ILR - Salary not right - Help me

[ILrdreamer]

Hello, i have this problem in mind and it is hunting me, i am loosing sleep.. please give me some possible advise,, thank you.

I have changed my job few months ago, however my new employer said that he will match my ex employer salary, (42K) but he will pay me 30K and the rest will be bonuses around the year ( so other staff wont complain)... so we got the new work permit stating that he will be paying me 42K - I still not had any bonuses from my employer yet ..

now in December i will complete my four years WP period, I noticed that in the ILR application that there is a question about Salary... I have two options:

1 - state my real salary (30 k ) and prove it with payslips and statment

2 - state the 42K monthly equivalent - but i dont have any supporting evidence - perhaps a letter..

I know the the right option for me will be option 1 - but i am worry that they will notice that it is much lesser than my work permit - and if they did notcie will it be a big problem? what could happen?

the only think i dont want after all this time is to be doing anything illegall...and i want to get my ILR on time as well,
no time to go and look for another employer ..

Please give me your advise on how to proceed my way out of this problem without loosing my status.....

Thank you

[Joseph]

ILRdreamer

You should show £30 base salary as supported by payslips, but also ask for a letter from the employer stating that they will pay you a bonus at year end as they have already assured you verbally. On the SET(O) form you could enter £30K base salary and £12K expected bonus totalling £42K.

If your employer is not willing to give such a letter, they probably won't pay the bonus either. Besides misleading you, they will have mislead Workpermits as well by stating £42K on your work permit application. You may have a legal case against them. Even if you are able to get ILR (your first priority), you should probably start thinking about changing employers.

Joseph

[vin123]

For your ILR application, it does not really matter whether your salary is 30K or 42K.

If the employer has shown 42K in the WP application it doesn't really affect you as an employee( Only the employer has lied -not you !).
If your employment contract states 42K salary and you are paid only 30K then its your responsibility to raise your voice and get the 12K back from them.

Home Office or Inland Revenue should not have any complaints for your 'lower 30K salary' in the payslip. They don't really care how much you are paid. They only care to see whatever you earn is legitimate and 'clear' as per your immigration status under the WP.
As long as you/your employer is paying the correct tax and national insurance for the income you have stated, and you have documents to support it, your ILR application should smoothly go thru.

Good luck.

[Joseph]

In any case, as a WP holder you need a letter from your employer that says at least that your employment is continuing.

Ask them to include in the letter your estimated (£42K?) income with bonus so that it matches what they said in the WP application. If they agree, then you have it in writing that they will pay you . If they don't agree to that, at least get the continuing employment part in the letter so that you can file the ILR application. You will at least find out earlier what their intentions are.

Joseph

[mailquery]

i would strongly advise NOT to have salary details in the employer letter for ILR. why draw attention , especially if there is a discrepancy between the pay slips and salary stated on the wp.

also the salary stated on wp and payslips is also not a problem.. you can always say the company downsized and hence your salary also got reduced ... though i am not advocating you lie!