Uk allowance and indian salary

[UK2US]

Hi,

My friend is planning to apply for Tier 1 general visa.

He is earning around 42k per year in UK and 3lacs per year in India but he is physically located in UK.

He is getting 70points if he doesn’t consider Indian salary.

If Indian salary is consider can we use 5.3 multiplier??

[pkumar]

you cannot use multiplier on indian salary if physically in UK
you need to convery 3 lakhs directly to GBP

[kiranchinnu]

yes pkumar is true.

[cool_zero]

Hi all,

I met a lawyer today and explained my case that I was on a secondment assignment in UK for 6 months. As we all know that we cannot claim the uplift ratio if we are physically present in UK. But the what I was told was strange. The lawyer told me that it depends on how the case is being represented and they way policy is being interpreted. As per the lawyer I can claim the uplift ratio as my earnings are deposited in the Indian bank account and I only get an allowance in UK. I was also offered a no win no fee claim saying that there have been such cases in the past and wherein the candidate has been successfully granted visa.

Has anyone come across someone who has claimed something like this??

[pkumar]

can he UNDO things if you get 10 year ban for mis-representing your case? if yes, go for it.

Frankly ... i would suggest you read the guidance and if it says that you cannot then i guess you cannot.. right? We all work hard all our life ..school.. college ... work .... now you should always think hard when people come to you saying "oh ... show some part-time job to make up salary ..or ... tell UKBA you were doing this and get letter from employer ..etc"

all i want to say is LAST thing you want to do is give WRONG information.... coz ban will not only effect your opportunity in this country but any first world country in future ... everytime you go to ANY country there is always a question "have you ever been refused visa" ...

Again, if your case is genuine and if UKBA calls your employer and he gives the same information then i would say go for it .. as it is genuine ... but if guidance says you cannot then it's your call ...

[hibellala]

Hi,
I'm currently working on Workpermit and which will expire by 16th of may and planning to apply for HSW.

I have similar query as the above and if some one could help me very much appreciated.

I'm on Deputation for last 10 months from an indian company and wll get my monthly indian salry credited into my bank account in india as well as i will receive monthly allowance to my UK account.

My Question is as I'm eligible to claim my previous earnings as INDIAN SALARY + UK ALLOWANCE???

Why i'm asking is average 12 months income in UK is lesst the 25K in GBP... but i will get around 5 to 5.5 Lacs in INDIA.

So please let me know whether i can apply for HSW or not?

Thanks for your extended support!

[pkumar]

http://www.immigrationboards.com/viewto ... ght=uplift

[silversurfer]

While working in UK i.e. physicaly present in U.K. uplift ratio can not be used for the remuneration component paid in India.

You can use as follows :-

Component A : Allowance Paid in UK
Component B : Salary paid in India; Convert to GBP as per OANDA rate.

Total Earnings = A+B

DO NOT USE UPLIFT RATIO

[donvigeo]

Guys i beg to disaggre. it depends on the circumstances of the applicants, if the applicants is on PSW tier 1 and switching to Tier 1 General he is fine to apply uplift ratio.

I have confirmed this with the Home office enquiry unit and they said its appropriate. Qoute me again if am wrong

[beecharmer1800bc]

Guys i beg to disaggre. it depends on the circumstances of the applicants, if the applicants is on PSW tier 1 and switching to Tier 1 General he is fine to apply uplift ratio.

I have confirmed this with the Home office enquiry unit and they said its appropriate. Qoute me again if am wrong

The guidance notes specifically states that you can only use the upliftment ratio for wages where you 'physically' undertook the work.
You'd have to call the HO and get the name of whoever told you that incase your application gets knock back-that is if it hasn't already. Lol!

[geriatrix]

it depends on the circumstances of the applicants, if the applicants is on PSW tier 1 and switching to Tier 1 General he is fine to apply uplift ratio.

Where does it say so in the Tier 1 (General) policy guidance?

regards

[aryanmitro]

Guys,

I'm planning for a Tier 1 General from within UK and my case is very similar as I have Indian Salary and a UK Per Diem and I am on Tier 2 General. I was just going through your discussions and wanted to direct you to the point below which in Appendix A of the Immigration Rules.

