UK Allowance consideration for HSMP

[for_HSMP]

Hi Guys,

Anyone have idea of considering the allowance in UK for HSMP requirement.

I have been working here on a Work Permit from a company in India.
I am getting Indian Salary ( 7 Laks/ Annum) and £1800 as allowance.

I am having a degree Q so i would get 30 points , for my age 5 points
and for my UK exp 5 points.....So need to get 35 points for my earnings.

Believe i have to file from UK only as my stay in last 12 months is in UK,
So if add my earnings in UK and India its coming to 21,600+8750=30350 where i can gain only 30 points...Shortage of 5 points.....

Is there a chance i can apply saying from India, in which case i can gain max 45 points for earnings..or since my WP says salary of £ 36,000, can i claim that,....( my payslip only says allowance,no tax details shown)

Thanks !

[for_HSMP]

Also, if some one can tell me has it got approved HSMP if they have claimed the Allowance component in UK.

Rgds

[vidya]

i cant remember what the guidance notes says on this , but i do know that it has specific guidelines relating to this , so please do go through once more the guidance notes fully. even if you get the reply to this query on our forum , its better to convince urself by going through .

i think if the allowance is declared in ur payslips and tax returns , no problem in claiming

all the best

[MyHSMPApplication]

Hi For_hsmp.
From what I know, I am pretty sure, you can't apply as if you are applying from India.
Since you haven't considered any points for your age, I guess you aren't claiming any ponts in the section.

what I would suggest, is to get back to India, wait for 6 mths, i.e. till the moment you are eligible to apply from India and apply from there. I am pretty sure that with your salary 7L/annum there should not be any problem.

One other thing, you can't claim points based on what is shown in your work permit document.

Sr members repoly.

Cheers
PG

[kmore97]

Hi all,
I have got a similar problem. I have been living and working in UK for last 12 months. But I'm paid my salary in India, which is good enuf to qualify for 40 points if I apply from India.
But I'm in UK for more than 12 months, so I must apply from UK only. If I combine my UK allowance with Indian salary again I qualify for maximum points (40) even if I apply from UK. But the problem is I have no salary slip or P-60 for my UK allowance.

Can anyone share his/her exp of getting approval recently with similar cases or any other advise please?

Regards,
Kiran

[Rudresh]

I am sure you can Include your Indian component as well, when you are quoting your earnings, or atleast that's what my consultant told me, check mate, am sure you are allright

[VictoriaS]

If you have no salary slip, then the allowance will not be counted.

Victoria

[for_HSMP]

Heard, from few people they have claimed as if they are in india from UK and got HSMP approved....

They have shown only Indian salary , no UK earnings..

am claiming 5 points for my age

30 pts for degree

40-45 points for indian earnings ( 7 laks) --

Do u guys know which salary will be counted ( am claiming oct -mar 2006 - salary 5,60,000/- PA) and ( Apr-oct 07 6,96,000 /- PA),..am thinking my latest earning will be cosidered , any idea ?

Pls suggest ..

Thanks Much !

[VictoriaS]

If people claim as if they are in India when they are not then they are in breach of the immigration rules and are committing a serious offence. I very much doubt that they would get away with this, as it will certainly be picked up on when they apply for Entry Clearance.

Your earnings will be assessed on wherever you spend the most time. So, if you spend six months and one day out of the alloted time in the UK, then you will be assessed on UK salary.

Victoria

[pantaiema]

i do not know about the policy or any special aaregement with indian companies. But What I know for sure, If you are working in the the UK, the general priciple is that:

1. People can not claim any income which is not declared on wage slip
2. People might not claim any income which is not declared as part of taxable income in your pay slip . I am not sure wether this apply to just particular case or general.
But what I know for sure:
Most people in the UK who are under permanent employment (not contract) get pension contribution each month from their company. This income is declared on pay slip but it is not taxable. Therefore, they can not use this figure as part of Gross earning. This probably confirm that point (2) that I have mentioned above is not allowed.

I think most people know the reason behind this ....

[for_HSMP]

Thanks for the inputs !

My assumption came after the suggestion from many senior members in other threads even if they are in UK for More than 12 months, they have claimed as Indian applicant from UK and got HSMP approved.

I am not sure if it is a brach , they are few companies who pay salary as part of Indian,,think Home office is dealing this case by case.

Reasons as they stated is We are being paid only allowance in UK which is non taxable and we are getting full salary in India which is taxable.

Then, since we would be applying FLR ( not EC) as we are in UK, That should not be a problem.

any suggestions are welcome ....

Thanks Much !

[pantaiema]

If this is the case, I think the first one is to seek advice whether this is legal or not. You might get advice from people but the most reliable source is to find the link to the document in HMCR website which have mentioned about this and quote it in your HSMP application.

If other people in this fourm coould provide the link to that documets then this is a great help to other people. People will know for sure that it is acceptable.

If it is legal and written in Black and White so there is no more other interpretation (NOT A GREY AREA ) than it has to be approved by the CW.

Thanks for the inputs !

My assumption came after the suggestion from many senior members in other threads even if they are in UK for More than 12 months, they have claimed as Indian applicant from UK and got HSMP approved.

I am not sure if it is a brach , they are few companies who pay salary as part of Indian,,think Home office is dealing this case by case.

Reasons as they stated is We are being paid only allowance in UK which is non taxable and we are getting full salary in India which is taxable.

Then, since we would be applying FLR ( not EC) as we are in UK, That should not be a problem.

any suggestions are welcome ....

Thanks Much !

[superlondonguy123]

Hi All,

Here is the case worker guidance link which will be useful for all:
http://www.ind.homeoffice.gov.uk/docume ... kguidance/

Regarding the Breaching....

Is there a chance to get answer directly from Home Office people for this kind of queries? Any email id/contact Number available? Anyone has any idea?

[pantaiema]

superlondonguy123

I have seen the CW guidence since it was first published. So it is not a knew thing. But could U please mention in which page & paragraph it is written that the indian companies get tax exemption when come to HSMP gross earning ?.

I think we still need to learn from other people who are going into this process.

Hi All,

Here is the case worker guidance link which will be useful for all:
http://www.ind.homeoffice.gov.uk/docume ... kguidance/

Regarding the Breaching....

Is there a chance to get answer directly from Home Office people for this kind of queries? Any email id/contact Number available? Anyone has any idea?