change in pay/salary

[tauqeer]

Hi Guys,

I am on WP for nearly 5 year now and will be applying shortly for ILR. My last WP was approved 3 years back and I got my FLR (residence permit stamped) in march 2007 (though, I had entry clearance from previous WP valid until May 2007).

I earned almost 28.5% less for the first 2 years on my current employment than what was mentioned on my employment contract which I submitted to get last FLR. This was due to unforeseen circumstances which led to delay in the launch of the product for which I was responsible. However, since last year things have gone well and I am currently earning 5% more than the original salary mentioned on the employment contract submitted to get last FLR.

My current employer never appraised HO/UKBA about any of these changes/fluctuations into my salary. I wonder if this could be a serious matter effecting my ILR application. Do I need to cover this in my ILR application, if yes how? Will appreciate if anyone could shed some light on this.

Bests,

Tauqeer

[kububeach]

I'm not sure why they would care about your salary or the change of the salary. What they need to know is whether you're still needed by your company. So you need only to show letter from the company to confirm that.

Just keep it simple. Your case is pretty much straightforward. Just follow the guidance.

[tauqeer]

Hi Kububeach,

Thanks for your reply. An important point: the letter I was given by the HO at the time of last FLR approval has my salary clearly mentioned plus other information like job title and role etc.

However, as stated earlier the salary received by me was different in the first two years and now they (HO/UKBA) are asking for P60s (or payslips as substitutes) of last 5 yrs to confirm that I have been working for the said duration.
It will also help them to verify my tax contributions. They could raise this concern of not receiving agreed salary (thus not expect tax contributions) in those 2 years.

I just want to be sure if this could jeopardise my ILR application? or any remedy available to me to address this issue?

I'm not sure why they would care about your salary or the change of the salary. What they need to know is whether you're still needed by your company. So you need only to show letter from the company to confirm that.

[kububeach]

Ok, maybe I'm not an expert for WP holder application. However, do you have to show the HO letter?

As I said in the previous post, I'm not sure that they would have concern over the issue. Change in situation like pay, work terms are not unusual. What they concern is that you have legitimate job (you show this with your P60 forms) and you will continue to have the job after your application (company letter will do this job).

[manenoor]

Slightly different situation to me but I can share my experience.

Im on 5 yr on WP. However, in my case, Im earning 34% higher salary that mentioned on original WP.

I have discussed this matter with legal people and they assured me this should not be issue as this is not substantial salary increase.

Any substantial change in salary should be notified to HO as Technical Changes of Employment. If case worker approve it only then you can accept it.

Im not expert, Im just sharing my experience.

[Pierrot95]

I don't think anyone is expected to earn the same salary over 5 years. I also have regular increases of around 5% each year (it's kind of automatic, in line with inflation and progression in pay bands).
Officially a change of more than 10% in your salary is a change of employment and would have required a fresh new WP or tier 2 application. How the HO assess this and how they are flexible about it is another matter. Hope someone with actual experience of this case would comment here.

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