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ILR annual gross salary with Guaranteed bonus

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Arj2018
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ILR annual gross salary with Guaranteed bonus

Post by Arj2018 » Thu Apr 12, 2018 12:47 pm

Dear Members,

I have seen some other posts regarding the same query. But would like to get some inputs from other members as well.
I got a letter from my employer saying that my annual salary is £36500 per year and this includes the guaranteed annual performance bonus of £1500.

Also seen this Visa guidance policy.

(d) The pay in (c)(ii)(2) or (3) above must:
(i) be basic pay (excluding overtime);
(ii) only include allowances where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
(vi) be at least:
(1) £35,000 if the date of application is on or after 6 April 2016,
(2) £35,500 if the date of application is on or after 6 April 2018,

So, I assume home office/caseworker would accept my salary. Or Do I need to ask my employer to change any wording in the letter?
Please suggest.
Thank you.

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cyclina1
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Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: ILR annual gross salary with Guaranteed bonus

Post by cyclina1 » Thu Apr 12, 2018 1:15 pm

Just in case if you under performed, will you get the bonus? it seems different from housing benefit etc...... guarantee means you must have it, without any condition.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

Arj2018
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Posts: 15
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Re: ILR annual gross salary with Guaranteed bonus

Post by Arj2018 » Thu Apr 12, 2018 1:25 pm

cyclina1 wrote:
Thu Apr 12, 2018 1:15 pm
Just in case if you under performed, will you get the bonus? it seems different from housing benefit etc...... guarantee means you must have it, without any condition.
my interpretation is if they mention guaranteed bonus you get the bonus amount even you underperformed.

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cyclina1
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Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: ILR annual gross salary with Guaranteed bonus

Post by cyclina1 » Thu Apr 12, 2018 1:32 pm

then better in your employer letter, clearly mention and explain what you said, as like me I interpreted it in different way - you gurantee to earn your bonus of 1500 if you performed.

this is NOT up to how you interpret, but your contract, employer, and caseworker how to interpret.

It your case, your contract and clear employer letter will be essential to avoid being interpreted in different way.


Arj2018 wrote:
Thu Apr 12, 2018 1:25 pm
cyclina1 wrote:
Thu Apr 12, 2018 1:15 pm
Just in case if you under performed, will you get the bonus? it seems different from housing benefit etc...... guarantee means you must have it, without any condition.
my interpretation is if they mention guaranteed bonus you get the bonus amount even you underperformed.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

Arj2018
Newly Registered
Posts: 15
Joined: Wed Feb 21, 2018 3:55 pm
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Re: ILR annual gross salary with Guaranteed bonus

Post by Arj2018 » Thu Apr 12, 2018 1:51 pm

Yeah, you are correct.
But I got paid the guaranteed bouns as part of my salary.i.e mentioned in my SoC (guaranteed salary) and in my contract as well.
Also, p60 is showing the total income for 2017-2018 is £36500.
So the same is mentioned in the letter provided by the employer.

By considering above statement, does the guaranteed bonus satisfies the below clause?
(ii) only include allowances where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances

Please advice.

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cyclina1
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Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: ILR annual gross salary with Guaranteed bonus

Post by cyclina1 » Thu Apr 12, 2018 2:21 pm

yes. Would be safe if it is also mentioned in your SOC, and already over 35500 threshold, and as it also match your p60. So should be no doubt in this case.

Arj2018 wrote:
Thu Apr 12, 2018 1:51 pm
Yeah, you are correct.
But I got paid the guaranteed bouns as part of my salary.i.e mentioned in my SoC (guaranteed salary) and in my contract as well.
Also, p60 is showing the total income for 2017-2018 is £36500.
So the same is mentioned in the letter provided by the employer.

By considering above statement, does the guaranteed bonus satisfies the below clause?
(ii) only include allowances where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances

Please advice.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

Arj2018
Newly Registered
Posts: 15
Joined: Wed Feb 21, 2018 3:55 pm
Mood:
India

Re: ILR annual gross salary with Guaranteed bonus

Post by Arj2018 » Thu Apr 12, 2018 2:35 pm

Thank you cyclina1.
Sorry, there is a small correction in my earlier post.I mentioned SoC instead of "in my CoS".

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