Tier 1 previous earnings not accepted by case worker

[balaiah]

Hi sushdmehta,

Thanks for your reply.Could you please clarify one more thing.
In the application form for the point L5(section 3a),Do i just have to mention country of earning is Uk not india?If so,where i have to mention the india credited salary?Do i have to mention the india salary also against uk earnings?(according to your reply to Raj_india).

Wating for your reply.

[raj_india]

Can anyone answer my Q here please....
Honestly... i have a fair idea of what went wrong with my application now

One of my friends has got tier 1 in UK based on Indian salary only.
We both are together here and have spent equal time in UK and getting Indian salary as well.
He got it in Sep 09 and has claimed for Oct-08 Till Sep 09 ( he was in Uk physically for 9 months) but sttill manages to get the visa based on indian salary.

The reason i applied (and got rejection) was since he got then i should also get. as we both are in sama boat.

My Q uestion is .. has this point of being physically present in location for claiming earning introduced after september 2009?

[linkin]

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?

Of course, but without applying uplift factor to the Indian base salary.

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).

UK, without doubt

regards

Hi Sushdmehta,

Thanks for all the valuable info.

Can one apply the Uplift Factor to salary earned in India when he / she was in UK on Business related visit (hence could not earn a salary in UK)?

[robbyuk]

Hello Raj,

I do not think that any rule got changed after September 2009. In order to understand your case properly, can you answer the following questions:

Based upon the information provided by you, you get £750 as per diems and £1200 as an allowance. So, do you get salary slips for both these components? As £1200 component is nothing but an allowance, it should not be coming as a part of your salary slip.

How did you show this £1200 component? Any idea as to how your friend showed it up? Moreover, are you a Bachelors degree holder and your friend a Masters Degree holder? Are both of your incomes almost similar?

Regards,
Robby

[robbyuk]

Hello All,

In case of Raj, I believe, based on his salary figures, his total UK based earnings are coming out to be £750+£1200=£1950 per month --> £23400 annually. He also has an Indian salary component, however, my question is whether Raj will be able to claim 5 points under UK Experience?

I am asking this question because as per the new rules, to gain 5 points for UK Experience, you need to have £25000 but Raj's UK salary is coming out to be slightly short of that.

Can his Indian salary be added to claim 5 points? If he adds his Indian salary, I am sure he'll be able to get above £25000 and hence, claim 5 points.

Regards,
Robby

[anir711]

Hi,

The salary £1950 is this gross or net? - only gross is taken into consideration. So he still might get the 5 points for UK experience.

[suryaatimg]

Check this link:

http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

Table 2 - Previous earnings
Point - 22

22. A multiplier will not be applied to overseas earnings (if any) of an applicant who has, or was last granted, leave as a Highly Skilled Migrant or Tier 1 (General) Migrant, Writer, Composer or Artist, or Self-employed Lawyer and who is applying for leave to remain.

This could be reason why your Visa Application is rejected.

Regards,
Surya

[beecharmer1800bc]

Check this link:

http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

Table 2 - Previous earnings
Point - 22

22. A multiplier will not be applied to overseas earnings (if any) of an applicant who has, or was last granted, leave as a Highly Skilled Migrant or Tier 1 (General) Migrant, Writer, Composer or Artist, or Self-employed Lawyer and who is applying for leave to remain.

This could be reason why your Visa Application is rejected.

Regards,
Surya

Your assertation is incorrect, Surya.
From what I understand from the thread, this is an initial Tier 1 application.Remember, the applicant is/was on a Tier2 so the appendix you have quoted does not apply to him.

[suryaatimg]

Yes, you are absolutly correct. I have misunderstood it.

Thanks for correcting me. This has helped understand the rules. This forum is great.

Regards,
Surya