Tier-1 point Calculation Help

[ash_sun90]

Hi,

I have stayed in UK for approx 4 years with a gap of 6 months.I have moved back from India to UK on 23rd August 2010. I am currently on Tier-2 Inter-Company Transfer. I want to know if I am eligible for Tier-1 application.(HSMP) The main problem i am facing is on Salary point calculation. Can somebody please help?

Please find my details. I have calculated the points which totals up to 100 Point. I just want to know from experts if I am doing correctly.

My Age: 33 (10 points)
My qualification: Masters Degree (35 points)
Year of passing: 2001
My salary breakup (???? Points)
English language: 10 points

Month Indian Gross UK Gross Remark
Sep-09 14980 2263.54 Stay in UK
Oct-09 14980 2846.26 Stay in UK
Nov-09 14980 2264 Stay in UK
Dec-09 14980 2263.54 Stay in UK
Jan-10 14980 2502.5 Stay in India
Feb-10 59844 Stay in India
Mar-10 59844 Stay in India
Apr-10 75155 Stay in India
May-10 57094 Stay in India
Jun-10 59739 Stay in India
Jul-10 85087 Stay in India
Aug-10 60000 500 Stay in UK

Thanks

[aruni4470]

Are you aware that you cannot use uplift ratio for the salary in India when you are physically working in UK?

[ash_sun90]

Are you aware that you cannot use uplift ratio for the salary in India when you are physically working in UK?

Hello friend,

Thanks for the response.. no i am not aware.. can you please guide me with the link in ukba site...also can you help me calculating the point based on the information i have given

[aruni4470]

Are you aware that you cannot use uplift ratio for the salary in India when you are physically working in UK?

Hello friend,

Thanks for the response.. no i am not aware.. can you please guide me with the link in ukba site...also can you help me calculating the point based on the information i have given

I have already calculated your earnings and you are getting 25 points for your earnings and that was the reason why I asked whether you were aware that the uplift ratio cannot be used when physically present in UK. For all those months you were/are in UK, you cannot use uplift ratio for your Indian earnings.

132. 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.

http://bia.homeoffice.gov.uk/siteconten ... idance.pdf

[ash_sun90]

Are you aware that you cannot use uplift ratio for the salary in India when you are physically working in UK?

Hello friend,

Thanks for the response.. no i am not aware.. can you please guide me with the link in ukba site...also can you help me calculating the point based on the information i have given

I have already calculated your earnings and you are getting 25 points for your earnings and that was the reason why I asked whether you were aware that the uplift ratio cannot be used when physically present in UK. For all those months you were/are in UK, you cannot use uplift ratio for your Indian earnings.

132. 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.

http://bia.homeoffice.gov.uk/siteconten ... idance.pdf

Thanks I read this quote in UKBA site and this is what I have done.. Please suggest if this is correct.

Step 1 - From 01/09/2009 till 30/12/2009 i was physically present in UK
During this period is got 9637 GBP in total and 59920 INR..Both the salary I have calculated under BAND A so 9637x1= 9637 and 59920x0.01383=828.69 pounds which is equal to 828.69 as per BAND A

Step 2- From 01/01/2010 to 31/01/2010 I was physically present in India and I got 2502 GBP and which I have converted under BAND D which equals to 2502x1=2502 as per BAND D 13260 GBP.

Step 3- I was physically present in India 01/01/2010 to 31/07/2010 and got 411743 INR in total and calculated using BAND D 411743x0.01383=5694.40 GBP equal to 30180.32 GBP as per BAND D

Step-4 I am physically present in UK from 22/08/2010 and expecting such salary by end of august. 01/08/2010 to 31/08/2010

500 GBP calculated under BAND A 500x1=500 GBP
60000 INR calculated under BAND A 60000x0.01383=829.80 GBP

If i add up all the above it comes to 55236.41 which makes 35 points.

Can you please help me with Step 2,3, & 4... This is what is confusing me a lot.

Thanks

[aruni4470]

In step 2 you have converted your Indian salary to Band D is fine, but not sure if you can multiply your UK salary with 5.3. Please wait for others to reply. Have you stayed in India for the whole of Jan 2010?

