Tier 1 General extension - difficulties re-entering country?

[katwmn6]

Hi everyone,

I would appreciate your help with the below. My existing Tier 1 (General) expires on 23 March and I have a PEO appointment at Croydon to apply for an extension on 20 March.

Questions:

• 1. I have to travel outside of the UK for work on 10 March; I will return to the UK on 19 March (the day before my PEO appointment). Will I have any difficulties re-entering the country given my visa expires 4 days later? I plan to bring a print-out of my PEO appointment confirmation just in case.
  
  2. I received a bonus in Dec 2011 that brought me over the minimum earnings threshold to renew my visa. My company made two separate payments in my bank account (one payment for normal monthly salary and one payment for bonus) but only provided one Dec payslip combining both payments. The payslip shows the breakdown of monthly salary vs bonus, but I am concerned this may cause problems as the total shown on the Dec payslip doesn't technically match a deposit in my bank (rather, the payslip is the exact sum of 2 deposits). If I have this explained in a letter from my employer will this be sufficient?
  
  3. For question B10 on the application form ("Martial status"), it gives the following options: Married or civil partner; Widowed or surviving civil partner; Divorced or dissolved civil partnership; Single; Unmarried partner; Separated or separation order. What do I select as I am divorced (marriage having been the basis for a previous visa) and currently an unmarried partner (potentially the basis for a visa in 2 years' time)? I know this seems like a minor point but I would like to be sure my application is completed correctly and don't want to cause any problems with future applications.

Many thanks for your help!

[ban.s]

1 - should be fine. no issue. yes, you can carry copy of you PEO appointment if you wish.

2 - again, no issue. you don't need to attach any explanation. As you are applying in person, you can explain to the case worker if needed however I think the situation is very simple and nothing uncommon.

3 - I would select divorced status.

[Vega]

1. Could be a problem in my opinion. There is a risk. Low, but definitely there. Let us know what happens!

[ban.s]

it would have been a potential concern for student visas but for Tier 1 G this should be fine.
Extension request can be submitted the day prior to the expiry of the current visa.

[katwmn6]

Thanks for the responses - does anyone else have any guidance on my queries? Would like to put my mind at ease about re-entering the country.

Regarding the salary -

2 - again, no issue. you don't need to attach any explanation. As you are applying in person, you can explain to the case worker if needed however I think the situation is very simple and nothing uncommon..

Based on experiences mentioned in this board, it is the CW's discretion whether or not to ask you for clarification. I have also read of instances on this board where applications were rejected because the NET amount shown on the payslip was pennies off the amount shown in the bank statement.

Any experts have any suggestions?

[goldfish]

Does the amount on the payslip (when you add both salary + bonus) exactly equal the amount on your bank statement? If so, I wouldn't expect a problem. A letter from your employer would be helpful as a backup in case you have a fussy caseworker!

The reason differences of few pennies can cause a problem is because any mismatch means that the two forms of evidence don't corroborate each other. There really isn't any reason they should be different (except for something like a wire transfer fee) so doubt is cast on the validity of both forms of evidence and the caseworker can't decide which one, if any, is valid and reliable.

[katwmn6]

Does the amount on the payslip (when you add both salary + bonus) exactly equal the amount on your bank statement? If so, I wouldn't expect a problem. A letter from your employer would be helpful as a backup in case you have a fussy caseworker!

The reason differences of few pennies can cause a problem is because any mismatch means that the two forms of evidence don't corroborate each other. There really isn't any reason they should be different (except for something like a wire transfer fee) so doubt is cast on the validity of both forms of evidence and the caseworker can't decide which one, if any, is valid and reliable.

Great, thanks for clarifying goldfish. Yes, the amounts match exactly. I will have my employer issue a letter with the below text:

Please note the 31 December 2011 payslip includes katwmn6's monthly salary (£---- gross, £---- net) as well as her conditional bonus (£---- gross, £---- net), for a total of £---- gross and £---- net. Please note that these payments appear as separate items on katwmn6's bank statement:

“EXMPLOYER NAME, DEC SALARY” = £----
“EMPLOYER NAME, CONDITIONAL BONUS” = £----
31 DECEMBER 2011 PAYSLIP NET TOTAL = £[SUM]

Do you have any thoughts on my first question about re-entry?

Many thanks!

[goldfish]

Do they have to say "conditional" bonus in the letter? For a non-knowledgeable caseworker maybe that sounds as though it isn't definite. Then again, I've never had a bonus so not sure whether this is standard terminology.

I think it is a good idea to have your PEO appointment letter with you when you go through immigration. Legally your visa is still valid so there shouldn't be any issues, but if the immigration officer is having a bad day it would be good to have evidence of your plans regarding your visa extension. Maybe others have re-entered close to visa expiry? I haven't done it myself so can't give definite advice.

[katwmn6]

Do they have to say "conditional" bonus in the letter? For a non-knowledgeable caseworker maybe that sounds as though it isn't definite. Then again, I've never had a bonus so not sure whether this is standard terminology.

Thanks goldfish. Yeah, they put "conditional bonus" in the payment reference (this concerned me as well) so I have added this phrase at the top of the letter:

Katwmn6 holds the position of XYZ and earns a gross annual salary of £----- and an annual conditional (i.e. performance-related) bonus in December.

Or maybe better still:

Katwmn6 holds the position of XYZ and earns a gross annual salary of £----- and an annual conditional bonus in December. (Please note that the use of the term “conditional” means that the bonus was contingent on katwmn6's performance in the preceding year; once the bonus has been paid it is katwmn6's to keep.)

Hopefully that will cover it off...?

[katwmn6]

For future reference, I was able to re-enter the country today without a problem, no questions asked beyond the ordinary ones (how long are you planning to stay; what do you do for a living). I was processed by a trainee border agent who had someone assisting him - the trainee clearly did not know what he was doing, so not sure if that played a part.

[Vega]

Thanks for the feedback!

[rakeysh.patel]

I understand the concerns migrants have when returning to the uk when they're visa is about to finish/end. Bear in mind, that you have a valid Visa to enter to the UK, it may fall to a discretion of the border staff whether to grant you an entry or not, however, they can not bluntly refuse you an entry as they will be in breach of the immigration laws themselves. And last thing government wants these days, would be waste of tax payer's money.

So as long as you have nothing against your good name (such as crime, theft, Anti social behaviour case etc), you will be fine at the border. I have personally entered the UK with less than few weeks left on my visa, that too after spending 50 weeks in my home country. Yes, they did do few checks but at the end they had to let me in, simply because "I HAD VALID VISA"