WP Holder - ILR application: Salary wrt COP

[uk_mkh]

Hi,

Hope someone can help. I could not find answers to my questions in another posts, so hope the answers gleaned here could be of benefit to others.

I am a WP holder who will be applying for ILR in Dec 2011. With the 6th April 2011 changes for WP holders, I wonder if somebody could answer the following questions.

Q1)
I have a job title that exists in the COP guidelines, but the job description, even though in the same sector - IT , does not match my job description at all. In fact, my job description is pretty unique. As such, does this mean UKBA will use the COP Job Title for ascertaining if I meet salary requirements?

Q2)
If they do use the COP Job Title, how is salary calculated? For example, of I add my Gross + Bonus salary, I just fall short of the COP guidelines. However, I have an annual £4.5K car allowance shown and taxed in Salary slip every month. If I add the Car Allowance, I then exceed the COP limit. Can I use my Car Allowance amount for my 'salary'? To me it does increase my monthly income, so I think I could use it.

Q3) Do I have to continue to work for my employer during my ILR period. The employer will need to write a supporting document confirming that they still require me, etc. But what happens if they make me redundant thereafter or if I want to leave after ILR is granted? Is this possible?

The reason I ask is with the old rules, once ILR was granted you technically could be like an HSMP Visa holder in having no restrictions on employment, starting business, etc. With the new rules, it appears the WP VISA rule will continue to apply for ILR period too.

Many thanks in advance

[littlerice]

1, you should go with "job discription" rather than "job title", find one that fits what you do most, doesn't matter the job title is different.
2, salary only counts basic 40hrs/week, don't think overtime or bonus is counted. not sure about car allowance.
3, once you get your ILR, you can do whatever you want, change job, sit at home, whatever, as long as you don't leave the country for more than 2 years in one go.

[uk_mkh]

Many thanks for the advice. Looks like I will need to speak to my employer about finally increasing my salary.

[uk_mkh]

Actually, another clarification required if somebody does know?

My salary consists of 12 payments + and additional 13th Month (Bonus). It is written into my contract, which means I get it regardless of performance, etc. In this case, can the 13th Month Bonus be included as part of my annual earnings. I've been receiving it since I started with the company.

Many thanks in advance

[littlerice]

Assuming this 13th month pay is only paid at the end of year? which means it probably wouldn't show up on your 3 month payslip, then you'll just have to let your HR explain that on the letter AND bring your contract with you when applying.