Past earnings query for employee seconded overseas case

[sen]

Out of the 12 months for past earnings, 7 of the months, I was working
for a company which paid my salary only in India and not in UK where I
was working.

In this case, part of my salary in india we used to transfer it to UK
account for our expenses. Indian salary was raised for this reason.

according to new regulations of HSMP, UK will be considered as my
country code. Please correct me if I'm wrong.

So, in my case, I was not getting salary or paying tax here in UK for
those 7 months.
1. Shall I count all my indian salary for past earnings, but in UK's
country code A?
2. should I count all my indian salary but in India's country code D?
3. should I count only the amount I transferred to use it in UK?

[sen]

why wont someone say something?

Moderators, please help me with this. I wrote to hsmp department too, they replied that they cannot do pre assessment for seperate cases, and every case is dealt with its own merits and demerits. pretty vague reply. But to get it assessed I will have to risk the application fee amount and more expensive than that the time to get assessed.

Only experienced HSMP holders or HSMP knowledged friends could help me with this.

In this even I have one more question, ..........when they say past 12 month's earnings.... If in case I earned 30k for 7 months and 50k for 5 months as an incountry applicant, is the consolidated {[(30000/12)*7]+[(50000/12)*5]} my annual salary or am I wrong?

please I'm desperate.

[Rex]

The calculation is correct and I think you will fall under Salary Band A.
You must count total income not only what you transferred to UK.

[Cool]

My understanding from caseworkers' notes:

1. If applicant worked in 2 countries within last 12 months: Income is calculated on the basis of the country where longest period was spent.
If time spent is 6 months in each, pro-rating will be done for each set of income and the figure that most benefits the applicant is applied.

2. If applicant was seconded to another country: Income is calculated based on that of country in which position is normally held i.e. if you were seconded to UK, your income will be scored according to India's salary band.

Therefore:
From your initial post, the first payment arrangement seems like a secondment while the second, in the absence of further information, may cautiously be interpreted as a transfer. In that situation, your salary would be calculated by prorating the 7 month salary paid at India to get a 12-month figure and scored according to India's band.

However, if your company letter shows still you're on secondment (also a possibility, despite the change in place of payment), the income for 7 + 5 months will be used for 12 months and scored against India's band.

The calculation [{[(30000/12)*7]+[(50000/12)*5]}] is not used.

Cool

[sen]

Thanks Rex and Cool!

I'm convinced that my country code will be UK as I was living in UK for a little over 1 year. out of 12 months, the first 7 months are through India company... so seconded overseas case. Next 5 months [till date] was directly with a UK company so I received salary from UK.

The company that issued my first WP issued a monthly salary statement with 0.0£ always. The sister company[my employer in india] sent us enough salary into the indian account.

My question is If the first 7 months indian salary is considered as indian or uk country code I will gain points and get HSMP. If Uk country code is considered and 0£ is considered as my salary during this period then I will lose points and time. shall I apply or not? Please suggest!

Can I please expect any reply from the experts and experienced ones?