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P60 salary lower than what was claimed by ex-employer in WP

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Greatlookinguy
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P60 salary lower than what was claimed by ex-employer in WP

Post by Greatlookinguy » Thu Nov 25, 2010 1:59 am

Hi all. My situation is a little unique.. I've got all the documents, but the information given in them is not satisfactory for the home office! The salary shown in my P60s is significantly lower than claimed in my work permit. The lowest salary is during the first two years of my "deputation" here in the UK by TCS, the company I was working for.

Here goes.. After five years in the UK, three and a half of them with TCS, I submitted my ILR application last week. Submitted P60s for all five years ( 4yrs P60s from TCS + 1 yr from my current employer).

The current employer checks out fine. But they are unhappy with TCS's P60s as they say it shows a significantly lower salary than what was claimed in my work permit when TCS applied for it.

A TCS HR friend of mine told me off the record that the first two years an associate is on deputation from India, his "official" salary is in terms of some kind "allowance" and even though he gets paid the same amount throughout the deputation period, it is shown as something very less in the P-60 for some reason (tax purposes perhaps..?). He also said I would get nothing in writing if I officially asked them. I have done so,.. let us see.

In the meanwhile I have sent the home office three years worth of bank statements and my start and end dates on a service certificate to prove I was working for who I was supposed to, receiving the salary I was supposed to.

Fingers crossed.. should get a call tomorrow from my case officer.

Anyone had any experience in going to a lawyer regarding such cases? ..or indeed in any ILR related cases? How does the whole lawyer thingie work.. can they do something with the application form we cannot or influence the home office decision..??

What if TCS does not send me any official information on why they make the P-60s the way they do?

I cannot get my TCS payslip printouts now as they were only available online and as an ex-employee I don't have access to any of that online system. Plus they wouldn't count as already discussed in other threads, they don't show NI or TAX deductions.

Each request for official documentation has to be made to the corporate office in Mumbai and they take ages to get back. Even then, documents are posted only to an Indian address from where friends or family have to courier it to the UK.

Bl00dy hassle I tell ya..

Thinking that if the case officer rejects my request, I will have to go via a lawyer. But will that help?? What will the lawyer do? Plus it will mean another fresh application PLUS solicitors fees on top. Phew!

Any advice is much appreciated. Thanks all...!

Greatlookinguy
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Post by Greatlookinguy » Thu Nov 25, 2010 3:33 pm

Hi guys, haven't yet heard back from my case worker. Will call him tomorrow.

In case he gets a bee in his bonnet about that P60, can someone please recommend how to go about approaching a lawyer to proceed with my case?

What will the lawyer ask for and what kind of services can he/she offer?

Thanks! :)

smaganti
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Post by smaganti » Thu Nov 25, 2010 3:58 pm

HI,

Did you attend directly or thru post..?

Did they ask for p60's or you just submitted to them..?
Sri

Greatlookinguy
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Post by Greatlookinguy » Thu Nov 25, 2010 4:07 pm

Hi Sri, Thank you for your reply. I was getting a little anxious about the whole thing. I walked into the Cardiff PEO last week and paid the premium rate. I submitted all five years P60 as I had them (in hindsight I should maybe have noticed that the salary is a little low in some of them and perhaps given the bank statements instead.. but the P60s appeared official and "proper" to me at that time).

The case officer met me a few hours later and told me that the P60 salaries were very low and asked me to get two things from TCS:

1) Service certificate stating start and end dates (I think he wanted to confirm that I was indeed working only for TCS whilst under it's work permit)

2) An explanation of why the P60 showed the salary as so low compared to what TCS had claimed in my work permit.

The second item above is proving to be quite difficult to obtain from TCS.

So what I did is send item 1 above (which had to be requested for and sent from TCS's head office in India.. more delay!) and my bank statements for the period I worked with TCS as proof.

Now if the case worker accepts that as proof all is good.

But if he insists that now that he has seen the P60, he needs an explanation of why TCS makes it the way they do.. :( In which case I am stuck.

If that happens, What Do I Do??

Will a lawyer be able to help???

simplyu
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Post by simplyu » Mon Nov 29, 2010 11:07 am

Did you get the call? Is your ILR approved

Greatlookinguy
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Post by Greatlookinguy » Mon Nov 29, 2010 11:18 am

Didn't get a call yet. I called the guy up today morning. He was off on training all of last week and just got back. He said he will take a look today. Think I might get a call from him sometime today if he insists on the P-60 explanation. Hope like hell he doesn't and is satisfied with the Bank Statements.

In the meanwhile my ongoing requests to TCS India are generating some emails,... let us see if they do come up with some sort of document explaining why they make their P-60s the way they do.

*******************

Can anyone help me in here or does everyone just want to know how I get on and enjoy the show? :?

Guys, I really could use some advice on how to approach lawyers/solicitors for this and how it works when one uses them.. is it better to go through a solicitor, what can he/she do that I cannot?, what about going to court, costs etc?

Now information on THAT would be very much appreciated! :)

Cheers

smaganti
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Post by smaganti » Tue Nov 30, 2010 12:39 pm

HI

Did you hear anything back from caseworker..

Greatlookinguy
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Post by Greatlookinguy » Tue Nov 30, 2010 12:50 pm

Nopes. Still waiting...

hsmp12345
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Post by hsmp12345 » Tue Nov 30, 2010 3:31 pm

Greatlookinguy wrote:Nopes. Still waiting...
Hello mate. Do update your outcome in the forum. I am in the same boat where I was on intially on workpermit of a reputed Indian company and never received any P60s.

