Earnings Calculation-Time Period. Confused!!!! Help needed

[mhamk2000]

Hi,

Currently I am on Tier (1)Gen 3+2 system and applying for extension in Feb,2013 but am really confused abt salary calculation.

No of hours mentioned on pay-slip are calculated from 20th of every previous month to the 20th of current month but salary is paid on last working day of every month. Like for Oct,2012 number of hours were from 20 Sep--20 Oct but salary paid on last working day of Oct,2012 and date mentioned on pay-slip is 20/10/2012.

If I take my earning period from 31Dec,2011-30Dec2012 then can I include the salary for the month of Dec,2011 transfered in bank on 31/12/2011 and of the month of Dec,2012 as well if I get it in bank within that date.
Crux is there are 12 months but it would be 13 salaries in this time period.
Some of my friends say it is acceptable and some says not.

Its really important to know for me so that I could know whether or not I can meet my earnings target by including 12 salaries or 13.

Please excuse if I haven't elaborated it in a way it is supposed to.

Kind regards

[thebionicredneck2003]

Hi,

If I take my earning period from 31Dec,2011-30Dec2012

You can use Dec 2011 to Nov 2012 or Jan 2012 to Dec 2012 and show 12 payments for any of the 12 months you choose to use.

Do not include any earnings for a 13th month, as this will be outside the period under consideration.



Kind Regards

[chuckvyl]

Hi,

If I take my earning period from 31Dec,2011-30Dec2012

You can use Dec 2011 to Nov 2012 or Jan 2012 to Dec 2012 and show 12 payments for any of the 12 months you choose to use.

Do not include any earnings for a 13th month, as this will be outside the period under consideration.



Kind Regards

No,you are very wrong.The rule is very clear about earnings.
I will quote the immigration rules for Tier 1 general for you.
Rule no 78: AN APPLICANT CAN CLAIM POINTS FOR THE EARNINGS HE/SHE HAS PREVIOUSLY MADE FOR HIS/HER WORK

Rule no 79: AN APPLICANT CAN CLAIM FOR PREVIOUS EARNINGS IN ANY SINGLE,CONSECUTIVE 12-MONTH PERIOD DURING THE 15 MONTHS IMMEDIATELY BEFORE THE DATE OF APPLYING.

Rule no 80: ALL THE PERIODS WE SPECIFY ARE CALDENDAR MONTHS(FOR EXAMPLE 14 JANUARY - 13 FEBRUARY)

Rule no 82: ADDITIONALLY,WE WILL NOT CONSIDER EVIDENCE OF EARNINGS FROM A PERIOD OUTSIDE THE 15 MONTHS IMMEDIATELY BEFORE THE APPLICATION.....


Now,there is nothing in those rules that says you cannot present more than 12 payments/salaries within a single consecutive 12 month calendar period.
What HO considers is evidence of payment as rule no 82 specifies.
As long as your evidence of earnings(payslips and bank statements) from 31 dec 2011 to 31 dec 2012 are within a single consecutive 12 month calendar period,you have not ERRED IN LAW.
WHEN YOU DID THE WORK YOU ARE CLAIMING IS IRRELEVANT.
There is nothing in the rules that say that the work you are claiming earnings for must have been done within a single consecutive period.
What HO considers is EVEIDENCE OF EARNINGS.If they refuse it,appeal it,you should be vindicated

[chuckvyl]

Hi,

If I take my earning period from 31Dec,2011-30Dec2012

You can use Dec 2011 to Nov 2012 or Jan 2012 to Dec 2012 and show 12 payments for any of the 12 months you choose to use.

Do not include any earnings for a 13th month, as this will be outside the period under consideration.



Kind Regards

Again,31 Dec 2011 to 31 dec 2012 are exactly 12 calendar months according to the rules.Any evdience of earnings that fall within those months is valid in law,even if they are 20 separate payments/payslips.

[thebionicredneck2003]

Chuckvyl,

Do not give the op wrong information or distort facts.

Again,31 Dec 2011 to 31 dec 2012 are exactly 12 calendar months according to the rules.Any evidence of earnings that fall within those months is valid in law,even if they are 20 separate payments/payslips

The op cannot claim points for earnings made from 31 Dec 2011 to 31 Dec 2012, as at 31 Dec 2012 it is in a 13th month. He can choose to claim from 31 Dec 2011 to 30 Dec 2012 only. Caseworkers are trained by default to look for 12 payslips for 12 months for people who earn a monthly salary so once you start including anything extra it automatically comes up as a red herring to them. In the op's case, the actual earning period is 20th Dec 2011 to 19th Dec 2012, which is 12 months and 12 payslips.

Chuckvyl, you also do not need to quote immigration law for me, as I am very well versed in it.

To buttress my point, there are some cases on this forum where people tried to use what you and the op are suggesting and were refused. Feel free to do a search to find the cases. My own two cents are that it is always better to thread on the side of caution and be safe, rather than try to use something that would cause issues.

The caseworker will not be looking line by line at immigration law when deciding your case, but will decide your case on what they have been trained to do and what they have been trained to accept.

It is up to the op to do what suits him/her best.

Kind Regards

[chuckvyl]

Chuckvyl,

Do not give the op wrong information or distort facts.