When the OP is in India he got both UK salary and Indian salary for one month (JAN 2010). He is using uplift ratio to his Indian salary is fine. But, can he multiply his UK salary? Can anybody pls confirm.

[ash_sun90]

In step 2 you have converted your Indian salary to Band D is fine, but not sure if you can multiply your UK salary with 5.3. Please wait for others to reply. Have you stayed in India for the whole of Jan 2010?

When the OP is in India he got both UK salary and Indian salary for one month (JAN 2010). He is using uplift ratio to his Indian salary is fine. But, can he multiply his UK salary? Can anybody pls confirm.

Yes I was physically present in india from 1st Jan 2010..

The calculation was done automatically in UKBA site when I selected BAND D

[aruni4470]

IMO, the uplift ratios are created to bring overseas salaries in line with their United Kingdom equivalents, so, if you were paid in UK, dont think you can multiply it again (even if you were physically present in INdia). We will wait for others to confirm.

[aspirant99]

In step 2 you have converted your Indian salary to Band D is fine, but not sure if you can multiply your UK salary with 5.3. Please wait for others to reply. Have you stayed in India for the whole of Jan 2010?

When the OP is in India he got both UK salary and Indian salary for one month (JAN 2010). He is using uplift ratio to his Indian salary is fine. But, can he multiply his UK salary? Can anybody pls confirm.

Yes I was physically present in india from 1st Jan 2010..

The calculation was done automatically in UKBA site when I selected BAND D

This is interesting!!

Just a couple of assumptions:

1) I assume that the amount in GBP was your salary for the month of Jan and not a backfill amount from a previous month that was credited into your account in Jan. Is my assumption correct?

2) You work permit/visa was valid during that time when you were paid for the month of jan. It might sound an insane question/assumtion but i was going through the tier-1 guidelines and came across an example: "For example: Earnings made from United Kingdom employment will only be considered if the applicant had leave to enter or remain in the United Kingdom at the time they were earned, and in a category which permitted the applicant to take that employment."

If both of the above assumptions are correct then theoretically i think you can apply uplift factors.

But as aruni pointed out logically it does not make sense as the whole idea of using uplift factor is to uplift earnings from overseas(outside UK) to bring it at par with UK earnings...

[ash_sun90]

In step 2 you have converted your Indian salary to Band D is fine, but not sure if you can multiply your UK salary with 5.3. Please wait for others to reply. Have you stayed in India for the whole of Jan 2010?

When the OP is in India he got both UK salary and Indian salary for one month (JAN 2010). He is using uplift ratio to his Indian salary is fine. But, can he multiply his UK salary? Can anybody pls confirm.

Yes I was physically present in india from 1st Jan 2010..

The calculation was done automatically in UKBA site when I selected BAND D

This is interesting!!

Just a couple of assumptions:

1) I assume that the amount in GBP was your salary for the month of Jan and not a backfill amount from a previous month that was credited into your account in Jan. Is my assumption correct?


2) You work permit/visa was valid during that time when you were paid for the month of jan. It might sound an insane question/assumtion but i was going through the tier-1 guidelines and came across an example: "For example: Earnings made from United Kingdom employment will only be considered if the applicant had leave to enter or remain in the United Kingdom at the time they were earned, and in a category which permitted the applicant to take that employment."

If both of the above assumptions are correct then theoretically i think you can apply uplift factors.

But as aruni pointed out logically it does not make sense as the whole idea of using uplift factor is to uplift earnings from overseas(outside UK) to bring it at par with UK earnings...

My VISA was valid till 31st Dec 2009. I travelled back on 29th Dec 09. I had few on-site leave which I took it in India (for a month).

[aspirant99]

In step 2 you have converted your Indian salary to Band D is fine, but not sure if you can multiply your UK salary with 5.3. Please wait for others to reply. Have you stayed in India for the whole of Jan 2010?

When the OP is in India he got both UK salary and Indian salary for one month (JAN 2010). He is using uplift ratio to his Indian salary is fine. But, can he multiply his UK salary? Can anybody pls confirm.

Yes I was physically present in india from 1st Jan 2010..

