Sorry reconfirming answer on Previous Earnings - 2 Countries

[Vrajdham]

Sorry for reconfirmation. Please answer to below queries
Friends’ sincere thanks for your help

Facts:
Applying for Tier 1 from UK. Period of earnings claiming are from Jan to Dec 09. Applying by Feb 10(last week)
Earning Period, Country, Currency, total months
1) Jan 09 to April 09 – from UK – GBP, INR – 4 months
2) May 09 to June 09 – from India – INR – 2 Months
3) July 09 to Dec 09 – from UK – GBP,INR – 4 Months

Total GBP earnings more than 16 K in this period

Queries:
1) Can I claim uplift for May 09 to June 09?
2) Can I claim UK experience as my GBP earning more than 16K ?
3) If we claim more points than their assessment but even after their assessment they determine 75 points. Will they reject application as I claimed higher points than that of their assessment or they will accept it with fact that it is still achieving 75 points ?

[ash786]

Sorry for reconfirmation. Please answer to below queries
Friends’ sincere thanks for your help

Facts:
Applying for Tier 1 from UK. Period of earnings claiming are from Jan to Dec 09. Applying by Feb 10(last week)
Earning Period, Country, Currency, total months
1) Jan 09 to April 09 – from UK – GBP, INR – 4 months
2) May 09 to June 09 – from India – INR – 2 Months
3) July 09 to Dec 09 – from UK – GBP,INR – 4 Months

Total GBP earnings more than 16 K in this period

Queries:
1) Can I claim uplift for May 09 to June 09?
2) Can I claim UK experience as my GBP earning more than 16K ?
3) If we claim more points than their assessment but even after their assessment they determine 75 points. Will they reject application as I claimed higher points than that of their assessment or they will accept it with fact that it is still achieving 75 points ?

1. Do no understand wat do u mean by uplift.
2. U can claim UK experience.
3. U earn points according to the table as per the guidence.

[tvn_ramesh]

I think you cannot use uplift ratio if u claim UK Experience poonts..

let others confirm this..

[Vrajdham]

Thanks ash786,

regarding Query 1
1) Can I claim uplift for May 09 to June 09? ( I was in India in this period and earned salary in INR so Can I use India Multiplier (5.3) for earnings of this period and also UK Experience 5 point claim as GBP earning in this period was more than 16K)

[Vrajdham]

Hi tvs_ramesh

Thanks for reply, is there any guidelines which I can refer in this regard i.e. claiming Salary uplift for India working period and also UK Work experience points, both together.

Thanks a lot for helping me.

[ali_hsn]

hi Vrajdham,

I am quite certain that you can not apply an uplift ratio where you have been working in the UK along with any other country of residence. The points based calculator does an automatic uplift if applicable. Try entering the earnings instead of selecting the relevant band. Here is the link from the home office website.
http://www.ukba.homeoffice.gov.uk/worki ... s/#header6

I hope this helps.

regards,

[Vrajdham]

Hi ali_hsn,

I tried to enter my earnings in Points Calculator and it automatically used uplift for earning of India (May - June 09) and for other INR earnings i.e. (while Country of earning was UK) it converted it to GBP without uplift.

Seniors please let me know if this is not allowed.

My main question is Can I apply uplift on my previous earnings and also claim UK Experience points together?

if any one knows similar case or can point me to guidance note around this it be great help.

Thank You.

[geriatrix]

Para 144 of the policy guidance is very clear on when an applicant can claim points for UK experience.

144. An applicant can claim a maximum of five points if he/she has either:
• successfully scored points for previous earnings and those earnings were made in the United Kingdom; or
• undertaken a period of full-time study in the United Kingdom, of at least one full academic year, and been awarded a qualification at bachelor’s degree level or above. The qualification should have been awarded no more than five years before making the application.

So unless you claim that (all) your income in the 12 months was in the UK, you cannot claim points for UK experience.

My two cents on why you cannot use uplift ratio:
Imagine an individual based in UK whose work entails that he travels to India for 15 days in a month. Can this individual claim that he earned salary in India for 6 months (because he was physically present in India every 15 days in a month) and thus be allowed to apply uplift factor to that portion of his salary?
Remember, UKBA calculates salary on calendar month basis - you cannot claim to earn two different salaries in a given month by virtue of being physically present at two different locations in one given month!

Alternatively, what will be the plight on India based employee travelling to UK every 15 days of a month! Applying the rules the way you wish to apply, the pour soul will not be able to use uplift factor for half of his salary!!


regards

[Vrajdham]

Thanks for reply
On proportionate salary in one month from 2 locations your view seems very logical
However can I claim uplift for other 2 calendar months(May and June 09) for which I worked from India? Pls confirm.

With regard to UK Experience Points my view seems to defer on 2 counts.
I may be wrong as my case is still not submitted but would like to mention my analysis and findings for the benefit of all.

1) Just searched this link – though of old date, hope nothing changed in this... http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary
Last FAQ question similar to case.

2) 144. An applicant can claim a maximum of five points if he/she has either:
• successfully scored points for previous earnings and those earnings were made in the United Kingdom; or
• undertaken a period of full-time study in the United Kingdom, of at least one full academic year, and been awarded a qualification at bachelor’s degree level or above. The qualification should have been awarded no more than five years before making the application.

Breaking policy statement in 2 parts
A) successfully scored points for previous earnings
successfully score points for previous earnings - minimum requirement is 16K GBP only in previous earnings requirement
B) and those earnings were made in the United Kingdom
Those earning must be earned in UK. It is with respect to earning in UK.

[geriatrix]

With regard to UK Experience Points my view seems to defer on 2 counts.
I may be wrong as my case is still not submitted but would like to mention my analysis and findings for the benefit of all.

1) Just searched this link – though of old date, hope nothing changed in this... http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary
Last FAQ question similar to case.

Unfortunately, the link you have provided above is for "HSMP caseworker guidance notes". HSMP scheme closed on 29 Jun 2008!

You are applying for Tier 1 (General) ... and not HSMP.


regards

[Vrajdham]

sushdmehta and other friends,

Regarding Past Experience as mentioned above they only expect UK earning above 16K even though it is not from continuous 12 months period for which we claimed previous earnings. They gave me 5 points. though my UK earnings was for only 9 months as 9 months earnings were above 20K. so as per new rules one can claim UK experience points if previous earnings from UK are more than 25K, it is not necessary that all 12 months experience has to be from UK.

Thanks for helping on my case. Tier 1 approved

[Vrajdham]

Sorry for reconfirmation. Please answer to below queries
Friends’ sincere thanks for your help

Facts:
Applying for Tier 1 from UK. Period of earnings claiming are from Jan to Dec 09. Applying by Feb 10(last week)
Earning Period, Country, Currency, total months
1) Jan 09 to April 09 – from UK – GBP, INR – 4 months
2) May 09 to June 09 – from India – INR – 2 Months
3) July 09 to Dec 09 – from UK – GBP,INR – 4 Months

Total GBP earnings more than 16 K in this period

Queries:
1) Can I claim uplift for May 09 to June 09? "Answers based on Tier 1 approved in my case - Yes"
2) Can I claim UK experience as my GBP earning more than 16K ? "Yes"
3) If we claim more points than their assessment but even after their assessment they determine 75 points. Will they reject application as I claimed higher points than that of their assessment or they will accept it with fact that it is still achieving 75 points ?

"They will assess actual points earned and will still grant Tier 1 if earned points are 75 or more, irrespective of what we claimed"

1. Do no understand wat do u mean by uplift.
2. U can claim UK experience.
3. U earn points according to the table as per the guidence.