to both applicants and experts
tier 1 visa's are not straightforward, it is a very detail oriented process and these forums help
many of us cannot afford experts to the tune of 2,000 to 4,000 usd on top of a nonrefundable app fee of 1200

many many thanks