Salary issue for WP holders

[waijei2]

Hello, Experts

I'm WP holders for 5 years and due to apply ILR 28th April.
Job title is not on COP and salary was raised to meet income criteria yesterday 14/04/2011. Obviously increased salary doesn't show on previous month payslips (3 months) as company can't change it. Therefore I can't get increased payslip for the interview.

my question here is that ' Do I have to be paid currently at or above the rate what income criteria says' although on employment letter I'm paid at £ **.*** from 14/04/2011 ?

Please leave your advise


Thank you


waijei

[Gopaalan]

We will have wait for the experts to answer that.

In between, if your job title is not in COP, what income criteria are you talking about? is it the Salary on your Work Permit at the time of it's issue?

[littlerice]

Did you pick one from COP that's similar to your job discription?

I think you should be fine, since the rule says:

134 (iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, and

It doesn't say:"has been paid at of above ... for the period of £$%& month". So unless they set out a specific guidance about this which they haven't, base on the letter of the law, you are fine because on the day of your application, you are paid at the appropiate rate.

This is my understanding any way.

Good luck and let us know how you are getting on.

[geriatrix]

Following littlerice's interpretation, you'll need at least 1 payslip to show that you have been paid at the new rate effective 14/04/2011 as stated in the letter.

Unless the new salary has been paid, at least once, one cannot claim that "he is paid". Until then, all the letter does is that it certifies that "from XYZ date, he will be paid". The caseworker may argue that the letter may just be issued for the purpose of ILR with the employer having no intention to pay the new rate to the employee in reality.

Perhaps I am getting a bit too technical on the issue but I thought it wise to highlight something that could be a potential problem.

[abc123456]

Try to prepare the reason why your wage goes up, they might ask. good luck!

[waijei2]

Following littlerice's interpretation, you'll need at least 1 payslip to show that you have been paid at the new rate effective 14/04/2011 as stated in the letter.

Unless the new salary has been paid, at least once, one cannot claim that "he is paid". Until then, all the letter does is that it certifies that "from XYZ date, he will be paid". The caseworker may argue that the letter may just be issued for the purpose of ILR with the employer having no intention to pay the new rate to the employee in reality.

Perhaps I am getting a bit too technical on the issue but I thought it wise to highlight something that could be a potential problem.

Thank you all experts,
My pay day is 15/04/11. and company confirmed to change my salary on 14/04/11 (Only about 500 pounds and i've been paid above work permit). But they couldn't put it into my bank and record in pay slip as deadline had gone already. They said they can only put the date they have increased my salary on the employment letter.

Lilke my case, I just want to argue that How I have to show increased salary to meet income criteria on employment letter because parliament approved new rule only last week. This is best thing I or someone who is due to apply this month around could do as time wasn't enough given.

Thank you


waijei

[littlerice]

@waijei2
If you are paid monthly, then you'll just have to apply without the raised payslip, but I would suggest consulting a lawyer.

If you are paid bi-weekly, then you can just pospone the application until after April 29th when you get your next payslip.

[waijei2]

@waijei2
If you are paid monthly, then you'll just have to apply without the raised payslip, but I would suggest consulting a lawyer.

If you are paid bi-weekly, then you can just pospone the application until after April 29th when you get your next payslip.

I get paid monthly and increased salary would be 20th May but Visa expires on 10th May. Even my solicitor isn't sure 100% if my application will be successful or not.

Thanks

[littlerice]

I think if you explain everything clearly in the letter, it's very difficult for UKBA to find a solid reason to reject your application on salary ground.

[Cosmos]

Why people who is applying to ILR now worrying about COP and income criteria if this is a rule that has to be approved by Parliament before start to be apply?
Am I right or this is just another unfair trick from HO?

[genorp]

Why people who is applying to ILR now worrying about COP and income criteria if this is a rule that has to be approved by Parliament before start to be apply?
Am I right or this is just another unfair trick from HO?

It is being applied. Parliament doesn't have to explicitly approve it. It is approved by them not saying no. This is called "negative procedure" where it is considered approved unless either House objects. The full act was approved through "affirmative procedure" where both Houses must approve it. This is an adjustment to the parent act that is usually handled through "negative procedure".

[Cosmos]

Genorp

In that case what would be the way of demostrate your job title and salary within your application?

By a separate letter from employer?

There is nothing on the SET(O) form asking for a formal document to support this.

Any thoughts anyone?
Thanks

[geriatrix]

There is nothing on the SET(O) form asking for a formal document to support this.

Did you read Section 10 of the SET(O) form - in particular, 10B?

[Cosmos]

Found it.
Thanks a lot Shushdmehta

[kshahzad]

@waijei2
If you are paid monthly, then you'll just have to apply without the raised payslip, but I would suggest consulting a lawyer.

If you are paid bi-weekly, then you can just pospone the application until after April 29th when you get your next payslip.

I get paid monthly and increased salary would be 20th May but Visa expires on 10th May. Even my solicitor isn't sure 100% if my application will be successful or not.

Thanks

Waijei2, can you please share your experience with this issue? how did you go along submitting your application? did you go to a PEO or applied through post?

[kshahzad]

has someone in a similar situation applied recently for ILR?

My previous pay was below the closest SOC code. My employer awarded me a performance based pay rise (effective 1st May 2011) that happened to coincide with the recent salary threshold criteria set by HO. So my current salary is above the relevant SOC code. I am applying this week for ILR and including the following with application:

- Letter from employer based on a template from this forum mentioning my new salary and relevant SOC code (closest match)
- Salary review letter from employer
- A previous salary review letter from employer
- Original contract on which work permit was based
- 3 pay slips (2 showing previous salary that was lower than threshold, 1 most recent one showing current salary that is higher)
- 3 bank statements (all showing previous salary because I haven't received the most recent one yet, although I requested a recent transaction print out from my bank to show the new salary credited in, which they stamped as well - so although it is not a bank statement that I receive through post, it is better than nothing I guess)

I am submitting other documents as well, but these will be the ones covering employment and salary issues.

Can someone please help and advise if these are likely to be acceptable as I am currently being paid the appropriate rate, but haven't been in past. And so are the rules, which are new and haven't been the same in past.