TIER 2(ICT) to TIER 1<<<<URGENT>>>>

[vishnu7185]

Hi All

I am in Uk for the past one year in an ICT permit and i am getting my UK salary as well as my Indian salary for all the 12 months. If i need to be eligible i need to uplift my Indian salary.

If i convert the corresponding indian earning to GBP as per exchange rate then i wont be eligible. But if i uplift it i am. My queries

1. On an ICT WP am i eligible for an uplift?
2. Though i am physically in UK i have received my salary in INR(supported by monthly statements and salary slips)

Please reply as i want to confirm the booking with an agent for personal appearance.

[Patil]

You cannot claim the indian salary ....as u r in UK...u have claim only UK salary with uplift factor of 1.....

[vishnu7185]

Hi Patil

Thanks for the reply. Checking with Home Office after explaining them my condition, i have been told that i am eligible. This is leaving me confused as both the answerrs are conflicting..

Have you came across a scenario where it was rejected?

[gotcha]

am i eligible for an uplift?

No, you can't uplift your Indian salary. You need to convert it in GBP as it is.

[vishnu7185]

hi Gotcha

Do you know why the Homeoffice officials gave me such an info?

thanks

[outbound]

See point 132 in the policy guidance:

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.

[layman]

you definitely cannot apply uplift ratio for your Indian earnings since you were physically in the UK. You can only use the exchange rate for a simple INR to GBP conversion. There are umpteen cases on the forum where such use of uplift ratio resulted in rejection.

[ashvar123]

Guys.. there seem to be a CONFUSION WITH THE QUUESTION...

Vishnu - Let me know if this is your situation...

When you are physically in UK...the salary that gets credited to indian account is your base indian salary and you get some UK Allowance...

of which UK Allowance remain as UK Earnings and the indian salary which you get normally may be coneverted with the exchg rate (I am not sure if your indian base salary component can be uplifted)

[prisat]

Hi All

I am in Uk for the past one year in an ICT permit and i am getting my UK salary as well as my Indian salary for all the 12 months. If i need to be eligible i need to uplift my Indian salary.

If i convert the corresponding indian earning to GBP as per exchange rate then i wont be eligible. But if i uplift it i am. My queries

1. On an ICT WP am i eligible for an uplift?
2. Though i am physically in UK i have received my salary in INR(supported by monthly statements and salary slips)

Please reply as i want to confirm the booking with an agent for personal appearance.

ICT - Intra Company Transfers = Tier 2 (correction allowed if iam wrong:lol: )

Probably - he would have been paid his normal salary in India with additional payment in Per DIEM basis when he was in the UK for the whole 12 months.

for example -

each month take home is Rs. 10000
For 12 months = Rs. 120000

In addition to this, when he was in UK, he would have been provided with an allowance of 70 pounds per day (irrespective of week day or a week end)

365 * 70 = 25550 GBP

So your total gross salary for ur 12 months stands at 25550 GBP + 120000 INR.

Example explained with assumption.

Now the owner of this thread has to confirm and explain it in detail

But iam not sure if this type of payment would have been made for the entire one year. Usually for short term (3 months to 6 months), payments would be made like this where it might benefit both company and person

[vishnu7185]

Hi All

Thanks all for the explanation
@outbound: i am confused with the policy document number 132 and 133.
The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in
or
country in which payment is made, determines the income band against which we will assess the earnings.

i have income in both case.hence its really confusing.

I get my basic salary + other allowances in India AND UK allowances in UK.

@indianinwold: PLS see my split up below

Indian Earnings
Basic Salary- 9,090.00
Dearness Allowance- 1,100.00
House Rent Allowance- 5,506.00
Medical Allowance- 3,442.00
Transport Allowance- 1,376.00
Leave Travel Allowance- 3,442.00
BonusExgratia-AdvancePmt -1,936.00

UK earnings
Basic Maintenance Allowance--948.00
India Pay--382.00
Tax Free Allowance--1294.00
AMA--45.00
Health Insurance--10.08

Deductions/Pension Contributions

Indian Deduction --> -382.00
Health Insurance-->-10.08
Income tax-->-169.00


I am receiving money in India and Uk for the past 12 months in the similar manner

Gurus pls suggest

[gotcha]

I backtack from my previous post. Yes, probably you can use uplift factor to your Indian salary. Use point based calculator to calculate your points. It applied uplift factor automatically.

[vishnu7185]

Hi Gotcha

Thanks for the reply. Could you please suggest how i can confirm this? This whole doubt arised in my mind when i started filling the form becuase one of the 2nd column says ( this is the country where the work was physically undertaken)

i have filled it in the following manner do you think this is correct?



or else how do you specify the uplift in the form?

