HSMP Change of Practice -Past Earnings

[Smit]

Important webpage :-

Change of Practice to Consideration of Past Earnings Where Applicants have been Seconded Overseas

[Ashwin2005]

Since this an important announcement, I feel this post may be made as sticky.

[sravi18]

Hi Caseworker,

With the new change in points calculation for past earnings, I understand the earnings in the place your post is held is considered.

Suppose, you get a situation where a person is working in Newyork and posted temporarily to South Africa. His orignal income in Newyork meets the criterion in US income band and also his allowance in South Africa meets the criteron of African income band. But as he is working in South Africa he does not get full salary in US and just a part of his complete salary (The reason being he is getting allowance in South Africa).
So, in this case

1. Can he show his income proofs for the period he worked in US only? If he worked in US for 6 months, does the earnings for 6 months suffice the criteron? For the rest of the period he can show he earnings in the secondary country?

2. If a person meets the criteron in both the countries then does it help in any way?

Please let me know this info.

Thanks.

[stanC]

I am asking the same question as well, what is the defination of seconded? Does it means temporarily transfer to another country for example 6 months to Japan OR employment is takes place differ from the country where he's employ i.e. the person is employed in the US but the employer hire him for the purpose of the branch in South Africa so he's working in South Africa but get paid in US. Please advice.

[hari15]

I am also having doubt in this section

I am seconded to a company in UK and paid allowance for past 1 year and I am getting salary in India

But neither my Indian Salary touching the threshold of India nor my UK allowance touching the threshold of UK

But my Indian Salary + UK allowance touching the Threshold in India..

so Can I claim points in income section??

I thought I couldnt, hence I already applied without claiming points in earning section. If somebody can throw light on this it will be helpful

[nivedita]

Hi there
My husband worked as a Marine Engineer..He get his salary in USD..We are planning to apply for HSMP.I would like to know in our case our earnings will be calculated on Indian based as we are citizen of India or it will calculate in USD??Please guide me.
Nivedita

[karupalli]

Please join our group to fight for justice against changes.

http://groups.yahoo.com/group/HSMP2006

[first2last4]

Just saw this in the updated HSMP Guidelines

http://www.ind.homeoffice.gov.uk/lawand ... /appendix5

Required evidence for those who have been in salaried employment
Both the following covering the full period claimed for:
*Income tax returns;
*Wage slips.

As mentioned 'full period' does this apply to Income Tax as well. If we submit the application in Jan how can we get Income tax returns till Jan as we get that in May or so.

[patiala_guy]

Has someone contacted HO to enquire about "IT Return" requirement. As already pointed out "IT Return" document for given financial year is not available until April/May. So how can one apply for HSMP during mide yr say December / Jan. Is there any alternate evidence acceptable to HO?

[paramjit2k]

they do understand this thing..so go for the exceptional evidences...like bank statements and emp certificates...

[miki]

Posted: Thu Sep 08, 2005 2:22 pm Post subject: HSMP Change of Practice -Past Earnings

--------------------------------------------------------------------------------

Important webpage :-

Change of Practice to Consideration of Past Earnings Where Applicants have been Seconded Overseas
http://www.workingintheuk.gov.uk/workin ... rant0.html
__________________________________

Is this rule still applies for new HSMP for seconded cases ???????

[naga12345]

Hi friends,

Can i claim if stay for 6 months in India and six months abroad. which
i can claim or should i finish 12 months in that case by march 07 i
will be finishing only 8 months...and my income tax returns will be
shown only for 8 months and it will not reach the stipulated amount.
so do i need to wait until next year or not required. can soem one
explain me.

regards,
Naga

[miki]

For Deputation case like working in UK from Indain company.

No income tax / NI in UK.

Just get allowance in UK.

Refer this link,

http://www.immigrationboards.com/viewtopic.php?t=13876

[applyhsmp]

Hi Miki/President,

wonder if you guys are still around?

Regards

[santosh_mtv]

Hi All,

My *Salary for June 06 - 15K
*Salary for June 07 - Increased to 35 K (After my CA) but effected only in
Aug06 Salary
*Aug06 - Nov06 - 35K
* Dec 06 onwards till date (as Annual Increase)
* Feb 07-Lumpsum Bonus Credited.

Even though i am gettting Maximum Points of 45 Points for Earnings.
I am little worried, whether my salary changed 2 times in the last 12 Months. whether i need to give any additional proof say last 15 months salary or any other proof like that..

Please help your.. Waiting for your kind reply
Cheers
Santosh

[contactbugs]

i have a quick query for past earnings issue...

1. I was in UK for a period of 2 Months from SEP-NOV and i use to get an allowance from the INDIAN Company and my INDIAN SALARY was also in the game.

2. I was working on a contract with the same company till SEP. My current salary here is 4.34 LACS....well and in my form 16, because i got permanent in SEP, the gross salary will be shown as 1,60,000 . Now for quailifying for HSMP you need to show your past earnings.

