Need help for Tier-1 General Migrant Visa Application

[suryaatimg]

In May 2009, my company has sent me to UK on a valid Tier-2 (Intra Company Transfer) Visa to work for one of our group companies there. I worked there till October 2009 ( for 6 months). I used to draw regular monthly salary from my UK company for this period of six months. During the same period of six months (i.e., from May 2009 to Oct 2009), I also used to draw Basic Salary from my Indian company. After returning back from UK to India, I am earnings my regular monthly salary in India only.

Currently, I am planning to apply for entry clearance under Tier-1 (General) Migrant visa. With regard to my above situation, I would request you to kindly clarify my below query.

1. For the requirement of Previous earnings, Can I consider both my Indian earnings and UK earnings together? That is, by applying the multiplier specified for India (Band-D) after converting my Indian earnings to GBP. And, adding resultant amount to my UK earnings.

i.e., as follows...
UK equivalent Indian Earnings = ( "Actual Indian Earnings for the last 12 months" / "Rupees-Pound exchange rate" ) * 5.3

Total Previous Earnings = UK equivalent Indian Earnings + Actual UK earnings (during May 2009 to Oct 2009)

Thanks in advance...

[pkumar]

You cannot use uplift ratio on indian salary for the period you were physically in UK (i think it's 6 months in your case). PLEASE search as there is already LOTS of thread regarding this topic.

[suryaatimg]

Thank you for your help...

Relating to the above question I need one more clarification. Request you to kindly suggest the correct way of calculation.

As said earlier in my previous posting....

I worked in UK from May 2009 to October 2009 ( for 6 months). I used to draw regular monthly salary from my UK company for this period of six months. During the same period of six months (i.e., from May 2009 to Oct 2009), I also used to draw Basic Salary from my Indian company. After returning back from UK to India, I am earnings my regular monthly salary in India only.

From the above, I want to claim points for my previous earning for the period of May 2009 to April 2010.

My question here is that, while converting the Indian earnings (INR) which I have earned during May 2009 to October 2009 in to UK pounds (GBP), which day's exchange rate (http://www.oanda.com/currency/converter/) should I apply? Should I apply the exchange rate as on 31 October 2009? Or can I apply the exchange rate as shown on the last day of my claiming period i.e., 30 April 2010.

Request you to please clarify this for me.

[suryaatimg]

Can any one please suggest me the correct way of calculation for my above situation. I am a bit concerned about the below point mentioned in the Policy Gidance document.

128. Earnings made overseas must be converted into pounds sterling so that we can assess them. The official exchange rate we use is the one produced by OANDA.

129. An applicant should use the closing exchange rate on the OANDA website at www.oanda.com/currency/classic-converter on the last day of the period for which he/she has claimed earnings in that currency. This is an independent website, for which we are not responsible.

130. If the applicant’s overseas earnings fall either side of a period of maternity or adoption-related absence, we will calculate earnings using the closing exchange rate for the last day of each period of earnings claimed.

Accoring to the point 128, I think I can apply the the exchange rate as on 30 April 2010 for my whole 12 months Indian earnings irrespective of my living in UK. But, I am having a small doubt about the point 130 regarding the maternity or adoption-related absence.

Does, this rule apply in my above case also? Can any one please eloborate the above rules for currency conversion and clarify?

Because, my previous earnings are just above the GBP 35,000/- mark. I am very much worried about that.

Thanks in Advance,
Surya

[suryaatimg]

Dear Gurus,

Can you please advice me the correct way of calculation...

Regards,
Surya

[crowbar6]

Dear Gurus,

Can you please advice me the correct way of calculation...

Regards,
Surya

Unfortunately you will not be able to apply uplift ratio on Indian earnings for the period you were in the UK. This case has been discussed many times and the result is always the same.

[crowbar6]

To add to this, use the rate displayed for last day of the earnings period. In this case it will be end of Apr 2010.

[suryaatimg]

Yes, I am aware of the uplift ratio rule. My question was about the exchange rate. Thanks for your suggestion.

[suryaatimg]

Relating to my above case posted by me, could anyone please clarify me and suggest me the correct way.

As said earlier, I have returned back to India from UK on 1st Nov 2009. But, I have reported to my office in India only on 5th Nov 2009 after taking leave for for 3 days (I have actually availed my onsite leaves). As a result, my payroll dept have generated two payslips for the same month of November 2009.

1. First 4 days (1st NOV to 4th NOV) - payslip with gross salary Rs. 1000.

2. Balance 26 days (5th NOV to 31 NOV) payslip with gross salary Rs. 20,000.

But, they have credited the Net salary amount after deductions as shown in each payslips together in my bank account.

