Application Information Required

[askpriyesh]

Hi

Need some help on the following.

Am currently on a Tier 2 (Intra company transfer) Visa. My home company is based in India and my visa is valid till Jan 2012.

I get my salary paid in India and my allowances into a UK bank account by my Indian Company. I do not pay taxes or NI in UK.

I wish to appear for Tier 1. If i use my India salary, i qualify for the points to apply.

I want to know, whether I can apply from UK using my indian salary as the indicator. Can i show the UK experience which has been since Aug 09 and Is it advisable to show the UK allowances.

[geriatrix]

Yes, you can use the income credited in India to claim points for income.

But you cannot apply uplift ratio / multiplier factor to income earned and credited oversees when you are / were living and working in the UK.


regards

[askpriyesh]

Can i Apply from Uk showing the Indian Salary or do i need to apply from india

[geriatrix]

Your choice.


regards

[askpriyesh]

If i am applying from Uk showing the indian salary, where do need to show the maintenance , in india or Uk.

I can be in Uk, showing Indian salary and all the other details and still apply from here. thats fantastic -- thanks for this

[geriatrix]

If i am applying from Uk showing the indian salary, where do need to show the maintenance , in india or Uk.

Anywhere in the world.


regards

[askpriyesh]

So though I show my Income from India, i can still show maintenance from an UK bank Account.

Wont they question where the money is coming into the UK bank Account as i get paid only allowances

[aruni4470]

So though I show my Income from India, i can still show maintenance from an UK bank Account.

Wont they question where the money is coming into the UK bank Account as i get paid only allowances

As already suggested by Sushdmehta, you can show maintenance fund from any location provided you prove that the money is in your account for the stipulated time (by a bank statement/letter etc). IMO, the UKBA is not bothered about where you got the money from, even if you borrowed money and maintained it in your bank account for 3 months, you should be fine.

[askpriyesh]

Thanks a ton for the replies.

One last thing. How do I show my UK experience if I am on Secondment. Is my Contract of Assignment which shows the start date and potential end, enough or do they need a letter for same.

[aruni4470]

Thanks a ton for the replies.

One last thing. How do I show my UK experience if I am on Secondment. Is my Contract of Assignment which shows the start date and potential end, enough or do they need a letter for same.

Reading the Policy Guidance will be helpful. Page 26 says

148. An applicant can claim a maximum of five points if he/she has either:
• successfully scored points for previous earnings and at least £25,000 of 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.

[askpriyesh]

The link you sent is for people applying from outside Uk. But thats fine as an indicator. Am planning to Apply from UK but showing my indian credentials

[aruni4470]

The link you sent is for people applying from outside Uk. But thats fine as an indicator. Am planning to Apply from UK but showing my indian credentials

The policy guidance is same for all the applicants. You might have just read only the starting which says 'IMPORTANT NOTE
THE FOLLOWING GUIDANCE ADDENDUM IS ONLY FOR PEOPLE WHO ARE OVERSEAS WHEN THEY APPLY FOR ENTRY INTO THE UNITED KINGDOM IN THE TIER 1 (GENERAL) CATEGORY.' and this note is only about the addendum. Please read the guidance carefully and you will understand.

So, it doesnt matter if you apply from UK or outside UK, you need to satisfy the requirement stated above in my previous post to claim points for UK experience.

[askpriyesh]

As i would be applying from UK, though showing my Indian salary, should I show GBP 800 + 533 for my wife or GBP 2800 + 1600 for My wife

[aruni4470]

As i would be applying from UK, though showing my Indian salary, should I show GBP 800 + 533 for my wife or GBP 2800 + 1600 for My wife

If you are in UK less than 12 months, then you should show £800+£1600 and if you are here more than 12 months, £800+£533

[askpriyesh]

I have been in UK on tier from Jan 2010 and will go for the application Feb 2010. But all I get credited is my allowance from India company to a UK Bank Account. So how do I show that I have stayed in the UK for more than 12 months. Secondly I cant show UK work Ex as my income in allowances in the UK is less than 25 K GBP.

If the above 2 points are negated, then can i still apply from within UK, showing the Indian Income and what maintenance do i ahve to show then, is it the Outside UK maintenance.

thanks

[geriatrix]

askpriyesh, if you qualify for Tier 1 without using uplift ratio on your earnings (credited in UK or elsewhere) and can provide documentary evidence(s) as specified in the policy guidance, then you may apply apply (from the UK or India, your wish).

As mentioned already, maintenance funds can be held anywhere in the world. Do not worry how UKBA will figure out whether you have stayed in the UK or not. Worry about fulfilling the qualification criteria instead.


regards

[aruni4470]

I have been in UK on tier from Jan 2010 and will go for the application Feb 2010.

Dont understand the above statement

But all I get credited is my allowance from India company to a UK Bank Account. So how do I show that I have stayed in the UK for more than 12 months.

Entry stamp on your passport.

If the above 2 points are negated, then can i still apply from within UK, showing the Indian Income and what maintenance do i ahve to show then, is it the Outside UK maintenance.

the maintenance fund you have to show doesnt depend on whether you show your Indian earnings or UK earnings. If you are in UK, you show maintenance fund what an applicant in UK shows, simple.

You cannot use uplift ratio of your Indian income when physically in UK. Have you got documents to prove your income in UK? (Payslips etc). As you say you dont pay NI, etc. It would be very difficult to qualify with your indian earnings without uplift ratio.

[askpriyesh]

Since Am in Physically in UK and will apply from UK, are you saying, I cant, since I am showing my Indian Salary and cant use the uplift ratio, because am applying from here. I dont understand this.

I want to apply from UK, showing my Indian Salary and Uplift ratio as i dont pay NI nor do i get 25K. I get a letter from my employee stating the month to month allowance credited to an Uk account, but I dont think that would be helpful.

Am confused.

[aruni4470]

Since Am in Physically in UK and will apply from UK, are you saying, I cant, since I am showing my Indian Salary and cant use the uplift ratio, because am applying from here. I dont understand this.

I want to apply from UK, showing my Indian Salary and Uplift ratio as i dont pay NI nor do i get 25K. I get a letter from my employee stating the month to month allowance credited to an Uk account, but I dont think that would be helpful.

Am confused.

You cannot use the uplift ratio for the period you were physically present in UK. No matter where you apply from.

[askpriyesh]

Just to reconfirm, since I would have been physicaaly present in the UK from Jan 2010 to jan 2011, I cant use the uplift ratio, even though I earn in Rupees and just get an allowance in the Uk to live.

Can i show the indian salary as a straight conversion plus my allowances in the UK as a combination in GBP.

[aruni4470]

Just to reconfirm, since I would have been physicaaly present in the UK from Jan 2010 to jan 2011, I cant use the uplift ratio, even though I earn in Rupees and just get an allowance in the Uk to live.

Yes, you cannot use the uplift ratio when physically present in UK

Can i show the indian salary as a straight conversion plus my allowances in the UK as a combination in GBP.

Yes, you can show a combination, with straight conversion of your Indian earnings.