# employment contract requirement



## pt1988 (Oct 28, 2012)

Hey guys please shed some light on this,

I believe I require salary of 18600 which is also accountable with overtime etc
*i.e 6 x 1550 latest payslips will meet the requirements,*

My question is based similar to the info mentioned above,

I have a* contract letter of employment (original copy) *when I first accepted my employment, on it it states I am paid a salary every month at 7.60 an hour 40 hours a week any 5 days out of 7 but what it dont mention is is the actual yearly salary.

Will ECO calculate the salary from the information on the employment contract i.e 40 X 7.59 = 303.60 x 52 weeks = 15.787.20 salary yearly 

I earn well above 2000 GBP MONTHLY WITH OVERTIME

I have been told by my employer that my contract letter cannot be altered! what do I do if UKBA requests it in writing?


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## 2farapart (Aug 18, 2011)

I would imagine that the main purpose of including the employer contract is just something in writing that proves the job is yours and is not just a short-term contract (and is possibly used to check that there is such an employer too). However, for your earnings, your pay slips, P60 if you have one and your bank statements will jointly provide the information needed to meet the financial requirement (not the contract). Overtime and other bonuses can be used when calculating the requirement, but these are not likely to be referred to in the contract either, so the main source for this info will be taken from your payslips and corresponding bank statements - which will clearly show you've earned £2000 each month..


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## pt1988 (Oct 28, 2012)

2farapart said:


> I would imagine that the main purpose of including the employer contract is just something in writing that proves the job is yours and is not just a short-term contract (and is possibly used to check that there is such an employer too). However, for your earnings, your pay slips, P60 if you have one and your bank statements will jointly provide the information needed to meet the financial requirement (not the contract). Overtime and other bonuses can be used when calculating the requirement, but these are not likely to be referred to in the contract either, so the main source for this info will be taken from your payslips and corresponding bank statements - which will clearly show you've earned £2000 each month..


That is also my understanding but if my contract of employment doesn't mention the yearly salary clearly will the ECO disqualify my application? 

No doubt I can provide P60 and payslips showing a healthy income.


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## benthomas010 (Jun 5, 2012)

You also NEED a letter from your employer confirming your position, date you started working there, salary and how long you have been earning your current salary. 

This in effect -'backs up and updates your contract with up to date info. I had the same problem, my contract is some 7 years old and my salary has tripled in that time.


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## pt1988 (Oct 28, 2012)

benthomas010 said:


> You also NEED a letter from your employer confirming your position, date you started working there, salary and how long you have been earning your current salary.
> 
> This in effect -'backs up and updates your contract with up to date info. I had the same problem, my contract is some 7 years old and my salary has tripled in that time.


So your point is that they will not accept my 3 year old contract and wont be bothered calculating income from my payslips and P60s?

Have you been in a position where they refused you becuase of the reasons above?


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## benthomas010 (Jun 5, 2012)

pt1988 said:


> So your point is that they will not accept my 3 year old contract and wont be bothered calculating income from my payslips and P60s?
> 
> Have you been in a position where they refused you becuase of the reasons above?


No I haven't - but it's one thing they request. Ie it's not a suggestion, its something you must include. Some things with UKBA have no rhyme nor reason you just have to bite your tongue and do as they ask. 

Contract - no matter how old. 
Letter from employer stating current salary, position etc. 
6 months, or 1 years payslips depending on route a or b. 
your latest P60. 
Bank statements to back up the payslips. 

All needed. Employment and income is the biggy on the visa application. Just get it done - if you don't, and they do reject your application on those grounds yiu are jus delaying things and adding more cost and complexity.

Good luck. And please try to be a bit less confrontational.


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## pt1988 (Oct 28, 2012)

benthomas010 said:


> No I haven't - but it's one thing they request. Ie it's not a suggestion, its something you must include. Some things with UKBA have no rhyme nor reason you just have to bite your tongue and do as they ask.
> 
> Contract - no matter how old.
> Letter from employer stating current salary, position etc.
> ...


I really do appreciate your help & forgive me if you thought I was being confrontational.


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## benthomas010 (Jun 5, 2012)

No problem mate. Good luck.


