UKBA Tier 1 (General) Earnings 34,999.92 = 35K?

[nopowerlost]

I am on 35K on my company and was planning to put in my renewal for tier 1 in few weeks, but I noticed something on my payslip where the taxable earnings was 2916.66 instead of 2916.67 - I asked our company accountant about this (very arrogant lady) but she said that is how her payroll software works and asked if i wanted her to pay me the 1P in cash.

My point here is that 2916.66 X 12 is a 34999.92, on the UKBA calculator, the bands are entered as 30,000 to 34,999 (without any decimals), in my defence I was think if they will ever touch the decimals this would make my pay go to 35k, since its .92 but home UKBA hasn't made any reference to rounding up or down.

Will like to know if i stand any risk with this? they wouldnt go mad over .08p will they? I have my employment contract, endorsed payslips and bank statements

[nks]

Are you good with respect to points with 34999? If yes, why worry?

Make sure that netpay in payslip matches upto each penny with what is credited in your bank.

[Manka10]

I am on 35K on my company and was planning to put in my renewal for tier 1 in few weeks, but I noticed something on my payslip where the taxable earnings was 2916.66 instead of 2916.67 - I asked our company accountant about this (very arrogant lady) but she said that is how her payroll software works and asked if i wanted her to pay me the 1P in cash.

My point here is that 2916.66 X 12 is a 34999.92, on the UKBA calculator, the bands are entered as 30,000 to 34,999 (without any decimals), in my defence I was think if they will ever touch the decimals this would make my pay go to 35k, since its .92 but home UKBA hasn't made any reference to rounding up or down.

Will like to know if i stand any risk with this? they wouldnt go mad over .08p will they? I have my employment contract, endorsed payslips and bank statements

what kind of risk are you talking about & what exactly is your question ?

[nopowerlost]

Are you good with respect to points with 34999? If yes, why worry?

Make sure that netpay in payslip matches upto each penny with what is credited in your bank.

Sorry for the half-baked information, the earning band i need to claim is for 35,000 - 49,999

I need to be in that band to get this renewal

[tier1_applicant]

Are you good with respect to points with 34999? If yes, why worry?

Make sure that netpay in payslip matches upto each penny with what is credited in your bank.

Sorry for the half-baked information, the earning band i need to claim is for 35,000 - 49,999

I need to be in that band to get this renewal

You may attach additional proof (e.g offer letter of 35k or employer letter stating annual gross as 35k and monthly breakup) to clarify the difference of few pence as round off errors.

[nopowerlost]

I thought so too, although my HR Dept/Accountant isnt really having none of my explanations, she game me letter showing 34,999.92 as gross, and payslips that add up to same amount, Although there is 35K written in my employment contract.

I did some tiny side jobs too, but i do not have any intention claiming this as part of earning due to the self-employed thing.

Would I need a special letter to explicitly explain the round up/down or adding my employment contract that states my salary as 35K should be fine and in all honesty I think different payroll softwares work in different ways, I guess this one does not know how to round decimals up.

[aravindb4u]

Its very very pity to know such cases where companies fail to understand immigrant's concerns and tensions.

In your case I would suggest,

1) Deal straight with the manager or company boss and explain your situation

2) If you have time for tier 1 renewal ask to put missing 8p into this month's salary as "overtime" or "salary review adjustments"

3) Ask them politely by explaining your situation, if not then say them you have no choice but to deal with them legally.

4) Talk to a solicitor, citizen's advice bureau or whomever.

5) Ask in the company if they have any overtime options that they can add in this month's pay?

6) Explain to the boss that recruiting a new person would cost them 2000+ pounds nowadays and retaining you for extra 8p is no harm.

If I were you I would do all the above steps in parallel desperately to sort the matter in 1 or 2 days.

Let me know how it goes. I pray that your case ends in success.

[nopowerlost]

Its very very pity to know such cases where companies fail to understand immigrant's concerns and tensions.

In your case I would suggest,

1) Deal straight with the manager or company boss and explain your situation

2) If you have time for tier 1 renewal ask to put missing 8p into this month's salary as "overtime" or "salary review adjustments"

3) Ask them politely by explaining your situation, if not then say them you have no choice but to deal with them legally.

4) Talk to a solicitor, citizen's advice bureau or whomever.

5) Ask in the company if they have any overtime options that they can add in this month's pay?