Again,31 Dec 2011 to 31 dec 2012 are exactly 12 calendar months according to the rules.Any evidence of earnings that fall within those months is valid in law,even if they are 20 separate payments/payslips

The op cannot claim points for earnings made from 31 Dec 2011 to 31 Dec 2012, as at 31 Dec 2012 it is in a 13th month. He can choose to claim from 31 Dec 2011 to 30 Dec 2012 only. Caseworkers are trained by default to look for 12 payslips for 12 months for people who earn a monthly salary so once you start including anything extra it automatically comes up as a red herring to them. In the op's case, the actual earning period is 20th Dec 2011 to 19th Dec 2012, which is 12 months and 12 payslips.

Chuckvyl, you also do not need to quote immigration law for me, as I am very well versed in it.

To buttress my point, there are some cases on this forum where people tried to use what you and the op are suggesting and were refused. Feel free to do a search to find the cases. My own two cents are that it is always better to thread on the side of caution and be safe, rather than try to use something that would cause issues.

The caseworker will not be looking line by line at immigration law when deciding your case, but will decide your case on what they have been trained to do and what they have been trained to accept.

It is up to the op to do what suits him/her best.

Kind Regards

Sorry i meant to say 31 December 2011 to 30 December 2012.So he can apply from 31 December onwards.I commented here bc you said he cannot even touch december 2012 which would leave him with 11 calendar months earnings only.Rule 78 clearly states "AN APPLICANT CAN CLAIM POINTS FOR THE EARNINGS HE/SHE HAS PREVIOUSLY MADE FOR HIS/HER WORK "
This rule clearly states your claim is on the earnings made from previous work.Why should i not quote the law what else should i quote?Even if the Home office deny it,how many applications have been denied by inept caseworkers and got turned over by the immigration tribunal?

[scorpion123]

Chuckvyl,

Do not give the op wrong information or distort facts.

Again,31 Dec 2011 to 31 dec 2012 are exactly 12 calendar months according to the rules.Any evidence of earnings that fall within those months is valid in law,even if they are 20 separate payments/payslips

The op cannot claim points for earnings made from 31 Dec 2011 to 31 Dec 2012, as at 31 Dec 2012 it is in a 13th month. He can choose to claim from 31 Dec 2011 to 30 Dec 2012 only. Caseworkers are trained by default to look for 12 payslips for 12 months for people who earn a monthly salary so once you start including anything extra it automatically comes up as a red herring to them. In the op's case, the actual earning period is 20th Dec 2011 to 19th Dec 2012, which is 12 months and 12 payslips.

Chuckvyl, you also do not need to quote immigration law for me, as I am very well versed in it.

To buttress my point, there are some cases on this forum where people tried to use what you and the op are suggesting and were refused. Feel free to do a search to find the cases. My own two cents are that it is always better to thread on the side of caution and be safe, rather than try to use something that would cause issues.

The caseworker will not be looking line by line at immigration law when deciding your case, but will decide your case on what they have been trained to do and what they have been trained to accept.

It is up to the op to do what suits him/her best.

Kind Regards

Sorry i meant to say 31 December 2011 to 30 December 2012.So he can apply from 31 December onwards.I commented here bc you said he cannot even touch december 2012 which would leave him with 11 calendar months earnings only.Rule 78 clearly states "AN APPLICANT CAN CLAIM POINTS FOR THE EARNINGS HE/SHE HAS PREVIOUSLY MADE FOR HIS/HER WORK "
This rule clearly states your claim is on the earnings made from previous work.Why should i not quote the law what else should i quote?Even if the Home office deny it,how many applications have been denied by inept caseworkers and got turned over by the immigration tribunal?

Salary received on 31st of Dec 2011 was the for period of 20/11/11 to 19/12/11 so 12 months out of 15 (allowed to claim points) starts from 20th of Nov 2011 NOT 31st of Dec 2011.

Hence why 12 Months earning period starts from 20th of Nov 2011 & will end on 19th of Nov 2012 so salary for the month of Dec 2012 cannot be included to claim any points since it's 13th month, out of allowed period.

[marynwokedi]

@mhamk2000

It is very straightforward and easy.

1) . UKBA are not really interested in date of your payslip, they are more into the date amount entered your statement so note that if you payslip states 20th Nov but payment was made on the 31st, then the earnings period should start on the 31st.

Example : a friend's payslip stated 25th but payment to bank was 31st. His earning period was from 27th MArch 2011 - 26th march 2012 and he included his payslip for 25th march which was paid on the 31st. UKBA did not count that earning as it does not reflect on bank statement for period claimed, so please be careful

2) if you intend to use your salary shown in your bank statement up to 31st DEC 2012, then it will be from 1st Jan 2012- 31st Dec 2012 and you will be unable to use payment for 31st Dec 2011.

3) if you intend to use salary which includes 31st Dec 2011, then you should show earnings in your bank statement from 31st Dec 2011 - 30th Dec 2012,and you will be unable to use 31st Dec 2012.

4) If you include more than 12 months salary, ukba will use your most recent 12 months

Please i will like to advise that in visa processing, the dates money reflected in your bank acct is more important than the date on your payslip or invoice ( if different from date money reflected into your acct) as this shows that you recieved the claimed money within the periods claimed

[marynwokedi]

I also forgot to add that if your payslip for Dec 2012 falls within the period you intend to use ( 12 month period only ) then it should be okay to use the payslip.

Remember, the policy says that you can use part time, short term, perm or self employed and it doesnt matter how many payslips you get, as long as it falls within the 12 month period you intend to use.

P.S for my first visa, i used 15 payslips . 12 from one employer full time and 3 from another, part time....but they all fell within the period i claimed for