points for non-salary portion of package

[OneAnxiousTeacher]

Does anybody know if the non-salary portion of a package still counts for points for rcos?

I found a doc online from uk.gov called "Tier 2 of the points based system - policy guidance" that explains that 30% of the non-salary portion of a package "counts" for rcos points. Also, my employer believes that this is accurate. This is important to me because almost 20k of my package is comprised of accommodation allowance, and my employer said this counted toward points. Apparently an immigration lawyer told them this.

But I talked with a UK immigration expert I found online (not a lawyer, but she works for an immigration advice company) who said that the non-salary part of the package, such as accommodation allowance, does NOT count toward points. This made me panic.

The uk.gov pdf doc I indicated above says it applies to all rcos applicants starting in January 2018, but maybe they changed the rules.

Does anybody know for sure?

[CR001]

Page 27 in link below.

https://assets.publishing.service.gov.u ... 18__2_.pdf

See point 26.17 on page 111 in the link below.

https://assets.publishing.service.gov.u ... l_v1.0.pdf

[OneAnxiousTeacher]

Thanks, I read them and am still confused.

I called the pay-by-the-minute number I found on the "Contact Visas and Immigration..." page of the gov.uk site, and the person with whom I spoke didn't know, either. Then he referred me to the same docs, plus an additional pdf, and said he was "not sure and don't want to give you misleading information."

So if anybody else has a non-salary portion of their package and knows for sure, please let me know.

[Dauk]

Per the documentation your salary is "the gross salary figure which must represent the total amount paid to the worker, gross of any tax paid whether paid in the UK or overseas, and must
include any permitted allowances and guaranteed bonuses"

The key word is "guaranteed" is the 20k guaranteed or is it an expense account you get paid back?

The Earnings section of https://www.gov.uk/guidance/immigration ... attributes is pretty explicit and lays it out much clearer then the PDFs.

Intercompany Transfer has more complexity to it and can be part of the confusion. Ecspecially in reguards to housing allocations since Intercompany transfers have some special rules around housing allocations.

Also keep in mind the "Points" for the RCOS are different then the "Points" for a General Visa and only the Salary applies to the RCOS while Salary and Guarenteed bonuses count toward the General Visa Threshholds.

[Dauk]

Just reread the initial question and realized your asking about RCOS not General Visa Application. The PDF's you linked as well as the url I sent are about the Visa Application Process not the RCOS process.

The number used in the RCOS is going to need to correlate to the salary the company advertised when they posted the job for 28 days. However it is also a bit subjective as many companies are using "Competitive" or "Dependent on Experience". In the end its really just whatever magic number your employer decides to type in when they apply for the RCOS. If the number is fraudulent they are basically putting their right to apply for COS on the line thus its really up to the companies legal department how much risk they are willing to accept.

When they assign that RCOS to an applicant they have to provide specifics about the Salary they are paying you and how it breaks down. When they do that it is Gross salary and GUARANTEED allotments. This will need to be close to the salary on the RCOS but doesn't have to exactly match again its all subjective. If in the end it raises a flag with the home office they will investigate and can either pull or downgrade the company if they think they are intentionally attempting to play the system.

[OneAnxiousTeacher]

Thanks.

It looks like I'm going to be unemployed for the next year