General Questions – Calling those in the Know please!

[aussie123]

1) Past Earnings Evidence:
My current package sits just below the earnings threshold as of today, although daily fluctuations in the x-change rate can sometimes bring me close to the threshold required to get the total points. Thus if I was to apply in my current job, I would need to ensure all earnings are included. This would include both my superannuation and bonus which gives rise to the following issue. My superannuation contributions from each pay period (which don’t get paid into my bank account, they go into my super fund) are not shown as part of the total gross earnings, they are listed as a separate item on each pay slip. That is, my gross earnings don’t include these contributions so an immigration officer would have to add the super contributions on top of “gross earningsâ€

[push]

[quote="aussie123"]1) Past Earnings Evidence:
My current package sits just below the earnings threshold as of today, although daily fluctuations in the x-change rate can sometimes bring me close to the threshold required to get the total points. Thus if I was to apply in my current job, I would need to ensure all earnings are included. This would include both my superannuation and bonus which gives rise to the following issue. My superannuation contributions from each pay period (which don’t get paid into my bank account, they go into my super fund) are not shown as part of the total gross earnings, they are listed as a separate item on each pay slip. That is, my gross earnings don’t include these contributions so an immigration officer would have to add the super contributions on top of “gross earningsâ€

[aussie123]

1) There is a standard salary verification letter I can print out and get my boss to sign, but only states my current package. It does not explicitly state what I earned over the past 12 months. However, I could perhaps get payroll to do up a a letter explicitly stating what my earnings were over the previous 12 months. This might be better anyway as I don't want to get my existing line manager involved in this process.

The other question is on what day would they apply the x-change rate? I know for payslips it is the day of the last payslip. What about in the case of a letter? Exactly what information has to be on this letter and what format (e.g. has to be on company letter head?).

2) When you mean you can enter the UK whenever you like, I thought that there was a time frame after granting of the Tier 1 work permit that you had to actually enter the UK? Or is it the case that you have unlimited time to enter the UK after granting of the work permit?

[push]

1) There is a standard salary verification letter I can print out and get my boss to sign, but only states my current package. It does not explicitly state what I earned over the past 12 months. However, I could perhaps get payroll to do up a a letter explicitly stating what my earnings were over the previous 12 months. This might be better anyway as I don't want to get my existing line manager involved in this process.

Mate, I would advise you to go through the guidelines available on UKBA website which clearly spell out what they are looking for in the letter from the employer. The caseworkers simply do not allow any latitude as far as supporting evidence is concerned.

The other question is on what day would they apply the x-change rate? I know for payslips it is the day of the last payslip. What about in the case of a letter? Exactly what information has to be on this letter and what format (e.g. has to be on company letter head?).

The exchange rate would be taken from OANDA.com website and the rate applicable on the last day of your 12 months earning period will be used.

2) When you mean you can enter the UK whenever you like, I thought that there was a time frame after granting of the Tier 1 work permit that you had to actually enter the UK? Or is it the case that you have unlimited time to enter the UK after granting of the work permit?

See this is a bit of grey area. Click on the links provided in my earlier post and you should get some clarification. Obviously, if there is significant delay between the VISA date and your actual entry the Immigration Officer might ask you for a justification. I could not find any reference to a max period within which one needs to enter UK post stamping of Tier-1 VISA.

[tvn_ramesh]

1) There is a standard salary verification letter I can print out and get my boss to sign, but only states my current package. It does not explicitly state what I earned over the past 12 months. However, I could perhaps get payroll to do up a a letter explicitly stating what my earnings were over the previous 12 months. This might be better anyway as I don't want to get my existing line manager involved in this process.

Mate, I would advise you to go through the guidelines available on UKBA website which clearly spell out what they are looking for in the letter from the employer. The caseworkers simply do not allow any latitude as far as supporting evidence is concerned.

Try to get a letter in this lines,,, change it as per ur location.currency etc,,


Date: 09/01/2009

TO WHOM IT MAY CONCERN


This is to confirm that Mr. XxxxxXX. TTT is an employee of YYYYYYYYY working as job title since date.

