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3yrs salary less than WP figure

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

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laetitia
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3yrs salary less than WP figure

Post by laetitia » Wed Nov 02, 2011 5:55 pm

Hello,

I am preparing for my ILR application in January 2012 (5 years WP same employer), and have a concern regarding my previous salary.

For the first 3 years in this employment, my salary on the payslip (hence on the P60s as well) was significantly lower than the figure stated in the Work Permit. This was because the rent for my accommodation has been deducted from my gross pay and was paid by the company on my behalf.

Would this be a problem for ILR application?

I can provide a letter from employer confirming above the arrangement.

If someone could advise, I would be most grateful.

Thank you...!
laetitia

geriatrix
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Re: 3yrs salary less than WP figure

Post by geriatrix » Wed Nov 02, 2011 7:04 pm

Any deductions, such as the one you say, should have been reflected in the salary slips. If they were, then you should be fine .... and a letter from the employer confirming such an arrangement should be sufficient to explain.
Life isn't fair, but you can be!

laetitia
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Joined: Tue Nov 01, 2011 4:18 pm

Post by laetitia » Wed Nov 02, 2011 10:04 pm

Thank you very much for such a quick reply sushdmehta.

I checked the old payslips, and there is no mention about this accommodation rent deduction anywhere...!

Do you have any idea if our accountant could go back to the previous salary slips (which then were done by a different accountant who is now retired) and amend them now (and report to HMRC?), or if there is anything else I / my employer could do to rectify the problem?

I just hope there is a way.....!

geriatrix
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Post by geriatrix » Thu Nov 03, 2011 12:22 am

Simply put, you were not being paid in accordance with your WP. And you cannot, now, have the facts altered to falsely show that you were.

If your employer was not paying you on the pretext that the money was owed by you on account of company-provided accommodation and the money in question was never declared in the payslips (and therefore P60), what will HMRC do? As far as HMRC is concerned, your income was what is reflected in your P60 (which you already have).
Life isn't fair, but you can be!

laetitia
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Posts: 3
Joined: Tue Nov 01, 2011 4:18 pm

Post by laetitia » Thu Nov 03, 2011 8:27 am

Thank you for your reply.

Oh dear... I should have been aware of this not leaving it all with the company...

I will speak to my employer and start looking into Tier 2 application, or start packing up...

Thank you very much for your valuable advice again.

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