HSMP extension :Prev earnings -allowances + indian salary

[halmet]

Hi,

My case is little complicated and I really need advice from senior members in this forum.

I had come to Uk on wp from an indian employer however then I switched to hsmp. I did not inform my employer about my switch. i had in mind to look for a new job in the UK but due to some personal reasons I could not.

My indian employer returned me back to india when the project finished. However I have returned back to Uk after a month of stay in India as it is time for my hsmp renewal.

I have all the salry slips of salry paid in india and allowance slips of allowances paid in the UK - attested and signed by the employer. however the problem is that the allowance slip does not mention any tax deductions or NI contributions.

I am eligble for renewal considering both allowances and indian salary. will my allowances be considered in my previous earnings. This did not seem to be a problem unless I read in the forum that earnings over which tax is paid is only considered. Nothing such is mentioned in the gauidance notes.

I am not sure my company pays taxes over the allowances. I noticed in the p60 that there is only a small amount of tax is paid over the entire year and a large part is considered under tax free dispensation.

Could anyone suggest if they have had extensions considering allowance slips.

Will really appreciate any suggestions on how can i handle such situation.

Thanks

H

[aspirant09]

hi,
Can you please give deatils in terms of "dates" that you were issue the Tier1 and when you moved back to India?
i dont think "tax" implications should be an issue in your case but will wait for seniors to comment as I am not 100% sure.

[halmet]

I was issues tier1 in may 2007 and I returned to India in february2009 and came back here in the month of march2009. I only have a few weeks before the visa exprires.

my main concern is with the allowances. will they be accepted as valid earning . I have seen many people have made fresh initial tier1 application on the based of allowances. However I am not sure if allowances can be considered for extension applications as not sure if my company pays tax on allowances that are paid to me here.

[ChetanOjha]

Hi Halmet,

Seems that you have answered your query yourself. as you said in your P60 most of the part is considered under tax free slab. I think you should be fine using allowances payslips.

I am unclear whether you want to claim earning points using allowances+Indian salary or only allowances?

Hi,

My case is little complicated and I really need advice from senior members in this forum.

I had come to Uk on wp from an indian employer however then I switched to hsmp. I did not inform my employer about my switch. i had in mind to look for a new job in the UK but due to some personal reasons I could not.

My indian employer returned me back to india when the project finished. However I have returned back to Uk after a month of stay in India as it is time for my hsmp renewal.

I have all the salry slips of salry paid in india and allowance slips of allowances paid in the UK - attested and signed by the employer. however the problem is that the allowance slip does not mention any tax deductions or NI contributions.

I am eligble for renewal considering both allowances and indian salary. will my allowances be considered in my previous earnings. This did not seem to be a problem unless I read in the forum that earnings over which tax is paid is only considered. Nothing such is mentioned in the gauidance notes.

I am not sure my company pays taxes over the allowances. I noticed in the p60 that there is only a small amount of tax is paid over the entire year and a large part is considered under tax free dispensation.

Could anyone suggest if they have had extensions considering allowance slips.

Will really appreciate any suggestions on how can i handle such situation.

Thanks

H

[halmet]

I want to consider UK allowance + Indian salary.

Major part is UK allowance. Indian salary forms only 5k GBP.

I have separate allowance slips for allowance that do not mention any gross or net separately but only the amount paid. These do not mention any tax deductions too.

Indian salary slips do mention the tax deduction and gross and net separately.

My concern is my major earning is throug allowances in UK and as I do not have a proof confirming that my company has been paying applicable tax on my allowance. The figures in p60 , do not match my allowance slips also. I dont know how my company does the calcultaions. Company is not giving any letter. They are saying that they have attested my salay slips and allowance slips and that should suffice.

The Current clause in gauidance note says that they will consider allowances only if the allowances are a part of salary slips. I dont have allowance as a part of my indian salary slip but I have separate allowance slips that do not show any tax deduction.

I hope you now understand my issue. Could you suggest if there is some way out or do you think I should be fine. Please consider this is not a fresh application for initial tier 1 but an extension application. Are notmy allowance slips supposed to show tax deductions ?

[aspirant09]

hi halmet,
they consider allowances if your company is obliged to pay you your allowances as part of your contract(service agreement) so why dont you try this:
try getting a letter from your employer stating that mr Halmet is an employee of this organization and as part of his remunation package the company is paying allownaces ( fixed or flexible) to him".
this will justify that your allowance is indeed your earning and then HO cannot say no.

[halmet]

My Company is not giving me this letter