In Netherlands on RP but salaried in India

[tahil77]

Dear Friends,

I'm planning to apply for HSMP and I have a big confusion, here's my situation explained and my question. Please someone guide me and help me on the same:
- I'm an Indian working with an employer in India since last 4 years.
- I'm currently in the Netherlands since one year on a residence / work permit through this employer.
- I'm working for this employer in the Netherlands at various clients.
- I'm paid my Indian salary as usual and paid my daily allowances or per diem as it is called. But its not a salary that is paid to me in NL.
- My other living expenses and travel are also taken care by my employer.

Now the questions is that if I apply for HSMP, in my previous earnings section can I claim points based only on my Indian salary though I'm staying in the Netherlands the entire claim period ?? basically can the band D country earning (India) apply in my case as I'm not salaried in Netherlands but salaried in India ?

Please help me solve this dilemma.

Thanks & Regards

[VictoriaS]

No. You must be assesed on Netherlands earnings, which I believe is band A.

Victoria

[prem12]

I think you can be assessed on Indian salary. According to the new hsmp guidance, an employee who is on deputation abroad, but his original salary continues paid back in his native country and recives allowances in foreign country, will be assessed according to thier native country band.

I am sure you would not be paying any tax in Neitherland, in that case you would be having ITR filed to govt. of India, which you should attach with your docs.
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[ThirdWorldTraveller]

Tahil,
I'm in the same position like you. I'm working for an Indian Company and on assignment in Switzerland. Only in my case, my pay slip shows the monthly per diem as converted into INR. I'm also in doubt about my country band.

[MyHSMPApplication]

Chaps as per my knowledge Victoria is right is this matter, unless Prem produces the document to support his claim

Prem, I am pretty sure what you have mentioned isn't correct. Can you please provide the link to the document where you got this information?

Cheers
PG

[pantaiema]

No U cannot
Reason: U r on on a residence / work permit through this employer not business VISA (for training, etc)

Dear Friends,

I'm planning to apply for HSMP and I have a big confusion, here's my situation explained and my question. Please someone guide me and help me on the same:
- I'm an Indian working with an employer in India since last 4 years.
- I'm currently in the Netherlands since one year on a residence / work permit through this employer.
- I'm working for this employer in the Netherlands at various clients.
- I'm paid my Indian salary as usual and paid my daily allowances or per diem as it is called. But its not a salary that is paid to me in NL.
- My other living expenses and travel are also taken care by my employer.

Now the questions is that if I apply for HSMP, in my previous earnings section can I claim points based only on my Indian salary though I'm staying in the Netherlands the entire claim period ?? basically can the band D country earning (India) apply in my case as I'm not salaried in Netherlands but salaried in India ?

Please help me solve this dilemma.

Thanks & Regards

[prem12]

Chaps as per my knowledge Victoria is right is this matter, unless Prem produces the document to support his claim

Prem, I am pretty sure what you have mentioned isn't correct. Can you please provide the link to the document where you got this information?

Cheers
PG

This is mentioned in the HSMP guidance. It does not mention weather the candidate is on buisness visa or work permit. It just says that if someone goes abroad and his salary continues to be paid back in the native country, he will be assessed according to native country.

Now how this has to be interpreted is open. This does not stiupulate any further clause.
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[gordon]

42. If you have been seconded overseas during the last 15 months and your salary continues to be paid in the normal manner overseas, the country where you have been seconded to and working would normally be considered. 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.
43. 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 guidance notes (9-aug-07, p29) identify the country to which one has been seconded and where one has been working, rather than the country from which one has been seconded. So I'd also agree that the OP can't claim his earnings under band D if he's been 'living and working' in a band-A country for the whole of the period, and even has a residence/work permit there. Note also para 43, with reference to where the bank account is, into which salary is being paid. One could examine under what circumstances the original country would be exceptionally considered instead - but at this point the OP's situation seems to be covered quite adequately by those two paragraphs.

[avjones]

As far as I can see, the HSMP guidance states:


42. If you have been seconded overseas during the last 15 months and your salary continues to be paid in the normal manner overseas, the country where you have been seconded to and working would normally be considered. 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.

43. 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.

[pantaiema]

Tahil,

I believe your company is too creative . My understanding is that, per Diem is only give to person who are under training scheme.

Tahil,
I'm in the same position like you. I'm working for an Indian Company and on assignment in Switzerland. Only in my case, my pay slip shows the monthly per diem as converted into INR. I'm also in doubt about my country band.

[pantaiema]

Let me give a comparable example. Some people from Income band E country get scholarship for PG study or under training scheme abroad, say for instance Income band A countries. The scholarships could come from international organisation, their universities/governments, foreign donors, etc. It is very often these people still get salary in their home as officially their universities/government still assumes them as their employees.

So in this case:
They get scholarship which is actually per diem based on where they are studying. In this case, Income bands A countries. This per diem is very low if it is compared to earning requirement to bands A countries. However if it is compared to earning requirement to bands E countries, it is very high.
They still get salary from their home employers.

So their salary at home + per diem that they received from scholarship in from Income band A country is definitely very high if the earning requirement to compared to earning requirement to bands E countries of bands E countries. (I am aware that FT study is not counted but keep in mind some people got scholarship/ per diem under training scheme)

If they accept the case mention by tahil77, they should accept the case that I have mentioned above.
So in this case given that they are allowed to immigrate by their employer/ scholarship donors every people who got foreign scholarship will qualify the HSMP earning criteria? It is highly unlikely.

Other members have also mentioned. “the country where you have been seconded to and working would normally be consideredâ€

[tahil77]

Dear Friends,

Thanks a lot for all the responses.

Based on the HSMP guidelines quoted and the comments posted it seems that in my case mostly I would need to apply with Band A (NL).

Does this mean that in my application I must apply with previous earning country as Netherlands (band A) and add up the salary paid in India (converted to GBP) and the allowances in the Netherlands ?
For example

-Salary in India - 10,00,000 INR = 12,000 GBP
-Allowances in Netherlands 20,000 GBP
-Total income = 32,000 GBP

Another question that I have is, does Home Office have a enquiry email or phone to find out abt this , basically wanted to hear from the horses mouth. Or can I get some contact of a solicitor / agent who can advise me with my application. My case seems not to be that straight forward.

Thanks in Advance
Regards,

[VictoriaS]

I'd be delighted to help with your application!

Please do e-mail me on victoria.sharkey@medivisas.com

Victoria