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## pt1988 (Oct 28, 2012)

In respect of salaried employment in the UK, all of the following evidence must be provided:
(b) The P60 for the relevant period or periods (if issued).
(c) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.
(d) A letter from the employer confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
*(iii) the period over which they have been or were paid the level of salary relied upon in the application; and*
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment.
(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

Hey guys my question is related to the highlighted requirement above in bold, If im relying under category A and I provide my last 6 months payslips all above £1550 atleast before tax, How would I tell my employer to write this on paper for me, Im sure they wont have any problem writing it for me.. I am just confused about what my employer has to write down for me other than my gross annual salary which is below 18.6K so it has to be category A & 6 payslips

please give me a quick reply guys thanks


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## Joppa (Sep 7, 2009)

pt1988 said:


> In respect of salaried employment in the UK, all of the following evidence must be provided:
> (b) The P60 for the relevant period or periods (if issued).
> (c) Wage slips covering:
> (i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
> ...


How come you have been earning at least £1550 every month yet your yearly salary is below £18,600? If your salary includes commissions and bonuses, your employer just has to state that fact, and based on your pay slips, UKBA will calculate your annual income and be satisfied that you meet the financial requirement.


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## pt1988 (Oct 28, 2012)

Joppa said:


> How come you have been earning at least £1550 every month yet your yearly salary is below £18,600? If your salary includes commissions and bonuses, your employer just has to state that fact, and based on your pay slips, UKBA will calculate your annual income and be satisfied that you meet the financial requirement.


I do not get any commision or bonuses, I rely entirely on overtime and allowances such as driving, attendance allowance, Working sundays and some times bank holidays to cover the shortfall.

What I dont understand is the answer to the previously posted requirement question becuase my employer has no clue nor me thanks.


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## Joppa (Sep 7, 2009)

pt1988 said:


> I do not get any commision or bonuses, I rely entirely on overtime and allowances such as driving, attendance allowance, Working sundays and some times bank holidays to cover the shortfall.
> 
> What I dont understand is the answer to the previously posted requirement question becuase my employer has no clue nor me thanks.


Just ask them to state you get an annual basic salary of so-and-so plus overtime. Then from your pay slips, it will be obvious you meet the requirement.


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## pt1988 (Oct 28, 2012)

In respect of salaried employment in the UK, all of the following evidence must be provided:
(b) The P60 for the relevant period or periods (if issued).
(c) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.
(d) A letter from the employer confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
*(iii) the period over which they have been or were paid the level of salary relied upon in the application; and*
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment.
(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

Thanks Joppa but once again how will this question be answered on letter I will get from my employer? overtime is available but not guaranteed but they will write for me regular overtime available...


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## Joppa (Sep 7, 2009)

Just ask them to put down the period on which you are relying to show you meet the financial requirement, e.g. if it's the last 6 months, then 1st May to 31st October 2012.


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## pt1988 (Oct 28, 2012)

Joppa said:


> Just ask them to put down the period on which you are relying to show you meet the financial requirement, e.g. if it's the last 6 months, then 1st May to 31st October 2012.


So basicly the 6 payslips I provide to them, my employer has to confirm on the letter the pay for each month, Do you think will it be gross pay for each month or net that needs to be on there? 

sorry for so many questions, I just want everything perfect from the beginning


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## Joppa (Sep 7, 2009)

Gross. They don't have to confirm the pay for each month, but the basis on which you are paid, e.g. basic pay, overtime etc.


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## pt1988 (Oct 28, 2012)

Joppa said:


> Gross. They don't have to confirm the pay for each month, but the basis on which you are paid, e.g. basic pay, overtime etc.


Just ask them to put down the period on which you are relying to show you meet the financial requirement, e.g. if it's the last 6 months, then 1st May to 31st October 2012.

Above you have mentioned 2 different things which is a lot of confusion for me to be honest, secondly when you say they don't have to confirm each months pay then what exactly needs to be on the letter other than the gross annual salary? basic pay, overtime etc is all listed on the payslips and it would be a lot of confusion for my employer to put in writing all the overtime on the side for each month.


