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Tier 1 extension - previous earning query

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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jhelum16
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Tier 1 extension - previous earning query

Post by jhelum16 » Tue Sep 18, 2012 6:51 am

Hi,
I have got an appointment on 17th Oct in Croydon. I intend to show salary from Nov 2011 - Oct 2012. Our salary gets credited by 15th of each month, and I am planning to get a supporting letter from HSBC on the 16th to cover my electronic statements , and attend on 17th.
Is this fine, or will it be a problem as the month (Oct) would not be over at the time of appointment?

abhishek-m
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Post by abhishek-m » Tue Sep 18, 2012 1:31 pm

The salary credit that is suppose to happen on 15th October, is that salary for month of September or for month of October?
If it is September then no issues at all. If it is for October, it might be better to show earning period as Oct 2011 to Sep 2012 to avoid any confusions.

[Earnings must be made up of 12 consecutive months and must fall within the 15 months before your application unless you were away from workplace for maternity or adoption-related absence.]

rakeysh.patel
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Re: Tier 1 extension - previous earning query

Post by rakeysh.patel » Wed Sep 19, 2012 10:30 am

jhelum16 wrote:Hi,
I have got an appointment on 17th Oct in Croydon. I intend to show salary from Nov 2011 - Oct 2012. Our salary gets credited by 15th of each month, and I am planning to get a supporting letter from HSBC on the 16th to cover my electronic statements , and attend on 17th.
Is this fine, or will it be a problem as the month (Oct) would not be over at the time of appointment?
There use to be long discussion around this in March when I extended my visa at PEO. I was in exact similar position as you are, and my advise then, and even at this point is you "SHOULD" not include your full Oct salary if you are appearing on 17th Oct because the salary from 17-31 Oct is yet to be earned. Lets say, god forbid, you had to leave or decided to quit etc ?? It will be a judgmental call !!
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

shahmir
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Post by shahmir » Thu Sep 20, 2012 3:36 am

You do not need to wait until the end of October. Remember your Period of Employment is October 2011 to September 2012. So you are getting your 12th monthly salary on 15th October 2012.
lets get together for migrants' rights

chuckvyl
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Post by chuckvyl » Thu Oct 11, 2012 12:52 pm

shahmir wrote:You do not need to wait until the end of October. Remember your Period of Employment is October 2011 to September 2012. So you are getting your 12th monthly salary on 15th October 2012.
I have a similar case.I applied by post on the 27th of July 2012.
I claimed earnings from 28th April 2011 to 28th October 2011 only.
I get paid on the 28th of every month.
Do you consider my earnings of 28th April 2011 to be outside the 15 months before the date of application rule because the period of earning was for the entire month of April 2011?

I believe you guys are confusing earnings with period of work.
As long as the money gets paid into your account within the timeframe you are claiming,you should be fine.
If you work for any period and you have not been paid yet,you have not EARNED anything.You earn it the day you get PAID.
But i am welcome to any different opinion

scorpion123
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Post by scorpion123 » Thu Oct 11, 2012 3:42 pm

shahmir wrote:You do not need to wait until the end of October. Remember your Period of Employment is October 2011 to September 2012. So you are getting your 12th monthly salary on 15th October 2012.
Earnings should only be considered as salary earned when one has practically worked for a specific period of time (Salary due)and not on basis of what he/she would earn (i.e Roster,work due) at any future date.

chuckvyl
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Post by chuckvyl » Thu Oct 11, 2012 4:00 pm

scorpion123 wrote:
shahmir wrote:You do not need to wait until the end of October. Remember your Period of Employment is October 2011 to September 2012. So you are getting your 12th monthly salary on 15th October 2012.
Earnings should only be considered as salary earned when one has practically worked for a specific period of time (Salary due)and not on basis of what he/she would earn (i.e Roster,work due) at any future date.
Hi scorpion,
What is your take on my own case please?

scorpion123
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Post by scorpion123 » Thu Oct 11, 2012 4:23 pm

chuckvyl wrote:
shahmir wrote: I get paid on the 28th of every month.
To my understanding if you get paid for the same month(i.e on April 28th for the month of April) then you're partially being paid inclusive of future earnings(2 to 3 days advance ) since you still have not practically worked/earned that money.

So, if you were paid on 28th of April for that very month(01-04-11 to 30-04-11) then your earning period starts from 1st of April 2011 and ends on 30th of June 2012(15 Months).

chuckvyl
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Post by chuckvyl » Thu Oct 11, 2012 4:40 pm

scorpion123 wrote:
chuckvyl wrote:
shahmir wrote: I get paid on the 28th of every month.
To my understanding if you get paid for the same month(i.e on April 28th for the month of April) then you're partially being paid inclusive of future earnings(2 to 3 days advance ) since you still have not practically worked/earned that money.

So, if you were paid on 28th of April for that very month(01-04-11 to 30-04-11) then your earning period starts from 1st of April 2011 and ends on 30th of June 2012(15 Months).
So seeing that i applied on 27th of July 2012,using your calculation from 1 April 2011 to 30 June 2012 for the 15 months.
Since the rule says previous earnings within the 15 months immediately before the date of applying,would applying later than 1 July 2012(in my case 27th July) be a problem by your reckoning please?

scorpion123
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Post by scorpion123 » Thu Oct 11, 2012 4:47 pm

chuckvyl wrote: Since the rule says previous earnings within the 15 months immediately before the date of applying,would applying later than 1 July 2012(in my case 27th July) be a problem by your reckoning please?
Well, in my opinion your earnings are almost a month out of 15 months threshold I am afraid.

chuckvyl
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Post by chuckvyl » Thu Oct 11, 2012 5:06 pm

scorpion123 wrote:
chuckvyl wrote: Since the rule says previous earnings within the 15 months immediately before the date of applying,would applying later than 1 July 2012(in my case 27th July) be a problem by your reckoning please?
Well, in my opinion your earnings are almost a month out of 15 months threshold I am afraid.
Well,let me wait for their decision anyway.I never really worked it out that way,i interpreted earnings to mean when you got paid and since i got paid on 28 April 2011 i believed that money should count within the 15 months.
A few days ago i called the Home office enquries number and the lady i spoke with said,that you earn money when you get paid.Confusing though.I'll just wait.

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