HSMP in case of getting allowances in UK(secondment)

[LondonGuy]

Hi

I am on secondment in UK from India and getting Indian salary in India & allowances in UK. I am not getting any pay slips for UK allowances. I am filing tax return in India.

Am I allowed to file the HSMP?
I am in UK from last 8 months. If I can file the HSMP then which country of earnings will be considered?

I will appreciate if anybody who got the HSMP successfully while on tax free allowances in UK can reply.

Thanks

[ball1333]

I am not getting any pay slips for UK allowances.

Please read the Guidance, it will save you a lot of time!!!

Page 23 of the Guidance states: "We will not be able to consider any
allowances paid to you that are not declared on
your pay slips."

Page 25 of the Guidance states:
"In order for us to establish which country code to consider
your earnings against you will need to provide
evidence of where you have been working and
where your salary has been paid for the 12-month
period you wish us to consider.

If you are living and working in a country but
having your income paid into a bank account in
another country your income will be considered
against the country code where you are living and
working."

The bottom line is that you can consider only the income paid into your Indian bank account, but you must use the Band A chart on page 24 of the Guidance. If you have been paid GBP 7500 into your Indian account (=45 HSMP points if you were living in India), you can claim NO (zero) points for income on your HSMP application because the minimum earnings for a Band A country are GBP 16,000 for 5 points.

[SYH]

Hi

I am on secondment in UK from India and getting Indian salary in India & allowances in UK. I am not getting any pay slips for UK allowances. I am filing tax return in India.

Am I allowed to file the HSMP?
I am in UK from last 8 months. If I can file the HSMP then which country of earnings will be considered?

I will appreciate if anybody who got the HSMP successfully while on tax free allowances in UK can reply.

Thanks

Then I guess you have to show your income from India and that would be the country of earnings

[ball1333]

Then I guess you have to show your income from India and that would be the country of earnings

Are you sure about this, SYH? The guidance says:
"If you are living and working in a country but
having your income paid into a bank account in
another country your income will be considered
against the country code where you are living and
working."
LondonGuy says he is living and working in the UK.

[SYH]

Then I guess you have to show your income from India and that would be the country of earnings

Are you sure about this, SYH? The guidance says:
"If you are living and working in a country but
having your income paid into a bank account in
another country your income will be considered
against the country code where you are living and
working."
LondonGuy says he is living and working in the UK.

He can't show payslips to prove it so its India

[ball1333]

He can't show payslips to prove it so its India

The guidance says, "If you are living and working in a country but having your income paid into a bank account in another country..." and LondonGuy's correspondence address will be in the UK...won't the HO wonder about this?

[SYH]

He can't show payslips to prove it so its India

The guidance says, "If you are living and working in a country but having your income paid into a bank account in another country..." and LondonGuy's correspondence address will be in the UK...won't the HO wonder about this?

So bali what do you want to do about it
If he can't show payslips to back it up they are going to wonder about it the other way around.

[apeterso925]

Then I guess you have to show your income from India and that would be the country of earnings

Are you sure about this, SYH? The guidance says:
"If you are living and working in a country but
having your income paid into a bank account in
another country your income will be considered
against the country code where you are living and
working."
LondonGuy says he is living and working in the UK.

He can't show payslips to prove it so its India

I agree with SYH...ball1333's interpretation of the guidance notes would be correct if LondonGuy were "living" in the UK, in the manner the HO considers in their explanation. But if he is on secondment and is having his salary sent to India, that sounds like a situation where he is merely visiting the UK, albeit long-term...so he may be *physically* residing in the UK, but for paperwork purposes, he lives in India.

LondonGuy: out of curiosity, does any of your employment paperwork (e.g. wageslips, your official place of residence on record) list your UK address? Or does everything reflect your address in India, since that's where your salary is sent?

It seems the guidance notes don't clarify the third type of category that LondonGuy falls into:

Working in one country while living in another. So the question I don't know that any of us can answer is, where does LondonGuy "live" if we use the HO's definition of "live"?

