Tier1 extn - Apply or not to apply (urgent pl advice)

[tulipz]

Hi all,
Urgently need your advice please. We have a PEO appointment for our Tier1 visa extension...next week....Our case is:

DH - Main applicant
me and DD - Dependents

From May 2010 to June 2011 DH's situation is:
Phase 1: deputation from Indian firm May 2010 to Oct 2010.
Phase 2: Secondment - directly employed by UK firm from Nov 2010

for phase1, we have UK payslips where gross is like £5000 and deductions of over £4000. Deductions were towards company provided accomodation (all bills included) and Indian salary. But the payslip doenst clarify that. It just says 'deductions'. So even though the gross was £5000, he would get somewhere around £800 as a take home. Would this be a problem???? Also, in Phase1 payslips, tax = cumulative, NI = not applicable.... would this be a problem???

Phase 2 payslips are all normal.

(the company he works for is a reputed UK based consulting and Audit firm - if that matters at all)
---------------
30-June-2011
Another problem!
One payslip from phase 2 has gross salary wrongly mentioned. Deloitte will probably be able to rectify this in a letter. But not sure if we can get it by tomorrow.

Friends, please let me know which option below you'd choose if you were in my place. To clarify, we can still get through with just 6months payslips (exactly required points)

Option1: Apply with 12 months payslips (Phase1 and Phase2) and request the caseworker to ignore that wrong payslip. For the deduction bit, we have a letter from the rental agency confirming Deloitte was paying for the rent. We dont have a letter from the employer but HR is willing to confirm the same if HO calls her.

Option2: Ignore Phase1 payslips and the wrong payslip from phase 2 and apply with the remaining 6 payslips (Exactly suffuient for the points)

Option3: Cancel PEO appointment. Get everythign in order and apply.

More info:
1. Our current visa is valid till Oct. but DH and I are losing job opportunites becasue of visa validity
2. We are applying for 3 of us together...so over £2000 at stake

[tulipz]

Senior members, could you please share your thoughts?

[geriatrix]

Be patient!

[tulipz]

Sorry. I am quite tensed about this.

Will wait.

[tulipz]

thoughts anyone? Still waiting.... quite tensed about this though.... 124 views and not even 1 reply

[geriatrix]

If I were the caseworker, I would be surprised to see 80%-85% deductions (on the gross amount) in the payslip, and would want to see documentary evidence(s) as to what these deductions are for ... if the applicant has claimed points for the entire gross amount mentioned in such payslips.

IMHO, you'll need to do a lot of explaining (in a cover letter / to caseworker, depending on the method you use to apply) and documentary evidence(s) from the employer to:
1. provide explanation of deduction against (part of) salary credited overseas.
2. deduction related to accommodation is indeed an allowance that forms part of contractual salary of the employee, but is deducted from payslip because the company is responsible for payment of related dues (rent, bills, council tax etc.).

To corroborate point 1, you may need to provide bank statements of the Indian bank where the Indian salary is credited ... and to show that the salary is being paid in reality and gets deposited in a bank overseas.

[tknayak]

If the main applicant has really earned £5000 out of which £4000 are deductions, then you should not fear. There is no one who can stop you from getting the visa. The two things you may need to do are:

1. Give clarifications for these deductions in the covering letter, as sushdmehta has suggested

2. Make the main applicant's previous employer aware of it. He may get a call from the case worker. And they will have to do a lots of clarifications, including why no NI was paid

[tulipz]

Thank you Sushdmehta and Tknayak. Much appreciated.

Our PEO ppointment is on 4 Jul. It'll be difficult to get a letter from the employer at such a short notice (Deloitte - every letter they issue goes from their legal team. So they take time)

During Phase1, we lived in company provided serviced apartment. Is it okay if we get a letter from the rental company (Deloitte rented from this company for us) that we lived in their apartment during this period and Deloitte paid for it including rent, council tax and bills.

We can provide India bank statements to prove India salary. But no attestation since we cannot get it done from here

Do you think this is sufficient?
Or do you think we should cancel the 4-Jul PEO slot and apply after we get a letter from the employer?

-Tulipz

[tulipz]

Another problem!
One payslip from phase 2 has gross salary wrongly mentioned. Deloitte will probably be able to rectify this in a letter. But not sure if we can get it by tomorrow.

Friends, please let me know which option below you'd choose if you were in my place. To clarify, we can still get through with just 6months payslips (exactly required points)

Option1: Apply with 12 months payslips (Phase1 and Phase2) and request the caseworker to ignore that wrong payslip. For the deduction bit, we have a letter from the rental agency confirming Deloitte was paying for the rent. We dont have a letter from the employer but HR is willing to confirm the same if HO calls her.

Option2: Ignore Phase1 payslips and the wrong payslip from phase 2 and apply with the remaining 6 payslips (Exactly suffuient for the points)

Option3: Cancel PEO appointment. Get everythign in order and apply.

More info:
1. Our current visa is valid till Oct. but DH and I are losing job opportunites becasue of visa validity
2. We are applying for 3 of us together...so over £2000 at stake

[geriatrix]

Option 2.

[Sushil-ACCA]

HO is looking taxable salary , nothing to do with deduction , if expenses claimed and not taxed u r not achieving threshold

[Sushil-ACCA]

check yr taxable salary as per PAYE

IF THIS is meeting yr required earning u will be fine , all reimbursement r not earning for tax point of view

this practice of showing less income for tax and taking rest as expnses works good when u dont have to prove yr income to anyone

but when to get mortage or HO not good

[tulipz]

Thanks for your valuable inputs.
My husband is trying to sort out the payslips issue with his company. We just have tomorrow to go and we are still not sure if we are going to make it to the appointment (Monday morning).

Worst case, what happens if I cancel the appointment on Sunday night? Is there a cutoff for cancellations? Can I book another appointment (from a different id) in the meanwhile?

Grrrr...I am going completely mad at this point !!! Thanks again for all the help. Appreaciate it.

[Sushil-ACCA]

U CAN TEXT ho

and get new appointment once u r ready

keep posting

[tulipz]

Thanks Sushil

[chandnip]

I would not cancel POE appointment.

If it were me I would go for Option - 2.

There is no point in claiming more points then required.

It would unnecessarily confuse the case worker and would take more time to verify indian salary and bank statement.

you have 2 more days to rework on the application and cover letter.
Best of luck, and let us know how it goes.

Please find below the points from guidance notes.

From Sec2: Page 15 of the latest guidelines applicable from 6th_april
http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf

83. An applicant does not have to be in
continuous or full-time employment during the
12 months being assessed.

84. An applicant may claim for a period of
earnings of less than 12 months if they have
earned sufficient funds to claim the necessary
points.

[geriatrix]

Please continue in this topic.