Employer's letter problems

Hello,

Quick background: I earn 14,000 per year and have been doing overtime from Sep 19 to Feb 20 - I have six payslips which are at least 1,550 each (which imo is the main thing). Employer won't issue the letter exactly as I need it as it's "non-standard"

Anyway...

Long story with a battle that's been ongoing with HR for past three weeks regarding my employer's letter. Basically my manager is unable to provide the letter since it references pay and have informed me it has to go through HR.

I wrote to HR and they sent me out a letter confirming my position, type of employment, start date etc. I am part-time working 20 hours a week. They have stated "XXX is part-time working 20 hours a week. The full-time equivalent salary for this grade is 23,000."

As you can clearly see, they don't mention my part-time salary of 14,000. In addition, they WILL NOT confirm how much I've earned over the past 6 months, something along the lines of "XX has been doing overtime and his total pay for the past six months have been 11,000." as it's non-standard (in their words)

Anyway they said if I need my part-time salary in writing I will have to submit some sort of access form. This, by the end of it all, means I will have TWO separate letters. One letter will say my position, type of employment, start date etc. I am part-time working 20 hours a week. It will also say what the full-time equivalent salary is". And finally, the second letter will state "XX's part-time salary is 14,000 per annum"

This is completely insane that they won't do it BUT if I got these two letters - would it meet the requirement for employer's letter? I noted they will not make any mention of the overtime I've been doing so I will have to actually include this in a separate cover letter.

I think the main thing is all my payslips are 1,550 or above and THIS is the thing that proves I meet the financial requirement - right?

Please help,

I would see if they can change their wording to "His expected salary is £23,000." My husband earns a different amount each month due to being an hourly employee, and that was the wording his HR department used. The rest of the letter sounds fine in my opinion. I wouldn't include a letter or contract stating you earn £14,000 because then you will be refused.

I would see if they can change their wording to "His expected salary is £23,000." My husband earns a different amount each month due to being an hourly employee, and that was the wording his HR department used. The rest of the letter sounds fine in my opinion. I wouldn't include a letter or contract stating you earn £14,000 because then you will be refused.

They are applying based on a contracted salary of £14,000 (which will be shown on the payslips and must be addressed in the letter) and guaranteed overtime of £4,600 or more per year.

Therefore the letter needs to state:
- current employment/job title and current fixed annual salary (£14,000)
- amount of annual earnings expected through guaranteed overtime on top of the £14,000
- length of employment
- length of time earning current salary plus overtime (length of time earning £18,600 or more)... this must be at least 6 months for Cat A
- type of employment

If they just put “expected salary of £23,000 per year”, UKVI will compare it with the base salary on the payslips, see that the base salary is only £14,000 and refuse the visa.

As the requirement is being met through base salary plus overtime, I believe way they will calculate the income is:
- annual base income: monthly base salary x 12 months = £14,000
- £14,000 + (total of all the overtime earned in the 6 months)


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If HR won't work with him, could he take on a second job earning at least £4600/year to fill the apparent deficit, and then immediately apply Cat B, showing a prior year of income over £18,600, plus guaranteed income over £18,600 going forward?  He wouldn't have to wait six months, right?  Plus, he'd have more money to use for future visa applications... always a bonus. 

If HR won't work with him, could he take on a second job earning at least £4600/year to fill the apparent deficit, and then immediately apply Cat B, showing a prior year of income over £18,600, plus guaranteed income over £18,600 going forward?  He wouldn't have to wait six months, right?  Plus, he'd have more money to use for future visa applications... always a bonus. 

I was thinking along similar lines and wondering if OP could not increase their hours at the current company, as they are currently part time at 20 hours per week?

I can't have them say my expected salary is 23,000 as I don't work full-time. My contracted hours are 20 hours per week however for the past six months there's been lots of overtime which I've been doing, meaning my pay slips are 1,550 for each of the last six months.

My question was would it be a problem if, due to HR policy, I submit two employer's letters... the first letter will say my position grade, permanent, part-time BUT when it mentions my salary, it's against policy for them to say my part-time salary so it will basically say "X is part-time contracted 20 hours per week and the full-time salary equivalent is 23,000 per year". Then, if I want them to actually specify my part-time salary is 14,000 I have to submit some access form which means they'll basically say "X is part-time contracted to 20 hours per week and his part-time salary is 14,000"

I just will end up with two letters.

I would see if they can change their wording to "His expected salary is £23,000." My husband earns a different amount each month due to being an hourly employee, and that was the wording his HR department used. The rest of the letter sounds fine in my opinion. I wouldn't include a letter or contract stating you earn £14,000 because then you will be refused.

I mean, I basically have to say this otherwise I could also get refused for lying. Yes I am contracted earning 14,000 a year but over the last six months I've been doing overtime and I've earned about 11,000 in total from Sep 19 to Feb 20.

I was thinking along similar lines and wondering if OP could not increase their hours at the current company, as they are currently part time at 20 hours per week?

I have been increasing my hours at the company but I can't just change my contract lol.

I have been increasing my hours at the company but I can't just change my contract lol.

Larrabee meant, can you ask the company if it’s possible to change your contract and increase your contracted hours enough so that your fixed base salary is £18,600 and you don’t have to rely on overtime?