In fact, it seems the HO has not yet directly addressed applicants who might be on secondments...which, by their very nature, mean that you legally work in one country while you legally live in another country...correct?

Amy

[LondonGuy]

Hi

I got my full Indian salary in India only. Company sends me tax free living allowance in my UK account.

I rang up the HSMP help line and they told me that I can file the application as in country and country of working as India where I am getting my salary.

I just forgot the extact word she used for this.

thanks

[applyhsmp]

I wonder how that ll help you?

If you make an incountry application you would be considered against the UK Past Earning Band. However the only income that you would show is India Salary. In that case you would need some £16000 ~ 13 lacs in Indian Salary to get minimum points as per UK band.

[aero_london]

I am also facing this same problem.
One way it is clear. You are here in UK now under a workpermit and applying inside UK, but your past earnings you are claiming in India and you were in India that time. But I don't know Home Office check this or not?

Or don't put any UK address, everything should be Indian address. They send back the document to India, then can apply for leave to remain under WP.Any other thoughts? How are you proceeding?

Cheers

[LondonGuy]

I am still wotking on this. I have been told that now if somebody is on allowance in UK and getting indian salary in india then home office is considering the country code as A only and not the D.
I have been told that in some cases they considered the country code as A and rejected it based on that and in some cases they accepted it as country code D. So there is no uniformity.

In all the cases applicant submitted the in country application and were on allowances(means no tax and NI in UK) and ful indian salary in India

[aero_london]

Londonguy,

Today I spoken to HO and they told in this case they consider only country code A after a lot of discussion with some other help board, and told me to show proof for allowances and a letter from employer stating the proof of allowances. I mentioned to them point no. 42 and 43 on page 29 never covering our status.

Anywayz thats never possible for me and still it never touches the points.

whats your email id? we can check other possibilities..

cheers

[applyhsmp]

I wonder if it matters whether tax is paid in UK or not(All Indian companies pay tax in UK on allowance, Revenue/Customs would not leave them without that, though they may not furnish the documents to the employees).

If you can show proof of allowance then that should be fine. Either get letter from HR(they cannot deny that to you) or if they generate some payslip for onsite allowance get that signed and stamped. Also get the bank statement where the allowance gets deposited.

This along with India salary and bank statement should do.

Add both the amounts and put it together for Band A.

[LondonGuy]

Hi

In this case How they will calculate the salary?

I have 3 months Indian salary only.

then for 9 months UK Allowance + India Salary

How to calculate the total earnings?

Thanks

[aero_london]

Normally they do it as a Pro-rata basis. You spend majority of your time in UK (9 months out of 12). So they choose your country code as A. Assume your total earnings are 'x' (UK allowance+indian salary) in UK(for 9 months). They divide x by 9 and then multiply with 12. So they got gross amount for 1 year and this they check against band A.

[ab_hsmp]

Hi Guys

Did you applied for HSMP. Which country code you have used finally.

thanks
chetan

[mepals]

Hi Aero_london, Applyhsmp

Could you please update us on the status if you have already applied? I am also in the same situation and wanted to know what should be the exceptional reason given for not having tax documentation for UK? Does HO accept the reason that company is paying the tax directly and what we get is net amount?

Thanks,

[udayr9]

Hi LondonGuy,

Any luck on this as I am in exactly a similar situation like yours.
Please let me know.

[canusee]

I am also on deputation from India on allowances ( I guess as I have no NI).
But here I have Form P60 with following details.
Total Amount PAID is 18300 GBP
Tax cut in as per P60 is 2665 GBP

Right now actual salary certificate from company shows as 28300 GBP
> I have payslips for the amount paid in UK

Not sure I can add this also but I have Salary paid in Indian Rupees around 1,50,000 IRS
> I have payslips for the amount paid in India as well

> I have GBP amounts going to UK a.c and IRS going to India salary a.c

>> How can I qualify for earnings ?

Please reply, how can I deal with my situation
any update on the guys with similar situation posted above