Tier 1 - Eligible Earnings question (job overlap, seperation pay)

I started a thread last week making sure that there were no special allowance for switching between a BUNAC blue card visa and a sponsored visa if I was already employed in the job that I'd be sponsored for.  It seems I was correct in assuming that it makes no difference if I'm in the job already, and sponsorship procedure is handled normally (a 'resident labour market' test is still neccesary)

 
http://talk.uk-yankee.com/index.php?topic=47481.0

I'm now wondering if I might be better off applying for a HSMP Tier 1 Visa, instead of going the sponsored route.  My only concern, of course is points.

I can claim the following points for starters:

Age -	31	5pts
Qualifications -	Master's Degree	35pts
UK Expirence -	Current Job	5pts

These leaves me 30pts to get from Earnings which has a floor of £29,000. Depending on what I'm allowed and not allowed to include I can meet this.

I'm looking for guidance on what is accepted:

The timing could sound tricky, so I'll try to give a brief timeline

I was employed in a salary position for several years leading up to (and technically beyond) my arrival into the UK.

I arrived in the UK on June 29th
I become employed in the UK on July 11th.
I separated from my US job officially on August 1st
I received my last paycheck from my US job on August 30th.
I received separation pay for unused holiday/vacation days on August 30th
I worked a 2nd job (part time hourly job for about 10 hours a week) from January -> April.

My US Job salary was approximately $40,000/yr || $3,333 a month
My UK salary is approximately £30,000/yr || £2,500 a month
The separation pay that I received on August 30th was $7,500 a month
The 2nd job pay for the year was about $1,500 total

My specific questions:

- Would I be allowed to include the part time job, which was at a pizzeria, in my earnings declaration.  I'm concerned about issues of 'overlap' and 'menial hourly work on 'high skilled application'.

- During the month of July I was drawing a salary from both my US job and my UK job, will this be considered?

- Would separation pay be considered?  From the website guidance, it does say eligible income could be considered from 'payment in lieu of notice (a payment made instead of requiring an employee to work the normal period of notice when leaving a job).'   However, my concern here is that the income is overlapping with my employment in the UK.

- Finally, there was a significant swing in the exchange rate between Aug 1st (my separation date) of $1 = £0.50470 and August 30th (my last paycheck and payment of separation pay) where $1 = £0.54930.   Which rate am I obliged to use?

You can use salary from more than one job.

You use the exchange rate at the time of application.


Vicky

You use the exchange rate at the time of application.

Vicky

Are you sure about this?   With my being so close to the £29,000 limit that I need, the conversion rate will really affect if I qualify.

From the following website:  http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general/eligibility/pointsassessment/earnings/

How we convert your earnings into pounds sterling (GBP)

Earnings made overseas must be converted into pounds sterling so that we can assess them. The exchange rate we use is the one produced by OANDA.

You should use the closing spot exchange rate on the OANDA website on the last day of the period for which you have claimed earnings in that currency. You can find a link to the website on the right side of this page. It is an independent website, for which we are not responsible.

Are you sure about this?   With my being so close to the £29,000 limit that I need, the conversion rate will really affect if I qualify.

Vicky is referring to something else, not about conversion of your earnings. 

Based upon what you wrote, if your last payment was 30 Aug, then that's the day you need to use for the spot rate. 

Because the spot on that day is not as favourable to you as some other day is unfortunate.  But people all over the world making T1 applications have the same problem.  And getting refused because of a dodgy exchange rate is difficult to explain in future applications.  Not to mention embarrassing.

Based upon what you wrote, if your last payment was 30 Aug, then that's the day you need to use for the spot rate. 

Because the spot on that day is not as favourable to you as some other day is unfortunate.  But people all over the world making T1 applications have the same problem.  And getting refused because of a dodgy exchange rate is difficult to explain in future applications.  Not to mention embarrassing.

Actually..  the 30 Aug exchange rate is much more favourable to me than the 1 Aug rate.

Using my US monthly salary of $3,333

Using 1 Aug  (separation day) rate of 0.504 results in a monthly salary of £1679

Using 30 Aug (last pay date) rate of 0.549 results in a monthly salary of £1829

I'm wanting to adhere exactly to the rules as they are, which is the point of my question.  If I'm suppose to use the 1 Aug rate, which hurts me, I will.  If I'm suppose to use the 30 Aug rate, which helps me, all the better.

I'm still not clear if my separation pay is eligible.

The 30 Aug rate is the one they will use.  The rules are very clear about it.

If it's favourable to you, that's a freebie you can enjoy.

- Would I be allowed to include the part time job, which was at a pizzeria, in my earnings declaration.  I'm concerned about issues of 'overlap' and 'menial hourly work on 'high skilled application'.

I don't remember there being any rules as to what kind of jobs you could have to claim points for HSMP - I'm pretty sure it's the same for Tier 1 (General) --- as long as you can provide satisfactory evidence, i.e.

I found calling the HSMP customer service line very helpful for my queries, which I used extensively for two purposes: 1) To hear from the "horse's mouth" and 2) Emphasising on the cover letter that "so n' so is per the advice I got from the HSMP helpline"... so it can't be wrong 

I can claim the following points for starters:

Age -	31	5pts
Qualifications -	Master's Degree	35pts
UK Expirence -	Current Job	5pts

These leaves me 30pts to get from Earnings which has a floor of £29,000. Depending on what I'm allowed and not allowed to include I can meet this.

Just wanting to check which points calculator you are using - I used the UK Border Agency points calculator to see how many points one of my friends in the US can get (she's looking to move to the UK) and it would only give her 30 points for her Masters degree. However, the www.workpermit.com calculator says that you get 35 points for a Masters  .

The only one that counts is the official Home Office one.

You need to bear in mind that there are different kinds of Masters degrees, and not all are comparative with a UK Masters.  This is why you need to input the institution and qualification into the Home Office database, and not rely on the 'calculators' from agencies.

Vicky

I have a question about the Tier 1 application as well.  I just did the point calculator and got 75 points!  I was so excited, but I haven't worked since the end of June.  Are you supposed to use a historic exchange rate for that date?  If so, how do you get that number?  Also, I have NO paperwork to prove what my salary was.  No longer have the contract, closed my bank account, had no bills.  (This was in a foreign country as well, didn't make enough money to be forced to pay US taxes, so haven't filed any, well don't need to yet.)  So I guess my question is, how are you going to prove that you made this amount of money?  (I barely passed when I changed the salary requirements from my husband's to mine.)

Also, the school that I went to in Italy wasn't listed as a choice, so I put our rival school (both American University curriculum, 4 yr institutions).  I did that just for the sake of getting the points calculated.  I'll have to put MY school at some point...

Thanks for any help!

Quite simply, if you don't have documents to prove your salary, you don't qualify.

Vicky