ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Contracting payment delay

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

Locked
Testingtime
Newly Registered
Posts: 8
Joined: Tue Jan 26, 2016 8:29 pm

Contracting payment delay

Post by Testingtime » Wed Jan 27, 2016 7:35 pm

Hi All,

A very quick question please.

I will be applying for ILR in last week of March.

I planned to show income from March 15 to Feb 16.

Until the end of December, I was having a regular employment, but for Jan and Feb I will contracting (at a higher rate)

Unlike the regular job, the contract job pays me differently. [On the last working day of the month, I will complete a timesheet, which goes to my agency and umbrella company]. So after the month's work, I would get paid following month (Say 10th-15th of next month).

But all payslips correctly reflect the work I do.

So for my Feb 16 (which happens to be my last month for earnings for visa), the money will be in my account by around March 15. [but my payslips would show my work from Feb 1 to Feb 28-this is correct]

I am hoping to put this in a covering letter to HO, so they know why the delay in payment happened.

Please let me know your thoughts.

madred
Newly Registered
Posts: 9
Joined: Tue Jan 26, 2016 7:07 am

Re: Contracting payment delay

Post by madred » Wed Jan 27, 2016 9:13 pm

what implication does this lag in pay has on your earnings points scoring assessment /evidences(assuming your bank account wont have this pay) ?If you are using an umbrella company you are technically 'employed' and not self-employed(Director/Bshareholder) so the rules,requirments and evidence (for persons as employees applying for ILR) will apply
if its adversly affected why dont you consider using feb15 - jan 16 instead?

Testingtime
Newly Registered
Posts: 8
Joined: Tue Jan 26, 2016 8:29 pm

Re: Contracting payment delay

Post by Testingtime » Wed Jan 27, 2016 9:41 pm

Hi Madred,

Thank you for your reply.

Without the Feb 16 pay, I will be shortly less than the amount needed to show for Visa. As I am contracting I am earning slightly higher. If I show Feb 15 pay, then I will have just 50 bucks extra of what is needed.
(Mathematically and as per rules this should be sufficient)

But Feb 15 pay is cutting me very fine..

I wonder cant I declare Feb 16 pay, as I would technically have at least 1000 extra of what is needed.

Firstly, thank you for your time in going through my query.

madred
Newly Registered
Posts: 9
Joined: Tue Jan 26, 2016 7:07 am

Re: Contracting payment delay

Post by madred » Thu Jan 28, 2016 8:03 pm

testing time;
ur reply is bit confusing mate.

'Without the Feb 16 pay, I will be shortly less than the amount needed to show for Visa. As I am contracting I am earning slightly higher. If I show Feb 15 pay, then I will have just 50 bucks extra of what is needed.
(Mathematically and as per rules this should be sufficient)' -


The above statement sounds like an oxymoron to me : if you include your feb 15 pay are you saying you meeting the earnings requirement and go over by 50£ : if it is so its absolutely fine as long as the requirments are met ...you do not get extra points for exceeding the threshold (by 50 or 500) unless you move into the next slab of earnings thereby extra points ?

Assuming you want to include Jan16 and Feb 16 pay (as a contractor via umbrella company)
what evidences are you required to produce and what do you have (requirements versus actuals)?

O_Relly
Senior Member
Posts: 847
Joined: Mon May 23, 2011 5:22 pm

Re: Contracting payment delay

Post by O_Relly » Thu Jan 28, 2016 9:05 pm

Testingtime wrote:Hi All,

A very quick question please.

I will be applying for ILR in last week of March.

I planned to show income from March 15 to Feb 16.

Until the end of December, I was having a regular employment, but for Jan and Feb I will contracting (at a higher rate)

Unlike the regular job, the contract job pays me differently. [On the last working day of the month, I will complete a timesheet, which goes to my agency and umbrella company]. So after the month's work, I would get paid following month (Say 10th-15th of next month).

But all payslips correctly reflect the work I do.

So for my Feb 16 (which happens to be my last month for earnings for visa), the money will be in my account by around March 15. [but my payslips would show my work from Feb 1 to Feb 28-this is correct]

I am hoping to put this in a covering letter to HO, so they know why the delay in payment happened.

Please let me know your thoughts.
Your salary payments should reflect within the time line you are claiming earnings for.

It doesn't matter when the timesheets are filled, invoices are raised and payment is made to the umbrella company, all that matters is when the umbrella company makes payment into your personal bank account.
Cheers,
OR

Testingtime
Newly Registered
Posts: 8
Joined: Tue Jan 26, 2016 8:29 pm

Re: Contracting payment delay

Post by Testingtime » Thu Jan 28, 2016 10:00 pm

Hi Madred and O_Relly,

Thank you for your replies.

I have payslips correctly showing the exact amount I earned. The payslips will show the exact date I worked for.

Also, the contract between the agency, me and umbrella company- reads that payment delay happens.

I have these two proofs to say that I earned the amount with in the months specified. I can provide the contact phone numbers of the agency and umbrella company so HO can verify.

Please could you tell me whether the 2 proofs + Contact details would not be sufficient.

madred
Newly Registered
Posts: 9
Joined: Tue Jan 26, 2016 7:07 am

Re: Contracting payment delay

Post by madred » Fri Jan 29, 2016 12:07 am

I have payslips correctly showing the exact amount I earned. The payslips will show the exact date I worked for.

Also, the contract between the agency, me and umbrella company- reads that payment delay happens.

I have these two proofs to say that I earned the amount with in the months specified.


mate
imho you do not have two proofs of your earnings claimed (hence the points) you have one which is a payslip and the other should be Bank statement ...in your case your second 'Proof' is mearly a contractual agreement between 3 parties (yourself/Agency/Umbrella company) ... i m not sure if this will suffice ..
Contact details of parties involved are 'Additional information' that we provide to UKBA incase they need to validate any of the information provided and does not 'Prove' anything or cant be treated as a proof..

one option is to talk to your umbrella company and bring forward your payment schedule in line with end of monthly invoice submission (may be a day or two delay perhaps)..remember umbrella company provides you a service for a commission(fee) and its also in their best interests to help you out during need such as these...im sure they can be considerate to accomdate you needs...

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Contracting payment delay

Post by Wanderer » Fri Jan 29, 2016 10:23 am

Hopefully you are on T1?
An chéad stad eile Stáisiún Uí Chonghaile....

O_Relly
Senior Member
Posts: 847
Joined: Mon May 23, 2011 5:22 pm

Re: Contracting payment delay

Post by O_Relly » Fri Jan 29, 2016 1:37 pm

Testingtime wrote:Hi Madred and O_Relly,

Thank you for your replies.

I have payslips correctly showing the exact amount I earned. The payslips will show the exact date I worked for.

Also, the contract between the agency, me and umbrella company- reads that payment delay happens.

I have these two proofs to say that I earned the amount with in the months specified. I can provide the contact phone numbers of the agency and umbrella company so HO can verify.

Please could you tell me whether the 2 proofs + Contact details would not be sufficient.
No unfortunately they will not be sufficient. Your proofs will be,
1. Payslips
2. Bank statements.

There might be a chance that the case worker may use discretion in special cases, but imho your case doesn't appear to be so.
Cheers,
OR

Locked