Past earnings - Indian sal+ UK allowance - Please help

[vijier1]

Hi there,
I got my hsmp last year..with the valuable help and guidance from this forum. Now, I am helping one of my friend to process her Tier 1 Visa.

She is in UK since Jan this year…but she is getting her UK sal as allowance and is being paid her basic salary in India as well which is very less.

So, can she split up her past earnings like this:

May'07 - Dec'07 - Indian salary
Jan'08 -Apr'08 - UK allowance?

Can someone please advise on this?

Many thanks

[hussainkothari]

There are enormous post on this forum reg this issue. Please do a search on the already discussed topics.

-H

[vijier1]

Thanks. I have done a lot of study on this...but, am still confused about which salary to present.
Earnings in INR between May07 - Dec07
From Jan 08, the UK pay is paid as allowance and not as a salary. So, can we show this allowance as part of earnings? Also, in Jan, an advance amount of £4000 was paid and the company is deducting £300 everymonth from the salary. So, can we show this £4000 as part of the salary?

I have read through a lot of posts and still couldnt arrive at a conclusion. So, kindly advise me on this.
Its quite urgent and I would be grateful if someone can clarify this.

[geriatrix]

Though not an expert in these matters, but here's what I think based on my understanding:

May07-Dec07 working and earning in India - You can use uplift factor to these earnings since they were earned while the applicant was working in India. Provide necessary documentation as prescribed.

Jan08-Apr08 working in UK and earning both in India (salary) and UK (allowance) - You can use salary in India as earned income but *cannot* use uplift factor since the applicant is present and working in UK, and you can include UK allowance as well. You will need to provide necessary documentation (as prescribed) for *each* of these incomes (indian salary + UK allowance) if you wish to include both in the income calculations.

Hope this helps and that others can correct me if I am wrong in what I have stated.
And congrats on your ILR.

regards

Thanks. I have done a lot of study on this...but, am still confused about which salary to present.
Earnings in INR between May07 - Dec07
From Jan 08, the UK pay is paid as allowance and not as a salary. So, can we show this allowance as part of earnings? Also, in Jan, an advance amount of £4000 was paid and the company is deducting £300 everymonth from the salary. So, can we show this £4000 as part of the salary?

I have read through a lot of posts and still couldnt arrive at a conclusion. So, kindly advise me on this.
Its quite urgent and I would be grateful if someone can clarify this.

[vijier1]

Many Thanks for your reply. But, can we apply uplift factor if we are in UK? I thought we can only do this if we are applying from India. Can someone please clarify???

Also, can I include both my Indian sal+UK allowance ??? I really need someone's advise on this…

Please can you post your thoughts??

[geriatrix]

Many Thanks for your reply. But, can we apply uplift factor if we are in UK? I thought we can only do this if we are applying from India. Can someone please clarify???

The eligibility criteria for Tier 1 is independent of where you submit your application from.

Para 103 of the guidance notes clearly states that "The country in which the applicant has been working, rather than their nationality, determines the income bands against which the earnings will be assessed". In this case you are using uplift factor for earnings made in India when you were *working in India*. And for the same reason, for the salary component of income during Jan08-Apr08, you *cannot* use uplift factor to your Indian salary because you are working in UK.

Use the self-assessment tool and you will both understand the concept and also know for sure.

regards