For example, if the company would allow you to increase your contracted hours to say, 28 hours per week (or however many is needed to make £18,600), you would be able to meet the requirements without needing overtime.



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Larrabee meant, can you ask the company if it’s possible to change your contract and increase your contracted hours enough so that your fixed base salary is £18,600 and you don’t have to rely on overtime?

For example, if the company would allow you to increase your contracted hours to say, 28 hours per week (or however many is needed to make £18,600), you would be able to meet the requirements without needing overtime.



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Ah I misunderstood. No, this is not possible. I was under the impression I could have a base salary below 18,600 and still meet the financial requirement through overtime as long as my last six payslips are 1,550 or above - which they are. My question is, is stating my contracted annual salary of 14,000 in an employer's letter likely to result in a refusal? If so, I am not sure how people under 18,600 base salary can meet the threshold even with overtime if their letter has to confirm their base salary anyway and if it's below 18,600 = refusal.

Ah I misunderstood. No, this is not possible. I was under the impression I could have a base salary below 18,600 and still meet the financial requirement through overtime as long as my last six payslips are 1,550 or above - which they are.

You can - that’s not the problem, because past income is only half of the requirement. You meet the past income evidence but the problem is that you also must provide hard evidence that you will CONTINUE to earn at least £18,600 per year.

Andd that can be difficult if you are relying on overtime because usually overtime is not guaranteed... so if you were able to either:
- increase your contracted hours
Or
- get a second job paying at least £4,600 per year (and apply under Category B)

That would make it easier for you to meet the future income requirements

My question is, is stating my contracted annual salary of 14,000 in an employer's letter likely to result in a refusal?

If they only state the £14,000 and cannot guarantee in writing that you will earn at least £4,600 in overtime per year every year in the future, then yes, it will be an automatic refusal.

If so, I am not sure how people under 18,600 base salary can meet the threshold even with overtime if their letter has to confirm their base salary anyway and if it's below 18,600 = refusal.

Either they don’t, and can’t apply for a visa (the point of the £18,600 threshold is to prevent as many people as possible from qualifying for a visa).

Or they have to get a new or second job to make up the difference to £18,600.

Or they have enough in savings to make it up (with a base income of £14,000 you would need £27,000 in savings, held in your bank account in full for at least 6 months).

Or they have their employer state their base salary, and also state in writing that their overtime is guaranteed to continue every year and they have to state the amount in overtime that you will DEFINITELY earn every year.



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Ok and in Appendix 2 3.11 I can state I earn 14,000 gross annual income as long as I explain why I still meet the financial requirement of 18,600 in a separate cover letter?

There is no Appendix 2 form to complete anymore. It has been incorporated into the online application.

I’m not quite sure how the questions are phrased on the online form as I cannot see it.


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There is no Appendix 2 form to complete anymore. It has been incorporated into the online application.

I’m not quite sure how the questions are phrased on the online form as I cannot see it.


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Oh ok, thanks. Regarding my employer's letter.. is it a problem if one letter states (like in my first post) that I am contracted to work 20 hours per week part-time but the full-time salary equivalent of this is 23,000? And the second letter will state "X's part-time salary is 14,000"? - this is due to me having to submit an access request form to get them to state my part-time salary but unfortunately it's against company policy for them  to include it in the one letter - it has to be done separately.

If it asks what your annual salary is I believe you either would put down:

- the total income as stated on the employer letter (£14,000 plus the figure they give for how much you will earn in overtime)

Or

-  the amount calculated from your payslips... which will be your total fixed annual salary (base salary x 12 months) plus the total overtime you have earned in the 6 months.

You should not need to explain it in a cover letter because it should be explained explicitly in your employer letter.


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Oh ok, thanks. Regarding my employer's letter.. is it a problem if one letter states (like in my first post) that I am contracted to work 20 hours per week part-time but the full-time salary equivalent of this is 23,000? And the second letter will state "X's part-time salary is 14,000"? - this is due to me having to submit an access request form to get them to state my part-time salary but unfortunately it's against company policy for them  to include it in the one letter - it has to be done separately.

I don’t know. I haven’t answered, because I don’t have an answer for you.

I’ve never heard of anyone sending 2 letters before and I don’t know if UKVI are allowed to accept two letters or not.


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They are applying based on a contracted salary of £14,000 (which will be shown on the payslips and must be addressed in the letter) and guaranteed overtime of £4,600 or more per year.

Therefore the letter needs to state:
- current employment/job title and current fixed annual salary (£14,000)
- amount of annual earnings expected through guaranteed overtime on top of the £14,000
- length of employment
- length of time earning current salary plus overtime (length of time earning £18,600 or more)... this must be at least 6 months for Cat A
- type of employment

If they just put “expected salary of £23,000 per year”, UKVI will compare it with the base salary on the payslips, see that the base salary is only £14,000 and refuse the visa.

As the requirement is being met through base salary plus overtime, I believe way they will calculate the income is:
- annual base income: monthly base salary x 12 months = £14,000
- £14,000 + (total of all the overtime earned in the 6 months)


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Ah. I didn't know that the £14,000 will show up on payslips. I still find it strange that it's better for the sponsors to be paid hourly wages than salaried but making enough money through overtime.