Unfortunately, I don't have any advice on the appeal process as I haven't had to do it (yet!).
I had the same concerns regarding the W2 that you do (I posted about it over the weekend), but my solicitor seems unconcerned and someone else from the forums got approval based on their full income, so I guess it's okay. Perhaps include an explanation of our pre-tax deduction laws with your application?
My wage slips show 2 taxable sums: 1) my actual total salary, before things like health insurance are deducted (and this is what I used in my application) and then 2) the sum that gets taxed, which is the sum from 1) minus my pre-tax deductions. Each wage slip itemizes the pre-tax deductions as well.
But I also submitted a letter from my employer which verifies the "1)" total though my W2 disagrees, so I am hopeful they will figure it out. Further, since I gather from others that the HO calls your employer to verify, then should they ask my payroll person about the discrepancy, she will explain.
I'm honestly a bit perplexed as to what the HO thinks they can glean out of our W2s. I know nothing of the tax systems in other countries, but I think we Americans are just unlucky in that our system is weird this way and since the HSMP guidelines are aimed at the world in general, they did not account for it. But count your blessings, you and I don't have to go through the translating nightmares! (The HO just thinks we can't spell
)
Per the income guidelines, our pre-tax income is legitimate, it's just difficult to make sense of. Unless the applicant is claiming a calendar year for their income, the lump sum on a W2 wouldn't match the applicant's wage slips unless the applicant made the exact same wage every pay period for more than a year...and I would think that's rarely true. If you're doing your job well, you'd get a raise
And in my company, raises happen in March. IOW, in my case, the HO will not be able to take one of my wage slips from 2006 and multiply it to get the W2 sum - because the amount on the ones they have is higher than it was prior to March 2006.
So the short answer right now is: I don't know if my evidence is good enough, time will tell!
On your last question...my assumption is that it has to be no more (not even a day) more than 12 months. And isn't the period you list below 366 days? There are 26 pay periods in one year, per my company's pay schedule, so that is what I submitted. So, you could try but it doesn't sound right. It looks like the pound has taken a bit of a hit this week, so you might luck out on the exchange rate...it was down to 1.96 yesterday afternoon!
So hopefully at least some of that was useful!
Amy
The total gross earnings. I understand from the other posts that they should consider our total gross earnings amount even though some of the earnings are not 'reported to the tax authorities'. I have 401(k), medical insurance, cafeteria plan, and parking expenses deducted pre-tax. So the amount on my W-2 is about $20K less than my wage slips. They mention that the docs should 'be consistent with and corroborate' each other. Of course they won't. I submitted a letter from my employer, payslips from my co. accounting system, and a detailed explanation from my accountant. They refused because the pay slips weren't stamped and signed. Fair enough, my mistake. I misread the statement about 'on-line payslips' thinking that they meant those internet based server systems with private access, their printouts look generic to prevent identity theft.
I'm sure your W-2 won't match your wage slips, how did you explain the discrepancy? Do you think that I should submit statements from my 401k plan, cafeteria plan, med insurance, and so forth? My accountant suggested including information about the legality of paying for those items pre-tax. ?
Also, because I work on commission, I get 3 paychecks per month. 2 of them are guaranteed salary, the third is my month's commission. My commissision check is always a different amount, and I receive it between the 1st and the 5th each month. If I'm lucky. So, I'm squeaking by as it is with the dollar being so weak. I'm wondering if they'll accept to/from dates like May 5, 2006 to May 5, 2007? (that way I might have a better chance of getting the May 06 comm check and May 07 comm check within the 12 month period)
What do you think?
Thanks in advance--sorry again for the length--Heather[/quote]
