important query about self employment

[shyamanand]

Hi Experts,
a) I hav asked few questions before n got the answers left an impression that i am with good people always. thankx for ur good support . I hav come up with new questions for tier 1 which I am planning to apply in jan 2011. I am a self employed sole trader regd with hmrc doin a hardware assembly job for an xyz company. the company supposed to pay me 4k but they agreed to pay in two instalments. My question is if I get two invoices from same company will I be claming points as self employed or employment.

b) I am working as an engineer, full time. I am getting my pay slips every 17th . I want to claim from Jan 2010 to Dec 2010 . The money I will be getting untill dec 17th is 30000..( ie) november pay,so want to add my dec pay as well which I will receive in 17th jan 2011.

This dec salary supposed to be comin in jan17th whereas I will be applying for visa by 6 to 10 th jan so a week before I file my application, I can add my pay for December rt? because I am claimin points for work I hav done and its not advance payment .can I apply first by post with a covering letter about this n after a week sending my december payslip as well in post following..
my full time employment salary till november pay = 30,000 +
self employment = 4000 +
december pay getting on jan 17th = 2700 +
-------------------
total = 36700

plz advise me . thanking u in adv.

[mulderpf]

a) Since you'll be using invoices, it has to be self-employment regardless of whether they pay using one or two invoices.

b) You can only claim money once you've been paid. How are you going to show a bank statement showing the money paid on 17 January if you apply a week before the money was paid in?

Also, just to check then, you are using your January 2010 salary paid on 17 February 2010? Because if you use what you were paid on 17 January 2010, you will be claiming 13 months instead of 12.

[shyamanand]

a) Since you'll be using invoices, it has to be self-employment regardless of whether they pay using one or two invoices.

b) You can only claim money once you've been paid. How are you going to show a bank statement showing the money paid on 17 January if you apply a week before the money was paid in?

Also, just to check then, you are using your January 2010 salary paid on 17 February 2010? Because if you use what you were paid on 17 January 2010, you will be claiming 13 months instead of 12.

hi mulderpf ,
thanks for your reply. I am cleared with the invoice question. but u r mistaken I am not showing 13 months pay slip. I started my job from mid of jan 2010 so I got the salary on feb 17th 2010. when u calculate from that month till the one which I will receive in january 17th 2011 goin to be only 12 month. but unfortunate i have to apply my visa before I receive my salary.
lets put it simple words I am applying in Jan 9th 2011 but want to add tht month pay slip as well but I will get only on 17th that is one week after. can I add that month wages to claim points by addding a covering letter and sent later in post after it come to my bank account?. that pay will really uplift my short fall amount. or can i get advance payment from company for that month with company letter.

any idea plz help. god bless u all.

[blue.olive]

Hi Experts,
a) I hav asked few questions before n got the answers left an impression that i am with good people always. thankx for ur good support . I hav come up with new questions for tier 1 which I am planning to apply in jan 2011. I am a self employed sole trader regd with hmrc doin a hardware assembly job for an xyz company. the company supposed to pay me 4k but they agreed to pay in two instalments. My question is if I get two invoices from same company will I be claming points as self employed or employment.

b) I am working as an engineer, full time. I am getting my pay slips every 17th . I want to claim from Jan 2010 to Dec 2010 . The money I will be getting untill dec 17th is 30000..( ie) november pay,so want to add my dec pay as well which I will receive in 17th jan 2011.

This dec salary supposed to be comin in jan17th whereas I will be applying for visa by 6 to 10 th jan so a week before I file my application, I can add my pay for December rt? because I am claimin points for work I hav done and its not advance payment .can I apply first by post with a covering letter about this n after a week sending my december payslip as well in post following..
my full time employment salary till november pay = 30,000 +
self employment = 4000 +
december pay getting on jan 17th = 2700 +
-------------------
total = 36700

plz advise me . thanking u in adv.

A. Invoices will be coming from you not from company and you will be self emp and send the other necessary documents with your application required for self emplyd applicant e.g. Atleast two of them
UTR number from HMRC
Employer liability insurance
Business bank
VAT return
Business lease

B. if you get payslip before salary is transferred into your account
you can get salary advance from employer and send the bank statement showing amount received in your account along with payslip showing salary advance. I think it will resolve the issue. But if your salary period is 17 Dec to 17 Jan then i think you can not do that as you have not earned that amount yet, in that case you can't used this option

Good luck
Olive

[mulderpf]

Hi syamanand - I didn't say it was 13 months, I just checked that you included 12 months, which you did.

You cannot include documentation which post-dates your date of application, so if it is not in your bank account on the 9th of January, you cannot claim it.

In terms of getting an advance payment on your salary - I know some people had problems with claiming it before and I know some people got through with it before. I suggest you read through the guidance to ensure that it's definitely allowed.

