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That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.raj_india wrote:I converted gross salary for 12 months in pound sterling and then multilied the 5.3 (which is currency uplift for India).
why? do you mean if he did not use the uplift factor that would be fine? It clearly says that you can not claim points for Indian salary because he is not in India, the case worker did not mention anything about the uplift factor...That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.
Income is income, irrespective of the place where it is earned. As long as you earn money and can prove it, you can claim points for it. The problem here is that the OP applied uplift factor to overseas earnings when he wasn't supposed to.mahdi wrote:why? do you mean if he did not use the uplift factor that would be fine? It clearly says that you can not claim points for Indian salary because he is not in India, the case worker did not mention anything about the uplift factor...That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.
did anyone who is working in UK for an Indian company and paid in to an Indian account got a Tier 1 visa?Income is income, irrespective of the place where it is earned. As long as you earn money and can prove it, you can claim points for it. The problem here is that the OP applied uplift factor to overseas earnings when he wasn't supposed to.
By your logic, majority of people working in UK for Indian /overseas companies and being paid base salary in home country will not be eligible for Tier 1! Wink
regards
Search the forum and you'll find many cases. And read the policy guidance *carefully*, specifically para(s) 126 and 129-131.mahdi wrote:did anyone who is working in UK for an Indian company and paid in to an Indian account got a Tier 1 visa?
One is always better off when one reads and follows the rules, rather than what caseworker claims. Claims can always be contested, but not following rules cannot be.mahdi wrote:Do not you think that the wording - which he case worker used- was not correct? the case worker should mention the uplift factor but there is nothing about it in the refusal reason
Read para(s) 126-131 of the policy guidance.sushdmehta wrote:That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.raj_india wrote:I converted gross salary for 12 months in pound sterling and then multilied the 5.3 (which is currency uplift for India).
regards
raj_india wrote:I am still not came out of the sadness post rejection of my tier 1 application.
I was just checking the general guidance notes from UK homeoffice website.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
and following points catch my attention:
Page 25:
130. The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in or the country in which payment is made, determines the income band against which we will assess the earnings.
Based ont he above: i agree that i can't use currency uplift multiplier 5.3
Read the second point:
131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.
-- Now being in UK, i am also getting full Indian Salary as i am still the employee of India company and i m in UK for assignment.
Please suggest if there is a contradiction in both the points as i have earnings from more than one country, can i challenge my decision.
I am very sad guys.
Heart broken
vks wrote:@ Raj,
130. The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in or the country in which payment is made, determines the income band against which we will assess the earnings.
The answer is in bold.
Your only chance is to re-apply
Where did you live and work? That is what matters. Did you work in India as well as UK for the claiming period?raj_india wrote:Thanks VKS
But dont you think that the next point contradicts the previous point
131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.
*** I have my earningd from India as well as UK. i.e; i have earnings from more than one contry.
vks wrote:@ Raj,
130. The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in or the country in which payment is made, determines the income band against which we will assess the earnings.
The answer is in bold.
Your only chance is to re-apply
Apologies for not responding to your PM any earlier.raj_india wrote: 130. The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in or the country in which payment is made, determines the income band against which we will assess the earnings.
Based ont he above: i agree that i can't use currency uplift multiplier 5.3
Read the second point:
131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.
-- Now being in UK, i am also getting full Indian Salary as i am still the employee of India company and i m in UK for assignment.
Please suggest if there is a contradiction in both the points as i have earnings from more than one country, can i challenge my decision.
Of course, but without applying uplift factor to the Indian base salary.balaiah wrote:I have worked in UK for last 12 months.
I have not worked in India during this period.
But I am getting my base salary from India and rest in the form of UK salary.
In this scenario, is it possible to claim my UK earnings as well Indian earnings?
UK, without doubtbalaiah wrote:If the answer to the above question is yes, what should I write in the PBS application form for the below point.
In the application form, section 3a, point L5 says that
COUNTRY OF EARNINGS
(This is the country where the work was physically carried out).