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ILR application options if salary slip shows <35K

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sojan
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Joined: Tue Jun 10, 2008 2:18 pm

ILR application options if salary slip shows <35K

Post by sojan » Mon Sep 10, 2012 6:38 am

Hi,
This is for my friend who is now almost 4 years 8 months completed in the UK. He was sent initially in work permit(2008) and then later changed into ICT as part of company from India (deputation)

Scenario
1. His total salary as per Initial work permit is 34K in the UK. Now he is getting 37K as per ICT docs.
2. The total pay in the UK comprises of Perdiem(salary slip) + HRA + TA. This perdiem is credited to bank account. HRA & TA is reimbursed.
3. Apart from that he receives approx 8K in India as salary (indian salary slip). Credited to Indian bank acc.
4. Thus technically speaking he is receiving 45K+
5. The total UK tax document shows the 37K amount, but that's available only once a year (P11D or something..)

Issue
1. He cannot show the 35K amount in payslips (Perdiem + India salary < 28K)
2. Tax document is done every year approx August time, but does not split at a monthly level
3. Since HRA is in format of reimbursement (its not present as a document) but only claimed internally. But this amount is part of the entire salary structure and tax statement.

Query
1. Anyone had this issue? Any input would be very helpful
2. Any options NOT to show salary slip<->bank statement combination, but two other documents for salaried people?
3. He asked me if a solicitor can help? Is it any good? Any recommendations

manci
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Post by manci » Mon Sep 10, 2012 8:31 am

is this the situation?:

20k shown in UK salary slips
17k HRA+TA reimbursed in UK (how?)
8k shown in Indian salary slips

What salary and what allowances are stated in the CoS?

What is the min. salary for his job SOC code?

sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Thu Sep 13, 2012 11:42 am

manci wrote:is this the situation?:

20k shown in UK salary slips
17k HRA+TA reimbursed in UK (how?)
8k shown in Indian salary slips

What salary and what allowances are stated in the CoS?

What is the min. salary for his job SOC code?
- 17k HRA+TA reimbursed in UK (how?) -> Via company internal claim tool. You need to submit House Rental DD, petrol bills etc for the claim. The claim money will come into UK bank account.

- SOC code i believe approximately 33K

manci
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Post by manci » Thu Sep 20, 2012 7:23 am

What salary and what allowances are stated in the CoS?

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

geriatrix
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Re: ILR application options if salary slip shows <35K

Post by geriatrix » Thu Sep 20, 2012 9:00 am

sojan wrote:Any options NOT to show salary slip<->bank statement combination, but two other documents for salaried people?
None, according to the immigration rule 245GF-SD.

Manci, can't the Indian salary slip and Indian bank account statements be also shown - in addition to the UK payslip and UK bank statement? Or is it that under Tier2 only UK income can be considered?
Life isn't fair, but you can be!

sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Thu Sep 20, 2012 3:00 pm

manci wrote:What salary and what allowances are stated in the CoS?

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
Hi Manci/Sush, i'm not sure on this split, but I will check out with him to get more details.

But going through the link, does the SoC have any importance in this case? It says either 35K or Soc whichever is Higher !!
So even if SoC is shown lower, he need to get 35K rt?

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Sep 20, 2012 6:10 pm

The £35k pay threshold will only come into force from 6 April 2016 (see the link). Since your friend presumably plans to apply in the near future he only needs to be concerned with the SOC code and matching pay.

sojan
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Post by sojan » Fri Sep 21, 2012 5:33 am

manci wrote:The £35k pay threshold will only come into force from 6 April 2016 (see the link). Since your friend presumably plans to apply in the near future he only needs to be concerned with the SOC code and matching pay.
ah.ok. Thank you Manci.

sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Further details

Post by sojan » Sat Sep 22, 2012 8:56 am

Hi guys,
Some further details
1. First work permit (non-ICT) 2008-09 -> Remuneration was shown as £20K
2. COS 2009-2010 -> Reference Salary: £32K
3. COS 2010-2011 -> Reference Salary: £32K
4. COS 2011-2012 -> Reference Salary: £33K

So guys, what salary should he show for applying ILR?
1. Is it possible to show the first WP of £20K ?
2. Can he show UK salary + INR salary ?

manci
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Post by manci » Sat Sep 22, 2012 9:44 am

see Immigration Rule 245GF-SD

sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Sat Sep 22, 2012 10:47 pm

manci wrote:see Immigration Rule 245GF-SD
Hi Manci,
Sorry couldn't find below details in this document
1. Is it possible to show the first WP of £20K ?
2. Can he show UK salary + INR salary ?

sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Fri Oct 05, 2012 6:22 am

Hi,

Can senior members help to above query

sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Thu Nov 08, 2012 8:19 am

Hello Guys,

Sorry for bumping it again.. Seems this is a complicated case.
Any help would be very helpful about the queries above

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