Can i include my UK allowances as well ?
Secondly can i specify my current salary as 4.34 as my past earning

[rajneesh]

hi there,
is there any chance if somebody can send me a covering letter for hsmp via.my email address is tonyprerna1996@yahoo.co.in.
many thanks
tony

[kal]

Hi friends,

Need ur expertise guidance pls.

I was working in a different country and I came to UK in 2004 on student visa and now I have completed my Masters and graduated in Jul 07. Can I produce my payslips from my employer 12 months back dated from the time I came here on student visa??? pls advice.

I am still onstudent visa. If I can apply, then I will do all my documentation and will apply for HSMP immediately.

Pls advice.

Thanks

Kal

[rajkiranrc]

Hi Caseworker,

With the new change in points calculation for past earnings, I understand the earnings in the place your post is held is considered.

Suppose, you get a situation where a person is working in Newyork and posted temporarily to South Africa. His orignal income in Newyork meets the criterion in US income band and also his allowance in South Africa meets the criteron of African income band. But as he is working in South Africa he does not get full salary in US and just a part of his complete salary (The reason being he is getting allowance in South Africa).
So, in this case

1. Can he show his income proofs for the period he worked in US only? If he worked in US for 6 months, does the earnings for 6 months suffice the criteron? For the rest of the period he can show he earnings in the secondary country?

2. If a person meets the criteron in both the countries then does it help in any way?

Please let me know this info.

Thanks.

[mkal08]

AS STATED IN HSMP GUIDANCE,VERSION 09/08/2007 ""If you have been seconded overseas during the last 15 months and your salary continues to be paid in the normal manner overseas, the country where you have been seconded to and working would normally be considered. In order for us to establish which country code to consider your earnings against you will need to provide evidence of where you have been working and where your salary has been paid for the 12-month period you wish us to consider.
We will not be able to consider any allowances paid to you unless they are declared on your pay slips. If the company you work for pay part of your income in dividends then you should provide evidence that this has been declared as earnings (see Glossary). This should be in the form of either personal tax returns or the corporate tax voucher from the company""'

[dk1]

So is this ruling no longer valid? This is not good news for those who have past earnings in a lower band country but were seconded to a higher band country. It effectively defeats the whole purpose of the country bands for earnings.

For example, if your base income and job position is held in India but you were contracted out for a period to the UK and were given a daily allowance to suppliment your income (higher cost of living in the UK, India salary by UK standards is small) and your base salary in India is unchanged, then your past earnings would get very little points if they were judged under Band A (UK). They should really be judged in the country where the position is held, tax is paid and where the money is banked, in this case, Band D.

This is discrimination really and does not use the 5 Band model correctly. It unfairly distributes rulings based on secondment countries. Looking at this situation the other way, you would be lucky in the situation where you were seconded from a Band A country to Band D country. This means a Band A country income (example £30,000 salary in the US) would get maximum points if the person happened to be seconded to a Band D country. It is not balanced and should be addressed.

The rule change mentioned in this thread should be maintained in the new HSMP rules. Has anyone contacted the Home Office regarding this issue?

[decentguy]

Hi I am an IT consultant and currently working in Amsterdam.
I have come to know about HSMP visa and after calculation i come to kow that i got 90 points. I have valid work permt to work in EU till mid of next year.

Can somebody help me when i should apply for HSMP and how much time it willl take? when HSMP will be activated when i apply for EC or from date of approval?

Also for how many years HSMP is granted ?

I have come to know about one company which help in getting HMPS but its fee is 1270 pound ....so should i look for such type of companies or i should apply individually?

Also i have exp of 2 yrs in IT . How much i can get in UK before tax and after tax?

[s_kn]

Hi,

I am applying for HSMP in November.

Alongwith my full time employment, I also undertake freelance training programmes for which I am paid a fee by various companies.

Can I claim points for my part time earning alongwith my fulltime employment payslips for the period of 12 months?

Please guide me at the earliest.

Thanks

[shakirpa2002]

HI

The following description is from the HSMP website posted on 24th OCT. But I am not finding any TEMPLATE for the same, so plz some body help on this because i am going to apply within two days.

And is there any change in the application form from "hsmp1april07.doc"

http://www.workingintheuk.gov.uk/workin ... s/Q39.html
24 October 2007

HSMP – presenting evidence for the previous earnings section

Payment summary templates for the previous earnings category are now available on the FAQ section of the website for HSMP applications. We would encourage applicants to complete the template(s) for the relevant employment categories, salaried/independent contractor/self –employed, to clearly highlight the corroborating earnings evidence provided. The template should help ensure that the supporting evidence you provide meets both the broader evidential requirements of the employment category, as requested on the application form, and that two forms of corroborating evidence to cover the full

[newone79]

Hi shakirpa2002,

You can find the template in the link http://bia.homeoffice.gov.uk/6353/11406 ... oyment.xls.

It can also be accessed from the link given in the page

Highly Skilled Migrant Programme - Frequently Asked Questions - Point 39

http://workingintheuk.gov.uk/working_in ... p_faq.html