Work Permit Compliance Audit

[gattha]

Hello Experts,

I am currently working on UK work permit (from last 2.5 years). The work permit for me was issued in February 2008. The salary mentioned in the work permit that I should be paid was £24000/p.a.

Due to the current Financial recession problems, I was been paid at £23000 from the last year. Plus I used to work overtime for few days (of course in same company and same work), so I am been paid for this apart from this £23000K.

Recently one of my colleagues applied for Tier 2 Visa in January 2010 and again my company sponsored him, and he got the visa. Now as per the home office Compliance rules they are going to come for an audit in next month. So they have asked the company to provide all the details of employees.

I have few concerns, if anyone of you can help me with this would be much appreciated:

1. Will the home office people need my details? As I was issued work permit in 2008 and rules were different then in 2010, so would they require audit details from me and does my emaployer need to keep those details?

2. As I have mentioned I am been paid £23000 and not £24000, would this be a problem? Would home office consider this difference?

As they have asked to submit last 3 months pay slips and P60 form. The P60 form reflects the salary from Aril 2009 - April 2010 which is around £23500 (additional overtime). And my salary for last 3 months i.e. July 2010 & August 2010 is at £23000/p.a. and for Sep is £23000/p.a. + £480 (overtime).

But if I count my overtime from June 2009 until September 2010, I have got additional £2000 which should take my salary to £25000.

3. Someone told me I am just allowed to work certain no. of hours and cannot show any overtime work. Is this true? Am asking this as my salary slip mentions overtime hours and amount I have earned.

My employer doesn’t mind showing and paying correct salary from next month and if we can postpone the visit until November my salary slip should show correct salary.

Can anyone of you tell me any other things which might be potential problem for me?

Please let me know if you need any more details and I will provide them.


Thanks in advance to all of you

Regards

Gattha

[mt_dilber]

Hello Experts,

I am currently working on UK work permit (from last 2.5 years). The work permit for me was issued in February 2008. The salary mentioned in the work permit that I should be paid was £24000/p.a.

Due to the current Financial recession problems, I was been paid at £23000 from the last year. Plus I used to work overtime for few days (of course in same company and same work), so I am been paid for this apart from this £23000K.

Recently one of my colleagues applied for Tier 2 Visa in January 2010 and again my company sponsored him, and he got the visa. Now as per the home office Compliance rules they are going to come for an audit in next month. So they have asked the company to provide all the details of employees.

I have few concerns, if anyone of you can help me with this would be much appreciated:

1. Will the home office people need my details? As I was issued work permit in 2008 and rules were different then in 2010, so would they require audit details from me and does my emaployer need to keep those details?

2. As I have mentioned I am been paid £23000 and not £24000, would this be a problem? Would home office consider this difference?

As they have asked to submit last 3 months pay slips and P60 form. The P60 form reflects the salary from Aril 2009 - April 2010 which is around £23500 (additional overtime). And my salary for last 3 months i.e. July 2010 & August 2010 is at £23000/p.a. and for Sep is £23000/p.a. + £480 (overtime).

But if I count my overtime from June 2009 until September 2010, I have got additional £2000 which should take my salary to £25000.

3. Someone told me I am just allowed to work certain no. of hours and cannot show any overtime work. Is this true? Am asking this as my salary slip mentions overtime hours and amount I have earned.

My employer doesn’t mind showing and paying correct salary from next month and if we can postpone the visit until November my salary slip should show correct salary.

Can anyone of you tell me any other things which might be potential problem for me?

Please let me know if you need any more details and I will provide them.


Thanks in advance to all of you

Regards

Gattha

1. you will not be effected, as u had been granted visa previously under previous rules.

2. As long as u are earning same or more than the pay what u showed at the time of application and scored points upon, u are fine. but as u mentioned u were earning £1000 less than what u claimed in application. problem is, Home office inspectors are very clever, they may check electronic salary system as well as non-electronic records, so just correcting ur next pay slip may not solve the issue. But there is some exceptions i.e if salary reduction is made company-wide (not just ur salary) ur sponsor should check this in ''sponsor's guidance'' you can also check following this link under ''changing your job'' tab

http://www.ukba.homeoffice.gov.uk/worki ... s/#header2

3. Under European working time directive 2003, u can work 48 hr/week max. as long as u have not crossed the barrier, u r fine.

[gattha]

Hi Dilbert,

Thanks a lot for your response. I appreciate it very much.

In regards to 3, no i dont thnk i work more then 48 hours,

In regards to point 2. what do you mean by 'Electronic salary system'? Unlike other companies we dont have accounts department and this is been handled by another accountancy firm... So can they ask and go to check thier systems?

Also, if we show something like guranteed bonus for me, would that work? For e.g. we can show i will be allocated bonus of 3000 pounds at end of 2010? Would that help?

Once again thanks for your reply and help.

[mt_dilber]

Hi Dilbert,

Thanks a lot for your response. I appreciate it very much.

In regards to 3, no i dont thnk i work more then 48 hours,

In regards to point 2. what do you mean by 'Electronic salary system'? Unlike other companies we dont have accounts department and this is been handled by another accountancy firm... So can they ask and go to check thier systems?

Also, if we show something like guranteed bonus for me, would that work? For e.g. we can show i will be allocated bonus of 3000 pounds at end of 2010? Would that help?

Once again thanks for your reply and help.

I am not sure, whether they will go to accountancy firm, but i believe there must be some sort of record electronic or paper with ur employer as well.
In case of Tier 2 visa, i am not sure that bonus/overtime contribute to secure points. But as i said earlier, if the salary reduction was applied to all company staff then u are covered under certain law which can be found in sponsor's guidance.

[gattha]

Hi Dilbert,

Just in case if it goes completely wrong and HO people are not ready to accept the reasoning for less 1000 pounds, what can be the consequences of it? As in for me and my employer?

[mt_dilber]

Hi Dilbert,

Just in case if it goes completely wrong and HO people are not ready to accept the reasoning for less 1000 pounds, what can be the consequences of it? As in for me and my employer?

follow the link
http://www.ukba.homeoffice.gov.uk/sitec ... sguidance/

read sponsors guidance issued 1st of October 2010. i think u will find ur answer between page 50 to 61

regards

[mt_dilber]

read page 51 point number 379.

i think, in today's economical crisis, organizations are legally allowed to reduce pay or salary of employees (30% max) only if it applies to all or most staff and applied only for one year.