Urgent: Important document to send - please suggest

[easyguy]

Hi all,

I have applied for Tier 1 general extension on 15th April and received an acknowledgement letter yesterday 1st May.

While going through the forum yesterday I came across the 'two evidences from different sources' issue as per policy guidance. Regarding proof of my extra income/benefits I sent employer letter and P11D form. It seems that people have had issues when they have sent a combination of a tax document like P60 with only employer letter or payslips, as UKBA consider this to be from the same source.

I want to now send my tax documents from HMRC but the problem is its been over 2 weeks now, I might get the biometrics letter within next few days so will this be too late? Also can I delay biometrics enrollment for a few weeks until I send this document?

I would really appreciate if someone can reply or suggest a good approach on this please?

Many thanks

[bubin123]

what about bank statement to show the transactions related to your extra income? Did you sent it along with your application?

[easyguy]

Hi bubin123

Thanks for your reply.

I have included the bank statements but they will not have these. Benefits are only reported through P11D end of the year and not paid through salary so wont show up on pay slips either, even though it is part of salary and i pay tax on the whole amount. HMRC have confirmed that my gross taxable earnings = PAYE income + any benefits reported on P11D.

So I included P11D and a letter from employer. However I'm concerned that UKBA might not consider these 2 together as they are from the same source i.e. employer.

[bubin123]

So, how do you get paid for this "benefit in kind" amount which is reported in your P11D?

[bubin123]

"Allowances
We will only include allowances (such as those for accommodation or schooling for your children) in the assessment of your previous earnings if they are part of your remuneration package and are not paid to reimburse you for money you have previously spent.

We will only accept allowances as earnings if they are declared in your payslips and your employment contract says that your employer must pay these allowances."

Refer: http://www.ukba.homeoffice.gov.uk/visas ... /earnings/

[easyguy]

The rule you have mentioned applies to allowances where they want to be sure that its not reimbursements. Benefits in kind are not allowances i.e. 'they are not in form of money or of direct cash value' which is why they will not be mentioned on payslips and not transferred to bank account. Instead they have cash equivalent provided by HMRC that is considered to be of direct monetary value. Which means HMRC have provided a figure to me and my employer saying the benefits i have are worth £xxxx and I have paid tax on this through my tax code.

I know this is confusing enough as to how its classed as earnings however before applying I have clarified with my employer, accountants and also HMRC. All said one thing that my Total Earnings = PAYE salary + cash equivalent of benefits. My payslips and bank statements confirm my PAYE salary, and for benefits I have put employer letter and P11d.

I'm only worried about not having sent a letter from HMRC directly, but HMRC yesterday again said that I can use p11d or tax code documents. My mistake was I didnt put tax code documents, but now I want to send them as additional evidence from HMRC confirming benefits. And I'm worried if they want a confirmation from HMRC which I have not sent and also if i send now will it be too late?

Regarding BIK earnings HMRC clearly has defined rules -
http://www.hmrc.gov.uk/manuals/eimanual/EIM00530.htm

[mulderpf]

26. Earnings do not include unearned sources of income, such as:
...
(b) any other allowances, unless part of the applicant's remuneration package and specified in the applicant's payslips
...

We will only accept allowances as earnings if they are declared in your payslips and your employment contract says that your employer must pay these allowances.

[easyguy]

mulderpf, thanks for your reply.

I'm not debating on whether benefits in kind / p11d is part of earnings or not, and if UKBA accepts this or not.

I have already sent my application and received an acknowledgment letter. So I cannot do anything now, except send the evidence that I should have sent in first place.

I want to know if I can send additional documents or is it too late? I applied on 15th may, its been 15 working days since and havent received biometrics letter yet. Specifically can I delay biometrics for more than 1-2 weeks? Also does the case worker look into the case before biometrics is done or after?

The only reason I didn't post anything today is that I thought members here might give me suggestions based on previous experiences or if there is a good approach to this without any further mistakes from my side?

[bubin123]

UKBA will start looking on your application once you submit your Biometric details successfully... so I think you still have some time to send additional documents...

[easyguy]

Thanks bubin123. Really appreciate your replies.

If cases are considered only after biometrics then it should work in my favour. I will post the docs on Tuesday via special delivery. Do UKBA confirm that they have received the documents with change of circumstances or is it something we can't say?

I know the stakes are high in my case, quite certainly I'm trying my luck (trusting my employer, accountants and HMRC on this) and going against what UKBA have put in the guidance policy. Nevertheless this will help others if my application is successful or not.

[easyguy]

Thanks everyone for your advice and suggestions.

My application has been approved, and all my taxable benefits (P11D) were considered/points awarded even though they are not mentioned on my payslips.

My employer, accountants and HMRC were all correct i.e. Total Earnings = PAYE salary + any taxable benefits (no matter declared on payslips or not)

[karg_g]

Easyguy,

Congrats!! Although I must admit by blindly going through the books I thought you had a very low chance, although again as per HMRC and other docs those are valid earnings. What would have clinched in your favor is the Tax Doc & Employer letter.

Happy for you and also cheers to UKBA for making the right decision.

[easyguy]

Thanks Karg_g. Like I mentioned before, the accountants and HMRC were very clear on this i.e. earnings include anything you pay tax on in my case company car and fuel. I believe all taxable benefits i.e. car, accomodation, health insurance etc given by your employer on which you pay tax are counted as earnings, however this depends on the supporting documents that we provide. Some benefits appear on payslips and some go on P11D.

Supporting documents I sent for previous earnings -
- Payslips & bank statements
- Employer letter - confirming total earnings = PAYE income + cash equivalent of taxable benefits (Car & Fuel)
- P11D form provided by employer

Additional documents I sent after 2 weeks of sending the application - HMRC tax coding notice (clearly mentions additional tax I have to pay for having a company car and fuel). However I think these were not considered or may be didn't reach the case worker, as these weren't there when I got my documents back.

I hope all this helps someone in a similar situation. Do your own homework, look for answers here on the forum but also check with your employer accountants and give HMRC a call.