[gotcha]

Vishnu,

I re-read the guidance point 132.
Unfortunately, I think, I'm wrong again, and you cannot use uplift factor, it clearly says,

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.

So in your case you have physically undertaken work in UK, it decides your band. Rather than your nationaliry, the currency payment made in (INR) or the country in which payment is made(India).



What put my in confusion is their Points based calculator. Which gives you amount with uplift factor if used with your scenario.

[layman]

if you are in UK during the earnings period, you CANNOT apply the uplift ratio. Did you use UK as the country in the calculator?

[outbound]

Hi All

Thanks all for the explanation
@outbound: i am confused with the policy document number 132 and 133.
The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in
or
country in which payment is made, determines the income band against which we will assess the earnings.

i have income in both case.hence its really confusing.

I get my basic salary + other allowances in India AND UK allowances in UK.

Vishnu, sorry this might be bad news, but u SHOULD NOT apply uplift. Since u were working in the UK, the policy exects u to earn in UK standards. The form where u have filled India, check that up, UK needs to be filled in there since u were physically carrying out work in UK. This may sound harsh, but if u uplift, it may result in a rejection.

[pelican2016]

Hi All,

I am really in a bad position after reading this post. I don't know how I missed this post initially before applying. I already applied for tier 1 visa on July 5th and my fees got deducted both for me and my Dependant. Please find below my position regarding earnings. I applied for the period of 12 months from May 2009 to April 2010.

1.) From May 2009 to 19th Sep 2009 I was in India and then moved to UK on ICT and stayed upto 19th January 2010. Went Back to india and came back now again on ICT on 23rd May 2010.
2) The mistake I did is while applying I calculated everything depending on my Indian salary only and used uplift factor which came around 46K GBP. I showed payslips and Bank Statement as proof. No ever I mentioned my UK earnings
3) The second mistake which I did was I showed 3000 GBP in HSBC UK account which I saved during my assignment here in UK.

Now depending on the above condition I believe they will reject my application but I tried re calculating everything and I happen to fall in passing point even after removing the uplift factor for 4 months from my salary and include UK PERDIMS. I am getting above 40K.(first 5 months 16601 + UK,Indian without uplift 12732 + 3 months with uplift 15486 GBP).

Now my questions to experts here is as follow

1.) Can I send the additional document with cover letter to UK embassy now giving explanation and explaining the earnings with proof that I will meet the points. But getting the documents for UK amount is a bit difficult part for me now.
2) I got the reference number, money is deducted from HSBC account, can I now request to take back my application with deducting any fees.
3) Should I have to wait until the result will come and then apply for appeal providing additional documents.

Please expert this as urgent request I dont want to open new thread thats why I re posted here.

Many Thanks,
Abdul

[pelican2016]

Experts any reply to the above query please???

Thanks and Regards,
Abdul

[vikram845]

If you give a reason that you want to travel outside the country, your applicable will be discarded (not refused) and u'll get ur documents back. You can then re apply

[pelican2016]

Hi Vikram,

Thanks for the reply, but are you sure they will discard my application and return both money and passport with documents.

But on UKBA site it says they will not refund the amount or so. Also how many days will take for them to discard the application and send back to me.

I know the application is sent to Sheffield, Can I directly walkin to Sheffield office and ask to discard my application with written application and can take the documents there itself.

Many Thanks
Abdul

[layman]

Your best bet is to send additional letter with the reference number received, mentioning the revised calculations and any additional documents supporting the same. The earlier you do it, better the chances that the documents reach the caseworker before a decision is taken.

Note that the UK allowance should appear in your payslips and bank statements ie they should not be in the form of reimbursements against actuals

[pelican2016]

Thanks for the reply, The problem now I have is, I may be missing the target by 500 GBP or so not sure will give u my breakdown please suggest me.

My Actually Salary in India is 6.7 lacs as per the HR letter which I have submitted but it includes pf,gratuity,food coupons,medical reimbursement and variable pay.

As per the pay slip for the whole year I received 6.1 lacs + 26000 food coupons(no proof) + 15000 Medical Reimbursement(Mentioned in form 16 + bank statement). So if i go with the proofs I can show upto 6.25 lacs. Now when we take the breakup.

From May - Sep 19th + jan 19th - Aprl 30 = 33224 GBP
Sep 19 - jan 19th Indian pay without uplift = 2731 GBP
UK Allowances = 4270

So total I am getting 40225 GBP. Now I have requested HR letter for the above 4270 GBP and Bank statements reflect the same amount with my Company Name. I hope these proofs are enough for claiming the points.

I cant give the pay slips for allowances as they are not reflecting the amount which is actually paid to me and I don't want to argue with my HR at this point for the same. Do I need any further proof to be submitted. Also confirm whether I can claim medical reimbursement as well as food coupons by any way.

Many Thanks
Abdul