Threshold loophole

[sheldon1]

I HAVE FOUND A LOOPHOLE IN THE INCOME THRESHOLD THAT MAKES IT IMPOSSIBLE TO MAKE A FAIR CALCULATION ON A PERSON'S EARNINGS,IF YOU CALCULATE IT BY THE 6 MONTHS AS WE HAVE BEEN DOING.

LET'S TAKE MYSELF FOR EXAMPLE. I WORK 60 HOURS A WEEK I AM SALARIED.I HAVE BEEN IN MY CURRENT JOB FOR 15 MONTHS NOW, I WORK 12 HOUR SHIFTS. I WORK WED THROUGH TO SUNDAY. HAVE MONDAY TUESDAY AS MY REST DAYS.

IN THIS YEAR 2012 APRIL TO APRIL THERE ARE 3 MONTHS THAT I CAN WORK 21 SHIFTS 5 MONTHS THAT I CAN WORK 22 SHIFTS 3 MONTHS THAT I CAN WORK 23 SHIFTS AND 2 MONTHS THAT I CAN WORK 20 SHIFTS. THIS GIVES ME A TOTAL OVER THE APRIL TO APRIL PERIOD OF 3120 HOURS X £6.50 MY HOURLY RATE. BINGO!! £20280 I HAVE EARNED THAT GROSS I AM OVER THE REQUIRED INCOME THRESHOLD.

BUT WAIT!! IF I CALCULATE THIS OVER A SIX MONTH PERIOD AND I DON'T WORK ANY EXTRA SHIFTS ETC. BECAUSE SOME CALENDAR DAYS ONLY HAVE 30 DAYS 31 DAYS AND SO ON I ACTUALLY COULD NOT SHOW THAT I AM EARNING THE 23 SHIFTS UNLESS I DID EXTRAS ETC.

SO AS YOU CAN SEE UNLESS THE ECO LOOKED AT MY ANNUAL INCOME WHICH IS £20280 GROSS HOW COULD HE LOOK AT MY CASE FAIRLY. HE WOULD HAVE TO TAKE INTO CONSIDERATION EXTRA SHIFTS IE OVERTIME ETC.

I AM SORRY TO GO ON ABOUT THIS BUT I BELIEVE I AM CORRECT. AND BASED ON RAICHARD CASE IT WOULD HAVE TO BE OVERTURNED IN THE FIRST INSTANCE.

I WOULD APPRECIATE OUR MEMBERS VIEWS....

SHELDON

[Terpe]

.....I AM SORRY TO GO ON ABOUT THIS BUT I BELIEVE I AM CORRECT. AND BASED ON RAICHARD CASE IT WOULD HAVE TO BE OVERTURNED IN THE FIRST INSTANCE.

I WOULD APPRECIATE OUR MEMBERS VIEWS....

SHELDON

In the case of rhaichard the refusal reason was that bonuses and overtime are not allowed to be be counted. The rules state bonuses and overtime is allowed.
The rules also state that commission-based pay can be included.

[lastlid]

I HAVE FOUND A LOOPHOLE IN THE INCOME THRESHOLD THAT MAKES IT IMPOSSIBLE TO MAKE A FAIR CALCULATION ON A PERSON'S EARNINGS,IF YOU CALCULATE IT BY THE 6 MONTHS AS WE HAVE BEEN DOING.

LET'S TAKE MYSELF FOR EXAMPLE. I WORK 60 HOURS A WEEK I AM SALARIED.I HAVE BEEN IN MY CURRENT JOB FOR 15 MONTHS NOW, I WORK 12 HOUR SHIFTS. I WORK WED THROUGH TO SUNDAY. HAVE MONDAY TUESDAY AS MY REST DAYS.

IN THIS YEAR 2012 APRIL TO APRIL THERE ARE 3 MONTHS THAT I CAN WORK 21 SHIFTS 5 MONTHS THAT I CAN WORK 22 SHIFTS 3 MONTHS THAT I CAN WORK 23 SHIFTS AND 2 MONTHS THAT I CAN WORK 20 SHIFTS. THIS GIVES ME A TOTAL OVER THE APRIL TO APRIL PERIOD OF 3120 HOURS X £6.50 MY HOURLY RATE. BINGO!! £20280 I HAVE EARNED THAT GROSS I AM OVER THE REQUIRED INCOME THRESHOLD.