-----------------------------------------------------------------------
22. A multiplier will not be applied to overseas earnings (if any) of an applicant who has, or was last granted, leave as a Highly Skilled Migrant or Tier 1

(General) Migrant, Writer, Composer or Artist, or Self-employed Lawyer and who is applying for leave to remain.
-----------------------------------------------------------------------

I am interpreting it positively that a uplift ratio is applicable for Tier 2 General (Hope the same for T1 PSW and all others except ICT) when applying from within UK and PBS calculator for overseas earnings works in the same way for applying from within and outside the UK.

And I have checked the various options in the new PBS calculator and I am sure it works fine. i.e for Within and Outside for New or Category Change application the Salary Equivalent column appears in the earnings attributes table and for the stay extension from HSMP to Tier 1 or Tier 1 to Tier the salary equivalent doesn't appear even if you have multiple earnings in and out of the UK.

Intra Company Tranfers cannot do the switch from within UK as per the policy update from 06/04/10

Extension from within UK is not same as switching migration category or new application.

You can check it for yourself. I am sure there aren't any hidden rules as these cases are pretty common.

Good Luck

AryanMitro

[geriatrix]

Don't jump the gun and get on to Appendix A before understanding the Tier 1 (General) immigration policy. Suggest that you read para 132 of the Tier 1 (General) policy guidance *carefully* .. and understand the meaning of the statement.

There are no exceptions for applicants from specific immigration categories like Tier 2 (ICT) or TIer 1 (PSW). The policy used to be and still is same for any and every applicant.


regards

[donvigeo]

Sushidmehta and. Guys please do not confuse the poster. As long as you produce evidence that you are physically present at the country of earning and time of earning it is allowed.I :e if you can produce your flights tickets to corroborate uplift ratio is allowed for psw. Read the guidance well

[silversurfer]

Guys,

Intra Company Tranfers cannot do the switch from within UK as per the policy update from 06/04/10

AryanMitro

Could you please provide a link or direct to the document where this new policy is stated.

[prishan]

Para 132 says band will depend on

-applicant has physically undertaken the work rather than nationality
-the currency payment is made in or the country in which payment is made

It depends on both of these and not just the first one.

So for earnings in foreign country the uplift ratio should be applied. Para 133 supports this point.

[Scherzenando]

[quote="silversurfer"][quote="aryanmitro"]Guys,

Intra Company Tranfers cannot do the switch from within UK as per the policy update from 06/04/10

AryanMitro[/quote]
Could you please provide a link or direct to the document where this new policy is stated.[/quote]


This is just our interpretation, please can you have look at the link below.

http://www.workpermit.com/news/2010-03- ... pril.htm#3

Section - Tier 2 visa or Work Permit Scheme Changes:

Last 2 Bullet Points (This depends on the category of the ICT)

The Tier 2 Intra-Company transfer (ICT) will have 3 categories: Established Staff, Graduate Trainee and Skilled Transfer;

If you come under the Tier 2 ICT category as a Graduate Trainee and Skilled Transfer this will only be for a limited period only and you will not be able to switch into a different immigration category.

Good Luck to You

[Scherzenando]

Para 132 says band will depend on

-applicant has physically undertaken the work rather than nationality
-the currency payment is made in or the country in which payment is made

It depends on both of these and not just the first one.

So for earnings in foreign country the uplift ratio should be applied. Para 133 supports this point.

Prishan, I had a check with AryanMitro on his earlier post and really sad to say these are just our interpretations of which only one may be true either the Uplift is there or it isn't. But the blog has been very productive and I am sure we can nail this down some time.

My interpretation on 132 is - Only the country where the physical work was undertaken decides the income band.

And on 133 - For more than 1 country - it may be like (4 Months - India, 4 Months - US and 4 Months - UK) which I definitely do not read it as a simultaneous earning in multiple countries.

Again this is just my understanding. Lets hear what the other members see.

[robbyuk]

Hello Friends,

I am quoting something which I saw from above:

"Intra Company Tranfers cannot do the switch from within UK as per the policy update from 06/04/10"

Can you please confirm if that's the case? Can't Tier 2(ICT) applicants apply for Tier1 (general) from UK?

Many thanks in advance!
Robby

[Scherzenando]

Robby,

This depends on the category of ICT.

Scherz.

[robbyuk]

Hi,

Which category is allowed to apply for Tier 1 and which not?

Actually, I am not quite sure of my category. I just know that I have a Tier 1 under Intra Company Transfer.

Please help...

Regards,
Robby