Earnings period exceeds 12 months by 3 days

[argus7]

I am in a scenario where I have been paid 4 weeks by my previous employer. Now that I have switched jobs , the new empoyer pays salary every month on the 14th or 15th of the month.

The salary earnings that I need to show is from 29th may 2011 to 28th May 2012 as my pay for June 2011 was from 29th may.

Now when I get my salary for May , ill get paid till 31st of May.

Now my situation is that I would not qualify for extension unless I show the June 2011 to May 2012 earnings.

My visa expires in July 2012

Even though the pay period exceeds 3 days, I am showing salary paid from June to May 31st. as I got paid for June 2011 on the 15th of JUne 2011 and 15th May for May 2012, so that is within the 12 months period.

Will this be a problem if I exceed 3 days from 28 th may 2012 to 31 May 2012. I have taken a solicitors advice and I was shocked to hear him say that its perfectly Ok as long as the pay slips and salary was paid between the 12 months.

Please advice if possible

[longshift]

Solicitor is right. You should be fine.

[argus7]

Solicitor is right. You should be fine.

thanks longshift, but I am clearly exceeding by 3 days. I don't think this is correct.

But another note is that the pay I received for pay period 29th May to 25th June 2011 paid on the 15th June is TAX period 3.

So does this mean that the salary slip 4 weekly for June can be considered, even when 3 days of May are included.

Can someone explain this..any accountants here?

Otherwise my only option would be to show from 26th June 2011 to 31st May 2012 , and ill be short again by a few hundred pounds.

[nnj10]

I dont think there is much you can do.
Obviously your employer will not change payslips to suit your earnings period requirement.

I am sure Case worker will be practical enough to understand the situation and in worst case, he can proportionately deduct salary for 3 days if he wants to check that your salary still falls under the band for which you are claiming points for.

[Manka10]

you should be fine, i have claimed whole months earning (contract was finishing at the end of the month) through self-employment after applying in the beginning of the month & didnt have any issues so the converse should hold good too

if you are going over by 3 days, discounting the whole month's salary doesnt make sense, explain this in the covering letter if you wish but I would just leave it alone, if the CW wants, they can deduct 3 days salary & consider the rest of the earnings

bottom line is, you have earned the money in the 12 month period & the date of payment doesnt matter so much, CW can do the math for whatever number of days you are going over 12 months

[adityak77]

the most important bit missed is that what if the CW decides to ignore the May 2012 payslip. If that happens argus7 will not qualify.

This is really a fantastic and top quality case . what happens and how should one calculate earnings.

According to the policy guidance, one has to show earnings in the 12 month period.
Now OP has the earnings period 12 months but the pay has exceeded 12 months by 3 days.

One can show earnings as

e.g 1st May 2011 to 30th April 2012 ( if employer pays monthly)pay

OR

29th May 2011 to 28th May 2012 Thats if employer pays 4 weekly.


What I could suggest is to provide a cover letter and explain the case. as a 3 day dilemma

No employer would amend or change payroll structure for specific cases. The issue is that the CW will go by the books.

On a side note do CW calculate salary earnings or just go by the 2 sources of evidences provided? What means of verification they have, call up employers or HMRC.

Topics /posts like these should be good cases for and this example should be documented in policy guidance for applicants earning .

It would be unfair to argus7 , if the CW ignores his May 2012 or June 2011 pay period slip . I think the HO should consider this as a case where earning has been made within the 12 month period but because salary earned by a new src is monthly , and is exceeding 3 days.


May the force be with you!

[argus7]

I will take a chance with this and explain in a cover sheet saying that I got paid for June 2011 on 15th June 2011 and May 2012 pay date was as per the date on the pay slip and salary deposited.

Thanks,


Thank you all for reading and providing your inputs.

[adityak77]

Reading through the pollicy guidance point no.81 explains this :

If an applicant claims for a period of
earnings that is more than 12 months, or
has not indicated a period for assessment
of earnings, we will assess the most recent
period of 12 months for which he/she has
provided evidence.


Which means that if you show 29th may 2011 to 31st may 2012, they will consider the last 12 months which means from 1st June 2011 to 31st May 2012, in which case they may deduct the last 3 days of May 2011 from the earnings period and not a whole months salary. But again this is subjected to the CW

Will wait for more members to comment. Anything from moderators/ seniors?