[shyamanand]

thankx guys blueolive n mulderpf, may god bless u guys more.

only its a matter of a week isnt I hav worked from 17th dec till jan 17th. But applyin my visa in Jan 10th so least expected to add that month as well isnt. one would be wrong if he add the feb month pay without even started to work for tht month.
Ok plz advise me on adv payment so tht I will try to get jan pay in dec itself. wht sort of letter I need to get it from my employer and wht I should mention in my covering letter. cheers guys.

all ideas welcome.

[Rahs]

I will advise that you should explore the option of getting your 12th month earning to be paid into your acount earlier than 17th day of the month, so that it will suit your purpose.It might be possible for you to get this done.

[shyamanand]

I will advise that you should explore the option of getting your 12th month earning to be paid into your acount earlier than 17th day of the month, so that it will suit your purpose.It might be possible for you to get this done.

do u think i can get a salary adv for the 12 th month in next month pay . plz adv cheers

[mulderpf]

That would depend on your employer. I don't think anyone here would be able to answer that.

[Rahs]

I will advise that you should explore the option of getting your 12th month earning to be paid into your acount earlier than 17th day of the month, so that it will suit your purpose.It might be possible for you to get this done.

do u think i can get a salary adv for the 12 th month in next month pay . plz adv cheers

You dont necessarily needs to bid for salary advance.If your contract don't state the day of the month that you will be paid. You can negotiate for the 12th month to reflect in your bank account before Jan 9(which is your December pay). Then you can print your last bank statement; you don't need to wait for normal bank statement that is sent by post(as you don't have time to waist).

Even if your contract states you can still negotiate for concession that I mentioned above. You never can employer might agree to this.

[shyamanand]

thanks guys n esp rahs,

my salary date is 17th every month and my employer told me they cant give me my pay before that in tht month. but they said I can get a salary adv in dec. I am not clear with your answer pls describe elobrate. plz help me. y u think that i cant claim point for tht month coz thats is for december month isnt only my salary day is late .
started job jan 2010- dec 2010. cheers good hearted

[blue.olive]

thanks guys n esp rahs,

my salary date is 17th every month and my employer told me they cant give me my pay before that in tht month. but they said I can get a salary adv in dec. I am not clear with your answer pls describe elobrate. plz help me. y u think that i cant claim point for tht month coz thats is for december month isnt only my salary day is late .
started job jan 2010- dec 2010. cheers good hearted

u cant claim the salary, which is unearned
as all previous salary slips will be showing pay dates and the dates salary credited in ur account. if you try to change in last month, its potentially risky thing to do.
i reckon you wait till ur jan salary is credited in ur account and then apply.

[hsyasin]

Hi shyamanand,
i need some information about self employment from u. can i contact u somehow?

[geriatrix]

Hi shyamanand,
i need some information about self employment from u. can i contact u somehow?

PM?

[shyamanand]

hi all gurus,

one of the member of this site swati had similar issue about the pay slip and seniors like sushmeeta, push n other hav advised her that the 13th month pay cannot be added. but my case I am just claimin from feb 2010 to jan 2011 . But my visa expires on jan 11 and I will receive my salary on 17th jan. so obviously i cant receive my pay before that. all companies pay at the end of the month whereas my company pays only in the mid week of next month. If I claim for feb it will be 13th month but I am not doing so.. Will they accept a covering letter states above all and I sending it after a week as soon as receive later with the bank statement through by post.

I am totaly confused . if I manage to get a salary advance in dec month pay will it be ok. plz explain me in brief friends. plz forgive for repeated questions. I am an engineer and am I allowed to do engineer contract job isnt. one of my friend said that as I am workin for an engineering firm I was not allowed to do same kind of job. plz advice as this means a lot. cheers guys.

[mulderpf]

No, your documentation CANNOT post-date your application. You can only claim up to and until the date of your application. If you haven't received the money, you cannot claim. This is not the issue of a 13th paycheck or anything, the issue here is that you are trying to claim for earnings which will be paid to you after your application.

What if your application is processed the same day or the next? They don't sit waiting for bits and pieces of applications to come in. If that was the case then everyone would want to submit their applications immediately and tell them to wait while they collect the right documentation.

If you do not send us all the documents we need when you make your application, your application may be refused on the grounds that you have sent insufficient evidence, and your fee will not be refunded.

106. We will only consider actual earnings.

137. We will only award points for previous earnings if the applicant sends specified supporting documentary evidence with his/her application.

139. Supporting documents must show all the relevant earnings claimed by the applicant.

So you cannot use earnings unless it's been paid to you already as you will not otherwise have the second piece of evidence of earnings.

Following your logic, it would be the same as people waiting for savings to clear the 90 day mark to submit their applications immediately and tell UKBA that they will post the statements once the funds have been there for 90 days. Cannot be done - you have to wait until you have all documentary evidence and THEN apply.