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## sheldon1 (Nov 25, 2012)

I am in a similar position to pt1988. I work for a security company and have done for over 16 months now. They issued me with a contract that i think they call a 0 hours contract. It does not state my salary. However with overtime i earn over £1800 gross each month and have all the required pay slips etc. My dilemma is. This contract is permenant. But is not Salaried,Fix Term, or Agency. So which box do i tick? I have tried to find an answer to this question but cannot. I think 35 percent of the UK workforce are on these contracts now. Very confusing. Could someone help please?


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## Joppa (Sep 7, 2009)

sheldon1 said:


> I am in a similar position to pt1988. I work for a security company and have done for over 16 months now. They issued me with a contract that i think they call a 0 hours contract. It does not state my salary. However with overtime i earn over £1800 gross each month and have all the required pay slips etc. My dilemma is. This contract is permenant. But is not Salaried,Fix Term, or Agency. So which box do i tick? I have tried to find an answer to this question but cannot. I think 35 percent of the UK workforce are on these contracts now. Very confusing. Could someone help please?


Just tick salaried. Your employer has to submit a letter of employment describing the type of job you have.


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## sheldon1 (Nov 25, 2012)

You are on a o hours contract i think. Just like me. Your employer will only confirm your hourlly rate,hours worked a day,and hours worked a week Right?.You are permanent and not on probation.. They will not confirm your salary cos you dont have one. But just show your pay slips for six months pryor to your application. And explain clearly in your supportning letter what contract you are on. Like me you have proved over the last six months you have been earning over the required amount of £1550 gross to meet the required threshold. They will then take your lowest monthly gross. Mine is £1874.00 to work out your overall gross for the year. The problem i have is what box do i tick? Salaried cos its not! Fix Term, its not! Agency is not. The appendix 2 form does not make it clear? Hope we can find an answer..


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## pt1988 (Oct 28, 2012)

please see the sample letter from my employer can anyone suggest if anything needs changing under the new rules, I have deleted personal info thanks

I do understand new rules in effect from 13th december or something about cat b for same employer for 6+ months



04th December 2012


To Whom It May Concern:


I am writing to confirm that Mr. S has worked for A in woodford since the 9th November 2009 and is currently still employed working as a Officer contracted to work 40 hours a week.

He has requested a written letter to yourselves confirming that he is in full time employment, I can confirm that his basic gross annual salary is £14580.75 and on top of that he also gets the following allowances,

•	£0.80p per hour attendance allowance
•	£5.00 per day driving allowance
•	£25.00 Sunday allowance
•	Regular Guaranteed overtime available on a daily basis

Please see S... relevant payslips he has submmited for the period you require and if you wish to confirm any amounts for any period please feel free to do so then contact our payroll department on,

...

S has a great oppurtunity with A I can confirm he is employed in a parmanent position and he has performed well and continues to grow in this role as a officer

If you require any further information please contact me on the above address or you can email me at 
Phone number:


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## sheldon1 (Nov 25, 2012)

That's very similar to my letter. I have just received my last payslip now. So i have now six months payslips. All my slips have a gross of well over £1550 each month, and my overtime is constant every month. I think that's what they are really after. I am also bringing over my two children, but they will not be sponsored.

As i see it you stand a very good chance of getting your visa. They are looking at your monthly gross pay reaching £1550 or more for six months. The chain of bank statements must not be broken in this period. They will then take the lowest eg £1535 x 12 = £18420 as your your yearly salary. Consequently you fail. £1550 = £18600 Pass.

Also in my letter my employer has made it clear that any further information required do not hesitate to call the HR Dept. I think that's important also because i have given the opportunity for the ECO to gain further information and i am not hiding anything. However i have noticed in cases i have recently been reading. The ECO contacts the spouse and gives them ten days to send further information to them. Or they will refuse the visa.

The ECO know that ten days is not long enough coming from UK. So if it went to appeal i am sure it would go in our favour. 35 percent of the British workforce are now on similar contracts to ours. And it's possible ours might be the test case. I am applying in the next two weeks so i will keep you posted. Good luck my friend....


