Tier 1 previous earnings not accepted by case worker

[raj_india]

I am working in Uk since last 9 months on tier 2 intra company transfer.
The arrangement on my earnings is such that i am getting full salary in INR in india and i am getting perdiem amount during my UK assignment which is around 750 pounds + living expenses of 1200 pound in the form of utilities bill in UK.
I applied for tier 1 from UK and shown my indian salary which i am regularly earning in india for the previous earnings. I converted gross salary for 12 months in pound sterling and then multilied the 5.3 (which is currency uplift for India).
My tier 1 was refused by case worker saying that only the earnings which are earned by being physically present in the country of earning will be accepted and since i am in UK i can only claim UK earnings but not India.
Please note that i am in Uk on perdiem and still employe with india employer.

Not sure what should i do now. i guess i am correct in claiming the points.
Please advice.

[geriatrix]

I converted gross salary for 12 months in pound sterling and then multilied the 5.3 (which is currency uplift for India).

That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.

regards

[mahdi]

That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.

why? do you mean if he did not use the uplift factor that would be fine? It clearly says that you can not claim points for Indian salary because he is not in India, the case worker did not mention anything about the uplift factor...

[geriatrix]

That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.

why? do you mean if he did not use the uplift factor that would be fine? It clearly says that you can not claim points for Indian salary because he is not in India, the case worker did not mention anything about the uplift factor...

Income is income, irrespective of the place where it is earned. As long as you earn money and can prove it, you can claim points for it. The problem here is that the OP applied uplift factor to overseas earnings when he wasn't supposed to.

By your logic, majority of people working in UK for Indian /overseas companies and being paid base salary in home country will not be eligible for Tier 1!

regards

[mahdi]

Income is income, irrespective of the place where it is earned. As long as you earn money and can prove it, you can claim points for it. The problem here is that the OP applied uplift factor to overseas earnings when he wasn't supposed to.

By your logic, majority of people working in UK for Indian /overseas companies and being paid base salary in home country will not be eligible for Tier 1! Wink

regards

did anyone who is working in UK for an Indian company and paid in to an Indian account got a Tier 1 visa?

Do not you think that the wording - which he case worker used- was not correct? the case worker should mention the uplift factor but there is nothing about it in the refusal reason

[geriatrix]

did anyone who is working in UK for an Indian company and paid in to an Indian account got a Tier 1 visa?

Search the forum and you'll find many cases. And read the policy guidance *carefully*, specifically para(s) 126 and 129-131.

Do not you think that the wording - which he case worker used- was not correct? the case worker should mention the uplift factor but there is nothing about it in the refusal reason

One is always better off when one reads and follows the rules, rather than what caseworker claims. Claims can always be contested, but not following rules cannot be.

regards

[geriatrix]

I converted gross salary for 12 months in pound sterling and then multilied the 5.3 (which is currency uplift for India).

That's where you made the mistake. You cannot use uplift factor to overseas earnings when present and working in the UK.

regards

Read para(s) 126-131 of the policy guidance.

regards

[mahdi]

mehta,

I must admit you are a star:).

maybe the solution for the problem is to apply again and without the uplift factor. That should solve the problem right?

[geriatrix]

maybe the solution for the problem is to apply again and without the uplift factor. That should solve the problem right?

Sure, if the OP makes the grade without using the uplift factor.

regards

[sm007]

Hello,

when did it got rejected. i also applied the same way recently.

[mahdi]

did you use the uplift factor as well?

[sm007]

did you use the uplift factor as well?

yes i used. otherwise it's not enough for scoring eligible points

[sm007]

Raj_india , could u pls check ur Private messages. i have dropped a message for u.

[raj_india]

I am still not came out of the sadness post rejection of my tier 1 application.

I was just checking the general guidance notes from UK homeoffice website.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
and following points catch my attention:
Page 25:

130. 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.
Based ont he above: i agree that i can't use currency uplift multiplier 5.3

Read the second point:
131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.

-- Now being in UK, i am also getting full Indian Salary as i am still the employee of India company and i m in UK for assignment.

Please suggest if there is a contradiction in both the points as i have earnings from more than one country, can i challenge my decision.

I am very sad guys.
Heart broken

[raj_india]

I am looking forward to a response from some senior members.
I will be grateful.

I am still not came out of the sadness post rejection of my tier 1 application.

I was just checking the general guidance notes from UK homeoffice website.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
and following points catch my attention:
Page 25:

130. 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.
Based ont he above: i agree that i can't use currency uplift multiplier 5.3

Read the second point:
131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.

-- Now being in UK, i am also getting full Indian Salary as i am still the employee of India company and i m in UK for assignment.

Please suggest if there is a contradiction in both the points as i have earnings from more than one country, can i challenge my decision.