The total gross salary received by Mr. TTT for the period of earnings period is total amount. Please find a table below which shows the breakup of his salary in detail as Gross Salary, Net Salary, Salary Month and Date Credited directly into his bank account.

SALARY DATE CREDITED GROSS SALARY NET SALARY
January 2008 25th Jan 2008 £ 1111 £ 999.19
February 2008 29th Feb 2008 £ 1111 £ 999.17
March 2008 28th Mar 2008 £ 1111 £ 999.16

if there are any salary discrepancies in any month should be taken as an opportunity to be covered in this letter

get it done by ur reporting or Managerial level so that they can confirm if the HO will ring them back

goodluck

[paulmu]

1) Past Earnings Evidence:
*Is an immigration officer most likely going to simply take the gross earnings as the final amount and simply overlook the superannuation contributions as by definition one would assume gross earnings is the total earnings!

Please note Guidance (page 21, Item 111) - Unearned sources of income not considered as previous earnings: money paid to the applicant as a pension.

The Australian equivalent of a UK pension is the supperannuation. Hence, you cannot declare this as income.

[push]

1) Past Earnings Evidence:
*Is an immigration officer most likely going to simply take the gross earnings as the final amount and simply overlook the superannuation contributions as by definition one would assume gross earnings is the total earnings!

Please note Guidance (page 21, Item 111) - Unearned sources of income not considered as previous earnings: money paid to the applicant as a pension.

The Australian equivalent of a UK pension is the supperannuation. Hence, you cannot declare this as income.

"Money paid to the applicant as a pension" - this refers to the amount paid to someone as pension and not that is contributed by the employer to a pension fund on behalf of the employee (and is reflected on the salary slip).

[paulmu]

Unfortunately, the guidance note does not elaborate on the definition of 'money paid', but given that pensions are only ever PAID OUT to pensioners (ie. when you turn 60 or so), it is *unlikely* that is the sense of the statement.

[push]

Unfortunately, the guidance note does not elaborate on the definition of 'money paid', but given that pensions are only ever PAID OUT to pensioners (ie. when you turn 60 or so), it is *unlikely* that is the sense of the statement.

In India if you complete a minimum (15 years) of Govt. service and resign you can get the pension paid on a monthly basis. Even if you are working with a private company you are eligible for pension payment from your earlier employer (Govt. in this case). Please note that the guidance says "money paid to the applicant". And secondly what makes you think that a retired person could not apply for Tier-1??

[paulmu]

Firstly, I operated my own superfund, so I know how it works; and secondly, a retiree is unlikely to apply under this category to enter the UK.

[gordon]

This doesn't sound quite right. Pension contributions that an employer makes on an employee's behalf, are not considered part of the employee's earnings; they are benefits. I had a previous employer who listed employer contributions to superannuation in the payslip, but the caseworker explicitly did not count these toward earnings for these purposes. However, if the employee makes separate contributions on his own, these would be shown to have been deducted from gross earnings on the payslip.

Those who take early retirement may receive pension payments; surviving family members may also receive pension payments. So it is not inconceivable that a person not himself of pensionable age, might receive pension payments; hence, the exclusion in the policy guidance.

AG

[push]

This doesn't sound quite right. Pension contributions that an employer makes on an employee's behalf, are not considered part of the employee's earnings; they are benefits. AG

Well exactly. Pension contributions are benefits and form part of the remuneration

Remuneration:
Payment you receive for work you have done or a service you have supplied. This includes salary as well as other types of benefit.

This is given on the right hand side of the UKBA web page under Terms Explained. Also see this:

Allowances
We will only include allowances (such as those for accommodation or schooling for your children) in the assessment of your previous earnings if they are part of your remuneration package and are not paid to reimburse you for money you have previously spent

& lastly this:

Unearned sources of income that we will not consider as previous earnings include:
expenses (such as accommodation, schooling or car allowances) that reimburse you for money you have previously spent;
dividends from investments, unless it is a company in which you are active in the day-to-day management, or unless you receive the dividend as part or all of your remuneration package;
income from property rental, unless this forms part of your business;
interest on savings;
funds that were inherited;
money paid to you as a pension;
expenses where the payment reimburses you for money you have previously spent;
statutory redundancy payment;
sponsorship for periods of study; or
state benefits.