BUT WAIT!! IF I CALCULATE THIS OVER A SIX MONTH PERIOD AND I DON'T WORK ANY EXTRA SHIFTS ETC. BECAUSE SOME CALENDAR DAYS ONLY HAVE 30 DAYS 31 DAYS AND SO ON I ACTUALLY COULD NOT SHOW THAT I AM EARNING THE 23 SHIFTS UNLESS I DID EXTRAS ETC.

SO AS YOU CAN SEE UNLESS THE ECO LOOKED AT MY ANNUAL INCOME WHICH IS £20280 GROSS HOW COULD HE LOOK AT MY CASE FAIRLY. HE WOULD HAVE TO TAKE INTO CONSIDERATION EXTRA SHIFTS IE OVERTIME ETC.

I AM SORRY TO GO ON ABOUT THIS BUT I BELIEVE I AM CORRECT. AND BASED ON RAICHARD CASE IT WOULD HAVE TO BE OVERTURNED IN THE FIRST INSTANCE.

I WOULD APPRECIATE OUR MEMBERS VIEWS....

SHELDON

Yes. There seems to be potential issues for some who are relatively borderline and arent on a flat salary but are on some kind of hourly or daily rate with number of hours / days worked varies over the course of time.

I wonder what they would say if you gave them your P60 with the £20280 on it?

Again, I know of many people who might only, for example, earn £1500 one month of the year but earn an average of £4900 per month for the rest of the year, having worked 187 days in the year. Grand total of £55400 per annum. The visa application system appears to be loaded against that kind of earner. (In the above example the person takes a 3 week holiday but does not actually get back to work for another week owing to being out of sync in an established rota.)

And / or altenatively might be off sick for a spell.

[lastlid]

Sheldon. I don't know if it would work, but it might be worth explaining the relative "peculiarity" of your situation on paper as part of the application. Obviously trying to make it as simple as possible for the ECO to understand.

[lastlid]

HE WOULD HAVE TO TAKE INTO CONSIDERATION EXTRA SHIFTS IE OVERTIME ETC.

On overtime, have a look at my thread on the topic.


Suggestion.

http://filipinaroses.com/showthread....974-Suggestion

[Steve.r]

Sheldon,

Please type in lower case

[grahamw48]

Clearly you should be assessed on your TOTAL taxable income as is the norm for all government department income/related assessments.

If you are signing on and work a certain number of hours a week, would you expect them to discount your overtime and commission when working out how much to deduct from any benefits ?

As I have stated previously, would the tax man similarly overlook such earnings ?

Of course not !

[lastlid]

Clearly you should be assessed on your TOTAL taxable income as is the norm for all government department income/related assessments.

If you are signing on and work a certain number of hours a week, would you expect them to discount your overtime and commission when working out how much to deduct from any benefits ?

As I have stated previously, would the tax man similarly overlook such earnings ?

Of course not !

You are right. I agree. But I suppose that it could be said that the taxman taxes you on what you have already earnt. Whereas the UKBA issue a spouse visa on what your sponsor is likely to earn in the future - as in ability to support the applicant without recourse to public funds. They would probably put it that way?

[grahamw48]

In that case why don't they also take into account (in the case of spouse visa) the earnings capability of the Filipina, since they are permitted to work from day one ?

Why don't they allow her to submit a written offer of employment ?
Are they assuming that she is to be a 'kept woman', with no financial contribution to the joint kitty ? That is clear discrimination.

Also, your PAYE tax deductions are estimated partly from calculated FUTURE earnings...not on what you've earned that week or month.

The whole scheme is flawed and clearly unfair and discriminatory.

[lastlid]

Also, your PAYE tax deductions are estimated partly from calculated FUTURE earnings...not on what you've earned that week or month.

Yes. Although ultimately you / we are taxed retrospectively, eventually. The estimations are just that, estimations that are eventually adjusted, year on year on income earned retrospectively.