I am very sad guys.
Heart broken

[balaiah]

Hi,

I am also in the boat as part my salry piad in india and other part paid in UK.
Could any members please confirm that with out using uplift ratio for indain salary component , It is still valid to apply for tier 1 by converting the indian salary into GBP .

Has any one previous applied using UK salary and indian salary (with out uplift ratio) , successfully got the tier 1 visa.

Could Please some body confirm.

Thanks.

[balaiah]

Policy guidance of the point 134 says .

We will not make any uplift calculations on overseas earnings for extension applications. The applicant must clearly show on the application form which of the earnings were made in the United Kingdom and which were earned overseas. We will add the pounds sterling value of these overseas earnings to any United Kingdom earnings. We will then consider the total figure against the points-scoring table above.

What actually does it mean.
This rule only applicable for extension applications or for every body.

Could some body share thoughts on this.

[vks]

@ Raj,

130. 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.

The answer is in bold.

Your only chance is to re-apply

[raj_india]

Thanks VKS

But dont you think that the next point contradicts the previous point

131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.



*** I have my earningd from India as well as UK. i.e; i have earnings from more than one contry.

@ Raj,

130. 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.

The answer is in bold.

Your only chance is to re-apply

[balaiah]

Hi,

My case also similar to Raj and i would like to claim points for UK Salary + Indian salary (With out uplift ratio).
I am staying in UK since last 12 months.
I am getting UK salary along with Indian base salary.

I am getting the required points (75) , only after I add my Indian salary (with out uplift ration) by converting into pounds to UK salary .

Are the case workers will consider earnings from UK and India during the last 12 months ?

And also from the policy guidance , point 133 says

If, during the period for which we are . considering the applicant’s previous earnings, he/she has earned money from outside the United Kingdom, he/she can include these in the calculation to score points for earnings. The applicant should provide details of the overseas earnings, in the original currency in which they were paid. The applicant should convert these earnings into pounds sterling by using the closing exchange rate on the OANDA website for the last day of the period for which he/she has claimed earnings in that currency.


According to the point 133 , it says we can claim points for both UK salary and Indian salary.

If I am wrong pleases correct me.

Dear friends , I would appreciate if some body help me clarifying my doubts.

Thanks,.

[vks]

Thanks VKS

But dont you think that the next point contradicts the previous point

131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.



*** I have my earningd from India as well as UK. i.e; i have earnings from more than one contry.

@ Raj,

130. 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.

The answer is in bold.

Your only chance is to re-apply

Where did you live and work? That is what matters. Did you work in India as well as UK for the claiming period?

[balaiah]

Thanks,
VKS for your reply.

I have worked in UK for last 12 months.
I have not worked in India during this period.

But I am getting my base salary from India and rest in the form of UK salary.

In this scenario, is it possible to claim my UK earnings as well Indian earnings?

If the answer to the above question is yes, what should I write in the PBS application form for the below point.

In the application form, section 3a, point L5 says that
COUNTRY OF EARNINGS
(This is the country where the work was physically carried out).

I really appreciate for the reply.

Thanks,

[raj_india]

One of my friends has got tier 1 in UK based on Indian salary only.
We both are together here and have spent equal time in UK and getting Indian salary as well.
He got it in Sep 09 and has claimed for Oct-08 Till Sep 09 ( he was in Uk physically for 9 months) but sttill manages to get the visa based on indian salary.

The reason i applied (and got rejection) was since he got then i should also get. as we both are in sama boat.

My Q uestion is .. has this point of being physically present in location for claiming earning introduced after september 2009?

[geriatrix]

130. 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.
Based ont he above: i agree that i can't use currency uplift multiplier 5.3

Read the second point:
131: Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.

-- Now being in UK, i am also getting full Indian Salary as i am still the employee of India company and i m in UK for assignment.

Please suggest if there is a contradiction in both the points as i have earnings from more than one country, can i challenge my decision.

Apologies for not responding to your PM any earlier.

There is no contradiction between these 2 points. You are comparing factual explanation in the PBS policy guide with, what I terms as, "limited" functionality of PBS calculator.

Correct me if I am wrong, but the PBS calculator uses the uplift factor when you choose "India" as the country of earnings. Which is, in fact, incorrect (in your case)... since your country of actual earnings is UK. It is just that a part of these earnings (e.g. - base salary) gets credited in India (i.e.- overseas). So you are confusing country of earnings (UK) with country of salary credit (India), and choosing the country of salary credit as country of earnings!!

Hope this clarifies.

regards

[geriatrix]

I have worked in UK for last 12 months.
I have not worked in India during this period.

But I am getting my base salary from India and rest in the form of UK salary.

In this scenario, is it possible to claim my UK earnings as well Indian earnings?

Of course, but without applying uplift factor to the Indian base salary.

If the answer to the above question is yes, what should I write in the PBS application form for the below point.

In the application form, section 3a, point L5 says that
COUNTRY OF EARNINGS
(This is the country where the work was physically carried out).

UK, without doubt

regards