My doubt here is that, since I have returned back to India on 1st Nov 2009 itself, Can I apply the uplift ratio for the whole gross salary from both the payslips (i.e., Rs. 21,000) ? Or should I apply uplift ratio for only the gross salary in my second payslip (Rs. 20,000)?

Dear Gurus,
Could you please suggest me the correct way of calculation? I couldn't find any similar case in this forum.

Thanks in Advance...

[crowbar6]

Relating to my above case posted by me, could anyone please clarify me and suggest me the correct way.

As said earlier, I have returned back to India from UK on 1st Nov 2009. But, I have reported to my office in India only on 5th Nov 2009 after taking leave for for 3 days (I have actually availed my onsite leaves). As a result, my payroll dept have generated two payslips for the same month of November 2009.

1. First 4 days (1st NOV to 4th NOV) - payslip with gross salary Rs. 1000.

2. Balance 26 days (5th NOV to 31 NOV) payslip with gross salary Rs. 20,000.

But, they have credited the Net salary amount after deductions as shown in each payslips together in my bank account.

My doubt here is that, since I have returned back to India on 1st Nov 2009 itself, Can I apply the uplift ratio for the whole gross salary from both the payslips (i.e., Rs. 21,000) ? Or should I apply uplift ratio for only the gross salary in my second payslip (Rs. 20,000)?

Dear Gurus,
Could you please suggest me the correct way of calculation? I couldn't find any similar case in this forum.

Thanks in Advance...

After reading your case above, I believe you should apply uplift ratio for the full INR 21k as you were in India for all on Nov.

[suryaatimg]

Thank you very much crowbar6 for your prompt reply.

132. 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.

As I Understand, since I am physically present in India from 1st Nov 2009, I can apply the uplift ratio to the whole Rs. 21,000/- gross salary irrespective of the payroll process which my company has followed.

Am I right? If I am right, How can I explain this situation to the Case Worker in the covering letter? Please suggest me

Apologise for putting my same question again. Because, my earnings are very little above the 35,000 GBP mark. I am very much worried about this because, it all depends on the exchange rate on the last day of my claiming period, i.e., on 31st May 2010.

Dear crowbar6 and other senior gurus,

Appreciate your help and suggestion...

Thanks in Advance...

[suryaatimg]

Can any one please re-comfirm that my understanding is correct?

[layman]

I believeyour understanding is correct. You can use entire Nov earnings and apply uplift ratio. Ans you can use the last day of the 12 months consecutive period using #128 -on the last day of the period for which he/she has claimed earnings in that currency

I have done the same in my application(ie use last day of the period for INR earnings in India and while in UK) to use the decreasing pound value to my advantage. Will let you know the outcome

[suryaatimg]

Thanks for your prompt reply.

[vmitt]

Dear gurus,

I have to apply for tier-1 in next few days as time is running short for me from earnings point of view. Here is my question which looks similar to above but is very different which makes the difference between me qualifying / disqualifying.

I am claming earnings as below (my entire 12 months period earnings are in INR)

1 st March 2009 - 2nd January 2010(physically in india , eanring in INR) : will apply uplift factor 5.3


3rd Jan - 17th feb (physically in UK but earning in INR) : without uplift factor

18th feb - 28th feb 2010 physcially in india, earning in INR : with uplift factor

My all earnings are in INR, single currency , so I am applying the exchange rate on 28 feb 2010 for entire earnings (with or without uplift factor as described above) .
If I take exchange rate on every split for e.g
from 1st mar to 2nd jan 2010 : applying exchange rate of 2nd jan 2010
3rd Jan - 17th feb : applying exchange rate on17th feb 2010
and similarly for others then I dont qualify.

Please please gurus / moderators , clarify this exchange rate issue as it is taking my sleep off and I have to apply within days as my earning case is just on border.

Many thanks in advance.

Vishal.

[suryaatimg]

Vishal,

The same question which I had asked was answered by crowbar6. You can see it, if you can browse through this same post from the begining.

As you can understand from his answer, you can apply the same currency exchange rate as on 17th feb 2010, for your whole Indian earnings of the previous 12 months.

You can read the points 128, 129, 130 under the section "Converting overseas earnings into pounds sterling (£)" in the t1-general-guidance.pdf document...

Forget about the point 130, it wouldn't apply in your case.

Dear Gurus,
Am I correct? Please correct me if I am wrong.

[layman]

Dear gurus,

I
18th feb - 28th feb 2010 physcially in india, earning in INR : with uplift factor

Why cant you include Mar 2010 and drop Mar2009? Exchange rate at march 10 end would benefit you more, isnt it? this is assuming you were in India in Mar 10