It clearly refers to the money paid to you & NOT to that contributed by the employer towards your pension fund.

[gordon]

There is, of course, no doubt that benefits form part of remuneration. However, it does not follow that all forms of remuneration for salaried employees count as gross earnings - and that's where the argument that employer-paid superannuation may be counted as part of gross earnings, falls down. One cannot fail to notice that the list of acceptable earnings does not include employer-paid superannuation (deferred compensation) or medical/dental coverage (group benefit), two of the most common types of non-salary remuneration extended to salaried employees. A bog-standard salaried employee will look at that list of Earnings we include in the assessment and see that earnings to be counted include:

* salaries (including full-time, part-time, and bonuses); [...]
* statutory maternity pay and contractual maternity pay;
* allowances (such as accommodation, schooling or car allowances) that form part of your remuneration package;
* dividends paid by a company, where it is a company in which you are active in the day-to-day management, or where you receive the dividend as part or all of your remuneration package; [...]
* payment in lieu of notice (a payment made instead of requiring an employee to work the normal period of notice when leaving a job).

No deferred compensation or group benefit there. And fair enough, since the caseworkers give points for gross earnings, not gross renumeration.

AG

[push]

I agree with you but at the same time the restrictive list below the section that you have quoted does not say that these are disallowed either?

[push]

Unless they are equating "contribution on behalf of employee to superannuation fund" with "pensions paid to the applicant".

[aussie123]

1) There is a standard salary verification letter I can print out and get my boss to sign, but only states my current package. It does not explicitly state what I earned over the past 12 months. However, I could perhaps get payroll to do up a a letter explicitly stating what my earnings were over the previous 12 months. This might be better anyway as I don't want to get my existing line manager involved in this process.

Mate, I would advise you to go through the guidelines available on UKBA website which clearly spell out what they are looking for in the letter from the employer. The caseworkers simply do not allow any latitude as far as supporting evidence is concerned.

Try to get a letter in this lines,,, change it as per ur location.currency etc,,


Date: 09/01/2009

TO WHOM IT MAY CONCERN


This is to confirm that Mr. XxxxxXX. TTT is an employee of YYYYYYYYY working as job title since date.

The total gross salary received by Mr. TTT for the period of earnings period is total amount. Please find a table below which shows the breakup of his salary in detail as Gross Salary, Net Salary, Salary Month and Date Credited directly into his bank account.

SALARY DATE CREDITED GROSS SALARY NET SALARY
January 2008 25th Jan 2008 £ 1111 £ 999.19
February 2008 29th Feb 2008 £ 1111 £ 999.17
March 2008 28th Mar 2008 £ 1111 £ 999.16

if there are any salary discrepancies in any month should be taken as an opportunity to be covered in this letter

get it done by ur reporting or Managerial level so that they can confirm if the HO will ring them back

goodluck

Thanks for the advice, much appreciated. One question though - is your line manager likely to support evidencing your work permit application given that it would result in your employment ceasing with the company? Unless of course he wants to get rid of you but I doubt that is the case with my boss. For those who have just finished a job its a non issue but for those currently in a permanent position I really do wonder how this is supposed to work.

I am consdering maybe going contract where I have a better chance of getting the earnings required and evidencing would be a non-issue.

[paulmu]

Unless they are equating "contribution on behalf of employee to superannuation fund" with "pensions paid to the applicant".

Not sure how this would show up on your pay slip, but I should imagine the gross amount to reflect your base salary (before contributions), which would be OK.

[push]

Unless they are equating "contribution on behalf of employee to superannuation fund" with "pensions paid to the applicant".

Not sure how this would show up on your pay slip, but I should imagine the gross amount to reflect your base salary (before contributions), which would be OK.

thats where the confusion is. Might be worth sending them an email, unless someone has done so already.