During Tier1 extension, I had provided stamped salary slips (didn't have any deductions mentioned in salary slips and I was claiming earning points based only on net salary) and bank statements. Caseworker had initial concerns and wanted to know why there are no deductions mentioned in salary slips. I tried to explain that my company directly pays group Tax & NI. After due consideration (and discussion with supervisor) they extended my visa. I did ask them if there wud be simlar issues when I will apply for ILR, I was told may not impact you as such but may delay the process.

Wish you best of luck,

Greatlookinguy
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Post by Greatlookinguy » Tue Nov 30, 2010 3:44 pm

hsmp12345 wrote:
Greatlookinguy wrote:Nopes. Still waiting...
Hello mate. Do update your outcome in the forum. I am in the same boat where I was on intially on workpermit of a reputed Indian company and never received any P60s.

During Tier1 extension, I had provided stamped salary slips (didn't have any deductions mentioned in salary slips and I was claiming earning points based only on net salary) and bank statements. Caseworker had initial concerns and wanted to know why there are no deductions mentioned in salary slips. I tried to explain that my company directly pays group Tax & NI. After due consideration (and discussion with supervisor) they extended my visa. I did ask them if there wud be simlar issues when I will apply for ILR, I was told may not impact you as such but may delay the process.

Wish you best of luck,
Looks like your "reputed Indian company" is TCS as well. Don't worry, say the name. There's nothing wrong there :)

In my case, I requested the firm for P-60s after resignation and they provided me with the same. Note, even AFTER resigning, they provided me with the required docs. All you have to do is request your HR/Finance for the docs you want and they will send 'em to you, stamped in post. If you are still working in the firm, don't be scared that this will become news and get back to your team lead who will send you back home on the first flight etc. Those HR guys have TONS of emails/requests to deal with everyday and no one has the time to "black list" employees who request documents like these in a huge company with thousands of employees.. I used to be scared as well lol

I called up the HMRC and NI helplines and they are sending me documents stating my "Employment History" and NI contributions since the time I arrived in the UK... they track this using one's NI number. I will use these if needed (got this info from another thread on this forum.. sniff around for it if you like, pretty interesting reading)

When I applied for Tier-1 two and a half years ago, I sent them the same docs you did plus my Indian salary slips+bank statements on top. Thankfully the case worker did not question me about NI contributions, taxes paid etc. on my "UK Allowance" stamped printouts. Think it depends on your luck to an extent.. they can get a bee in their bonnet about it if they want and ask for all sorts of documents, or simply look at the evidence provided and take a call based on their judgement.

Good luck to you too!

Greatlookinguy
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Post by Greatlookinguy » Wed Dec 01, 2010 10:47 am

GOT IT !!!!

Called up the home office guy and got the good news this morning. The originals should reach me from the Cardiff office today and the passport with visa stamped in it from Sheffield a couple of days later.

Lesson learnt, if your P-60 is at odds with your bank statements or Work Permit etc. do not submit it. In other words, make sure that ALL forms of documentation you submit all match each other as well as your immigration history. If you got some extra docs, there is no need to submit them unless absolutely necessary. Can always submit them later if he/she asks specifically for them.

For example, I believe I would not have faced these complications in my case if I had not submitted my P-60s and instead submitted the bank statements for my years with TCS. They clearly show the monthly salary over three and a half years and that it comes from TCS. The extra docs can sometimes cause more harm than good. This, and some luck if needed, will ensure a seamless path to success.

All the best All.

smaganti
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Post by smaganti » Wed Dec 01, 2010 12:00 pm

Congratulations.....

you might have gone thru sleepless nights from last few days..Anyway Enjoy and all the best...


Sri

hsmp12345
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Post by hsmp12345 » Thu Dec 02, 2010 8:54 am

Many Congratulations !!!

Coming back to my 'reputed company', it was not TCS but Wipro. I am no longer with that company now. I think I am going to follow your advice and provide my bank statements for economic activity (Salary Credit etc.) for the period while I was with Wipro for my ILR application.

hsmp12345

Hope2007
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Post by Hope2007 » Thu Dec 02, 2010 9:27 am

oh dear... i always thought that i couldnt work for big companies like wipro, infosys or tcs as most of my friends work and get decent pay...

but i have worked of uk companies ...for the past 8 years...but you would not have personnel growth ...all you will doing working on is MS technologies......

Greatlookinguy
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Post by Greatlookinguy » Thu Dec 02, 2010 2:40 pm

hsmp12345 wrote:Many Congratulations !!!

Coming back to my 'reputed company', it was not TCS but Wipro. I am no longer with that company now. I think I am going to follow your advice and provide my bank statements for economic activity (Salary Credit etc.) for the period while I was with Wipro for my ILR application.

hsmp12345
Wise decision. Make sure along with your Bank Statements you include a letter from Wipro stating your start and end dates with the company. You might have to write to your Corporate FFS team (I think that stands for Full & Final Settlement) which should be in Wipro's India headquarters. In TCS's case, they sent this document from their India head office to my Indian residence from where my dad dispatched the docs to me in the UK by DHL courier. Took about a week in all. This "service certificate" plus bank statements are proof enough. Salary slips/uk allowance slips and P-60s from Indian MNCs may have some issues with them in so far that they would not clearly state NI and Tax contributions for "onsite deputed" employees sometimes/most times :-) Use them ONLY if absolutely necessary.

Hope it goes through for you.

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