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Tier1 Extension

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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kandasamy
Member
Posts: 169
Joined: Mon Jul 07, 2008 11:40 am

Tier1 Extension

Post by kandasamy » Wed Oct 12, 2011 2:35 pm

Hi All,

I am planning for apply for Tier1 general extension by mid of November this Year..
I am working in UK for last 2 years and monthly salary paid in GBP. From July-Sep-2011 I was in India and salary was paid in Rupees.

While I am calculating the Earning power I am consider 12 Months salary slip staring form (Nov 2010 to Oct 2011),

Nov 2010 - June 2011 - GBP XXXXXX
July 2011- Sep-2011 - INR xxxxxx * Exchange rate
Oct -2011 - GBP - GBP XXXXX

Total Earning is £33.000 which I am getting only 35 points which I am not meeting the eligibility criteria for my Tier1 General visa extension.

So I am planning to use my monthly payslip from Aug 2010 to July-2011, the total earning is more than 40K and I will be getting 40 points.

Please advise me whether can I use 12 months salary slip( 2010 to July-2011) instead of using Nov 2010 to Oct 2011 monthly salary slips.


Thnaks in advance

Regards
Kandasamy

ScopeD
Member of Standing
Posts: 358
Joined: Thu Apr 09, 2009 11:24 am
United Kingdom

Re: Tier1 Extension - Earning power Calculation doubts

Post by ScopeD » Wed Oct 12, 2011 3:12 pm

kandasamy wrote:Please advise me whether can I use 12 months salary slip( 2010 to July-2011) instead of using Nov 2010 to Oct 2011 monthly salary slips.
You are allowed to use earnings from any 12 month period (consecutive) in the last 15 months. Personally I think you will be ok to use the Aug 10 - July 11 provided you get the application to the UKBA in good time before November ends.

kandasamy
Member
Posts: 169
Joined: Mon Jul 07, 2008 11:40 am

Post by kandasamy » Wed Oct 12, 2011 7:01 pm

Hi,

Thanks for your reply.

I am considering my gross salary for calculating the earning power. please confirm whether we need to use net or gross salary.

do i need to get employer salary certificate

Regards
Kandasamy

ScopeD
Member of Standing
Posts: 358
Joined: Thu Apr 09, 2009 11:24 am
United Kingdom

Post by ScopeD » Wed Oct 12, 2011 7:16 pm

kandasamy wrote:I am considering my gross salary for calculating the earning power. please confirm whether we need to use net or gross salary.

do i need to get employer salary certificate
Gross salary but may I also suggest that you read the guidance policy because the instructions are better explained there, and all these points are covered in the guidance.

kandasamy
Member
Posts: 169
Joined: Mon Jul 07, 2008 11:40 am

Post by kandasamy » Wed Oct 12, 2011 9:17 pm

hi,
Thanks for help and support

Regards
Kandasamy

kandasamy
Member
Posts: 169
Joined: Mon Jul 07, 2008 11:40 am

Post by kandasamy » Thu Oct 13, 2011 3:06 pm

Hi,

I am having one more doubt in my earning power calculation.

In the month of July I got my UK payslip with details leave Encashment and amount was credited to my account.

can I consider this leave Encashment amount for Earning power calculation.


Regards
Kandasamy

ScopeD
Member of Standing
Posts: 358
Joined: Thu Apr 09, 2009 11:24 am
United Kingdom

Post by ScopeD » Thu Oct 13, 2011 4:01 pm

kandasamy wrote:can I consider this leave Encashment amount for Earning power calculation.
Reading the Guidance Policy will help. Your question is covered as follows (the last point):
101. Earnings may include, among other
things:
• salaries (includes full-time, part-time, and
bonuses);
• earnings from self-employment;
• earnings from business activities;
• statutory and contractual maternity pay and
statutory and contractual adoption pay;
• allowances (such as accommodation,
schooling or car allowances) that form part
of an applicant’s remuneration package;
• dividends paid by a company in which
the applicant is active in the day-to-day
management, or where the applicant
receives the dividend as part or all of his/
her remuneration package;
• income from property rental, where this
forms part of the applicant’s business; and
• payment in lieu of notice (a payment made
instead of requiring an employee to work
the normal period of notice when leaving a
job).

mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Fri Oct 14, 2011 8:02 am

ScopeD wrote:
kandasamy wrote:can I consider this leave Encashment amount for Earning power calculation.
Reading the Guidance Policy will help. Your question is covered as follows (the last point):
101. Earnings may include, among other
things:
• salaries (includes full-time, part-time, and
bonuses);
• earnings from self-employment;
• earnings from business activities;
• statutory and contractual maternity pay and
statutory and contractual adoption pay;
• allowances (such as accommodation,
schooling or car allowances) that form part
of an applicant’s remuneration package;
• dividends paid by a company in which
the applicant is active in the day-to-day
management, or where the applicant
receives the dividend as part or all of his/
her remuneration package;
• income from property rental, where this
forms part of the applicant’s business; and
• payment in lieu of notice (a payment made
instead of requiring an employee to work
the normal period of notice when leaving a
job).
Payment in lieu of notice and payment in lieu of leave are not the same?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Oct 14, 2011 10:14 am

There is no concept of "earning power" in Tier 1 (General) assessment. The assessment is based on "previous earnings"!

Payment of wages in lieu of "unused leaves" can be included in previous earnings, if the payment was credited during the 12 month window you wish to claim points for.

That said, what does the payslip state as description for this payment?
Life isn't fair, but you can be!

kandasamy
Member
Posts: 169
Joined: Mon Jul 07, 2008 11:40 am

Post by kandasamy » Fri Oct 14, 2011 10:36 am

Hi,

In my July month payslip , there is only one entry and it is mentioned as
"Leave Encashment" and amount GBP 473.40.
I am using the 12 months payslip for pervious earning assessment (Aug 2010 to July-2011).

So Can I use the July 2011 month payslip for my Previous earnings assessment


Regards
Kandasamy

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Oct 14, 2011 11:22 am

kandasamy wrote:In my July month payslip , there is only one entry
Why, if I may ask? Were you working for a different (new) employer that month? - making this payslip reflect only one entry "leave encashment" and nothing else (basic pay, allowances etc.)?
kandasamy wrote:it is mentioned as "Leave Encashment" and amount GBP 473.40.
Okay. Payment of wages in lieu of "unused leave" is a statutory requirement.
Life isn't fair, but you can be!

kandasamy
Member
Posts: 169
Joined: Mon Jul 07, 2008 11:40 am

Post by kandasamy » Fri Oct 14, 2011 2:29 pm

Hi,

I am working for the same company for last 4 Years. I went to India to India for 3 months and I worked from offshore starting from July-Sep-2011,
So the leaves in uk are enchased and settled to my account,

As a proof for Pervious earning I am showing my payslip and the bank statement.
I tried to get the salary certificate from employer, but they refused to give.
it is OK if I show both Payslip and bank statement.

Regards
Kandasamy

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Oct 14, 2011 2:54 pm

kandasamy wrote:it is OK if I show both Payslip and bank statement.
Follow suggestion already given.
ScopeD wrote:Reading the Guidance Policy will help.
Life isn't fair, but you can be!

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