The calculation was done automatically in UKBA site when I selected BAND D

This is interesting!!

Just a couple of assumptions:

1) I assume that the amount in GBP was your salary for the month of Jan and not a backfill amount from a previous month that was credited into your account in Jan. Is my assumption correct?


2) You work permit/visa was valid during that time when you were paid for the month of jan. It might sound an insane question/assumtion but i was going through the tier-1 guidelines and came across an example: "For example: Earnings made from United Kingdom employment will only be considered if the applicant had leave to enter or remain in the United Kingdom at the time they were earned, and in a category which permitted the applicant to take that employment."

If both of the above assumptions are correct then theoretically i think you can apply uplift factors.

But as aruni pointed out logically it does not make sense as the whole idea of using uplift factor is to uplift earnings from overseas(outside UK) to bring it at par with UK earnings...

My VISA was valid till 31st Dec 2009. I travelled back on 29th Dec 09. I had few on-site leave which I took it in India (for a month).

So the money that you earned in GBP in Jan-was it a backfill from a previous month that was credited in your account in Jan?..If it was then ofcourse your payslips will reflect the salary for that month and since you were in Uk at that time then you would not be able to use the uplift factor...

[ash_sun90]

Yes I was physically present in india from 1st Jan 2010..

The calculation was done automatically in UKBA site when I selected BAND D

This is interesting!!

Just a couple of assumptions:

1) I assume that the amount in GBP was your salary for the month of Jan and not a backfill amount from a previous month that was credited into your account in Jan. Is my assumption correct?


2) You work permit/visa was valid during that time when you were paid for the month of jan. It might sound an insane question/assumtion but i was going through the tier-1 guidelines and came across an example: "For example: Earnings made from United Kingdom employment will only be considered if the applicant had leave to enter or remain in the United Kingdom at the time they were earned, and in a category which permitted the applicant to take that employment."

If both of the above assumptions are correct then theoretically i think you can apply uplift factors.

But as aruni pointed out logically it does not make sense as the whole idea of using uplift factor is to uplift earnings from overseas(outside UK) to bring it at par with UK earnings...

My VISA was valid till 31st Dec 2009. I travelled back on 29th Dec 09. I had few on-site leave which I took it in India (for a month).

So the money that you earned in GBP in Jan-was it a backfill from a previous month that was credited in your account in Jan?..If it was then ofcourse your payslips will reflect the salary for that month and since you were in Uk at that time then you would not be able to use the uplift factor...

The dec salary slip doesn't show any such payment... This mentioned in Jan payslip which I got when I was in India. But the advance money for Jan was credit to my account in Dec so I think u r right..

[aspirant99]

This is interesting!!

Just a couple of assumptions:

1) I assume that the amount in GBP was your salary for the month of Jan and not a backfill amount from a previous month that was credited into your account in Jan. Is my assumption correct?


2) You work permit/visa was valid during that time when you were paid for the month of jan. It might sound an insane question/assumtion but i was going through the tier-1 guidelines and came across an example: "For example: Earnings made from United Kingdom employment will only be considered if the applicant had leave to enter or remain in the United Kingdom at the time they were earned, and in a category which permitted the applicant to take that employment."

If both of the above assumptions are correct then theoretically i think you can apply uplift factors.

But as aruni pointed out logically it does not make sense as the whole idea of using uplift factor is to uplift earnings from overseas(outside UK) to bring it at par with UK earnings...

My VISA was valid till 31st Dec 2009. I travelled back on 29th Dec 09. I had few on-site leave which I took it in India (for a month).

So the money that you earned in GBP in Jan-was it a backfill from a previous month that was credited in your account in Jan?..If it was then ofcourse your payslips will reflect the salary for that month and since you were in Uk at that time then you would not be able to use the uplift factor...

The dec salary slip doesn't show any such payment... This mentioned in Jan payslip which I got when I was in India. But the advance money for Jan was credit to my account in Dec so I think u r right..

IMO, unfortunately then you can't use the uplift factor..

Also , keep in mind not to consider any salary with or without using uplift factor if you can't prove that you have the right to work(visa/permit etc) for an employer in the UK during that period..good luck!!