6) Explain to the boss that recruiting a new person would cost them 2000+ pounds nowadays and retaining you for extra 8p is no harm.

If I were you I would do all the above steps in parallel desperately to sort the matter in 1 or 2 days.

Let me know how it goes. I pray that your case ends in success.

I will try to email the company CEO, the difference is actually .08P less than a P, it is all from the decimals and payroll software. Our accountant is a drama queen, she said if homeoffice has question they should mail the company (blah blah), I am not totally cut in for all those drama, although I now also have my employment contract that has salary of 35K in it.

For my argument, I am thinking since UKBA has their salary band at 30 - 34,999 then 35 - 39,999

34,999.92 is surely beyond 34,999 and surely if taking the decimal into consideration it would be 35,000 ? no?

[catalyst]

In terms of decimals, in maths usually we round the figure too next level if it crosses .5.

I feel you are alright.

you have 6 choices.
1. Take a chance.
2. Mention in your application the details.
3. Write an e-mail to home office to get their feed back (which you can attach with you application.
4. You can call Home office and mention details in your application.
5. putting this one at the end as your accounts department is not co-operative (Go till the moon to get it resolved), write your manager and her manager an email (not resolved then to their manager) but be quick.

6. You can try all simultaneously.

[aravindb4u]

think from the Caseworker perspective....if he/she goes by the rule...she would think, " alright ok since the applicant is below the required band which is 35k i am gonna refuse it...i dont care what the below bands are and he qualifies for the bands below the required one or not"

if i were you i would not take chance with UKBA and all...think about the legal fuss and waiting once it is refused!!

your swift actions now will save you a lot of legal tensions in future..

the authoroties now you are gonna argue are well within your reach like the company/HR/manager ... i would target them rather than UKBA in future

[nopowerlost]

think from the Caseworker perspective....if he/she goes by the rule...she would think, " alright ok since the applicant is below the required band which is 35k i am gonna refuse it...i dont care what the below bands are and he qualifies for the bands below the required one or not"

if i were you i would not take chance with UKBA and all...think about the legal fuss and waiting once it is refused!!

your swift actions now will save you a lot of legal tensions in future..

the authoroties now you are gonna argue are well within your reach like the company/HR/manager ... i would target them rather than UKBA in future

Will it be OK, if i get her to pay me 1£ for overtime work and include this in my letter? to make up for the .08P?

[catalyst]

It should be alright and preferred

[Citigirl]

If you have time before your application, you should definitely get the missing amount paid AND reflected in your bank statement and salary slip or whatever you provide as evidence of income. It does not matter that under your contract you are entitled to 35K, all that matters is that you receive 35K and can prove it. You really don't want to be getting into an argument with the UKBA as to how their income bands should be rounded. Given their attitude, the decision is not likely to be in your favour. Good luck.

[rk_simh]

think from the Caseworker perspective....if he/she goes by the rule...she would think, " alright ok since the applicant is below the required band which is 35k i am gonna refuse it...i dont care what the below bands are and he qualifies for the bands below the required one or not"

if i were you i would not take chance with UKBA and all...think about the legal fuss and waiting once it is refused!!

your swift actions now will save you a lot of legal tensions in future..

the authoroties now you are gonna argue are well within your reach like the company/HR/manager ... i would target them rather than UKBA in future

Will it be OK, if i get her to pay me 1£ for overtime work and include this in my letter? to make up for the .08P?

"UKBA follow according to the system procedure, if you need to meet 35,000.00 GBP. you MUST meet to that earnings, as per the rules framed".
Do not give an opportunity to others, when you have an Advantage to Take.

[nopowerlost]

Thanks guys, I have been able to get the my higher boss and he is getting the stubborn accountant to pay me a courtesy bonus of £1 to make up for her crappy choice of payroll software and write me a letter to UKBA to this effect, I have told her to write the letter for the past 12 months earnings and supplied her with amounts paid to my bank account with dates, so am looking to use letter from employer/Bank statements combo in lieu of the payslips/bank statement, since the payslips alone wouldnt be enough to include proof of the £1 bonus.

[nopowerlost]

If you have time before your application, you should definitely get the missing amount paid AND reflected in your bank statement and salary slip or whatever you provide as evidence of income. It does not matter that under your contract you are entitled to 35K, all that matters is that you receive 35K and can prove it. You really don't want to be getting into an argument with the UKBA as to how their income bands should be rounded. Given their attitude, the decision is not likely to be in your favour. Good luck.