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## pt1988 (Oct 28, 2012)

sheldon1 said:


> That's very similar to my letter. I have just received my last payslip now. So i have now six months payslips. All my slips have a gross of well over £1550 each month, and my overtime is constant every month. I think that's what they are really after. I am also bringing over my two children, but they will not be sponsored.
> 
> As i see it you stand a very good chance of getting your visa. They are looking at your monthly gross pay reaching £1550 or more for six months. The chain of bank statements must not be broken in this period. They will then take the lowest eg £1535 x 12 = £18420 as your your yearly salary. Consequently you fail. £1550 = £18600 Pass.
> 
> ...


so are you applying using cat a or b and if cat a are you going to using joppas formula for calculating annual income lowest gross payslip x 12 to estimate annual income.

i think the ECO are more keen towards finding reasons to reject people from what Im reading on this forum on a daily basis..well thats my belief

good luck


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## sheldon1 (Nov 25, 2012)

I can only tell you what my opinion would be because this is what i am doing. And i have addressed many forums and advises. If you have been working for your company for more than twelve months. Then you apply under cat a. If you have six months payslips all showing £1550 or more prior to your application. Then that's the key.

If you have 6 months payslips prior to your application with just one below £1550 you will fail. They are looking at your 6 months payslips prior to your application to calculate your salary.

Overtime and bonuses must show up in the six months prior to your application and shown to be a regular thing. If you had a lot of overtime in let's say march and then had a little bit of overtime in june and july. But you did not get any in your 4th payslip so your 4th payslip was below £1550 you would fail. Get all your payslips together and number them 1-6 the ones you are using for your application. If they all show £1550 or more you will be fine.

If someone has used the wrong category let's say b instead of a. You could try writing to see if you alter your documents. But in my opinion they would refuse it. That's were Legal advice might be your best bet.

If it was me i would just wait a couple of months and apply again under cat a. I know there is some confusion regarding new rules reference if you had two jobs would you apply under a or b. I have not really looked into this yet. So i would not like to comment on that yet.

I am sure someone on this forum would be more in the know about it. We will just have to wait until someone could help. I am sorry if i have not been very helpful but i just wanted to clarify a few things.

Sheldon.


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## pt1988 (Oct 28, 2012)

sheldon1 said:


> I can only tell you what my opinion would be because this is what i am doing. And i have addressed many forums and advises. If you have been working for your company for more than twelve months. Then you apply under cat a. If you have six months payslips all showing £1550 or more prior to your application. Then that's the key.
> 
> If you have 6 months payslips prior to your application with just one below £1550 you will fail. They are looking at your 6 months payslips prior to your application to calculate your salary.
> 
> ...


prior to your application meaning before the online submission date right if applying online and all my payslips are well above £2000 gross just waiting for the december one so I can apply in january but my main worry was if i used joppas method of timing the lowest payslip amount by 12 be regarded as forsification as in estimating then I dont want to fail on that... it is so not clear for my understanding


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## 2farapart (Aug 18, 2011)

If applying under Category A, UKBA will use your lowest pay in the 6 months as if you received this EVERY month. However, if all your payslips for the 6 months are £1,550 or greater before tax was deducted, then you will meet the Category A requirement.

When applying under Category A, you use the most recent 6 months - so for example: if you apply in January, you need to enclose pay slips and bank statements for the previous July to December.


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## sheldon1 (Nov 25, 2012)

Yes exactly 2farapart is spot on. Just do that and you will be fine. Thats what i am doing.


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## pt1988 (Oct 28, 2012)

ok one more question, ive read someones post on this forum regarding employment letter has to come from HR Dept, I work for a very big company, they have loads of local authority contracts around UK and rest of the world. my letter is written by my contract manager, he manages the contract where I work.. obviously its written on the company headed letter and also mentions that any further info the HR dept could be contacted or himself.

where do I stand?


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## sheldon1 (Nov 25, 2012)

pt could you tell me exactly what kind of contract you are on. For eg mine is classed as a o hours contract. I's permanent like you i have issues with this. And i am just wondering if you are on a similar contract If you are in Salaried employment will say so in your contract. The letter from your employer should be on Company headed paper. With your yearly salary. etc


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## pt1988 (Oct 28, 2012)

yes salary based on a company headed letter


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## sheldon1 (Nov 25, 2012)

Then you are ok. As i see it the key to this is the six months bank statements all with a gross of £1550 or more going in on a regular basis. Any overtime must be shown as part of the monthly gross. And must be consitant over the six month period prior to the application.

Good luck


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