Agreed, thats what I am doing. I called the UKBA helpline for employer and they told me it is "very tricky" and advised me to "sort out something" with my employer before putting it in, because they cant guarantee that it wont be rejected

[aravindb4u]

I may be wrong in this, but make sure the 1£ is paid properly like tax and things.
Just a word of caution as I am no expert in tax matters.

Dont know how to ensure that tax and NI is paid for that 1£, although its employer's responsibility.

Any gurus and moderators can explain i guess.

Just to make sure that you are legally correct in getting that 1 £

[nopowerlost]

I may be wrong in this, but make sure the 1£ is paid properly like tax and things.
Just a word of caution as I am no expert in tax matters.

Dont know how to ensure that tax and NI is paid for that 1£, although its employer's responsibility.

Any gurus and moderators can explain i guess.

Just to make sure that you are legally correct in getting that 1 £

I guess that shouldn't be a problem for me, all taxes on my previous salaries are paid, and UKBA did state that all earnings including bonus is acceptable (in the guidance form), so I am hoping all things go smoothly. Although the accountant woman is such a pain, she has asked for another 1 week to write me a letter to UKBA, quite unbelievable!

[aravindb4u]

ok just ensure that if bonus needs to be taxed or not
afaik, all payments need to be taxed..

in case of letter, wht i did was, written all letter myself on word document and attached and forwarded email to HR to take a printout on company letter head, sign and seal it ... in that way easy for them...also make her realise its urgent for you...

[layman]

.. so am looking to use letter from employer/Bank statements combo in lieu of the payslips/bank statement, since the payslips alone wouldnt be enough to include proof of the £1 bonus.

Just wondering, does that mean that the £1 would appear in a bank statement which is outside the 12 months consecutive statement period? So the case worker has to consider 13 months bank statement(even if for £1 from the 13th one) but for the 12 month period(since £ 1 was bonus! within that 12 month period)?

Apart from that, if your contract mentions £35K as your salary, your organization HAS to pay you £35K down to the last penny, software or no software.

[nopowerlost]

.. so am looking to use letter from employer/Bank statements combo in lieu of the payslips/bank statement, since the payslips alone wouldnt be enough to include proof of the £1 bonus.

Just wondering, does that mean that the £1 would appear in a bank statement which is outside the 12 months consecutive statement period? So the case worker has to consider 13 months bank statement(even if for £1 from the 13th one) but for the 12 month period(since £ 1 was bonus! within that 12 month period)?

Apart from that, if your contract mentions £35K as your salary, your organization HAS to pay you £35K down to the last penny, software or no software.

The organization were supposed to pay the correct £35K, which is my right, but i guess the accountant is trying to frustrate me for challenging their work and accounting knowledge (her first response when I enquired at first was "go ask the payroll software developers why they round decimals down") - But I am trying to handle the whole thing with diplomacy, dont want to be caught in with old lady, i think she just wants drama.

But aside that, my first salary (for the period I am claiming) was paid into bank account on 30TH sept. 2011. So I guess all payments coming in up till 30th sept should be fine?? 30th sept was a day away from 1st october 2011 - so i think 12 months should still cover this september?

[nopowerlost]

Also in my argument, I have actually earned that £1 within 12 months even if it was paid 2 weeks late? and I think bank statement showing first entry on 30th sept. should allow entries till 30th sept. this year?

I hope this should be fine?

[nopowerlost]

And I am including my employment contract, letter explaining the £1 bonus from the accountant, bank statements with all funds including the £1, payslips on letter head, i sure hope that will be enough?

[aravindb4u]

you can only claim in your case, like below,

A) if you are including Sep 2012 salary then period of claim would be

1 Oct 2011 - 30 Sep 2012

B) if you are not including sep 2012 salary the,

1 Sep 2011 - 31 Aug 2012

But I guess you are paid bonus in september, so i would assume you are claiming for period A)

So in between that 1 year you can show 12 payments, 24 payments or whatever, doesnt matter. But the period of claim should be one year

[nopowerlost]

No - I surely should be able to claim earnings from

30.09.2011 - 29.09.2012 as it is a:

The applicant can claim points for
previous earnings in any single, consecutive
12-month period.



I think, I will sue the UKBA if they decide otherwise, considering the 0.08P that is in question.