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Previous Earning Suggestion

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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shammi
Newly Registered
Posts: 28
Joined: Fri Jan 30, 2009 6:33 pm

Previous Earning Suggestion

Post by shammi » Sat Feb 07, 2009 7:12 pm

Hi there,
I have worked in UK from Jan07 to Dec08 on a project for my Indian employer. During this period I was getting my usual Indian salary in India and was getting monthly allowances in Uk. While calculating the points my Indian Salary converts into some GBP equivalent which just makes my points 75. I ve my attested Uk allowance payslips till Oct08 and one year UK bank statements. And going by the rule of previous 15 months, I would be able to show UK slips for 10 months Jan08 to Oct08. Can anyone suggest me should I use my UK slips at all and go in with 95 points or should I better keep my case simple by just using Indian salary slips annd apply with 75 points. Any suggestions are most welcome.
Cheers
Shammi

z00ps00p
Junior Member
Posts: 54
Joined: Fri Aug 08, 2008 12:06 am
Location: Blighty
Contact:
United Kingdom

Re: Previous Earning Suggestion

Post by z00ps00p » Sun Feb 08, 2009 1:12 pm

shammi wrote:Hi there,
I have worked in UK from Jan07 to Dec08 on a project for my Indian employer. During this period I was getting my usual Indian salary in India and was getting monthly allowances in Uk. While calculating the points my Indian Salary converts into some GBP equivalent which just makes my points 75. I ve my attested Uk allowance payslips till Oct08 and one year UK bank statements. And going by the rule of previous 15 months, I would be able to show UK slips for 10 months Jan08 to Oct08. Can anyone suggest me should I use my UK slips at all and go in with 95 points or should I better keep my case simple by just using Indian salary slips annd apply with 75 points. Any suggestions are most welcome.
Cheers
Shammi
Use all the payslips that have been attested, both Indian and UK. Those that have been paid to your Indian salary account will not be adjusted as per the Indian multiplier, and what you were paid in the UK will be added to this unadjusted value.

Basically, use the Points-Based System points calculator on the UKBA web site to determine how many points to claim.

I don't think you really have the choice of claiming just the Indian income as if it were earned in India, since you were actually working in the UK when it was earned, even if it was paid into an Indian bank account. As per the Tier 1 rules, this income will be considered to have been earned in the UK.

The rules for the old HSMP system were somewhat similar. If you were seconded abroad, your total income would be judged by the country of secondment. Unfortunately the Tier 1 (General) policy document isn't nearly as clear on this matter as the HSMP guidance documents were (carrying specific rules on secondment), although a careful reading of the Tier 1 (General) policy guidelines reveals that you indeed need to judge your total income by the country where you were working.

shammi
Newly Registered
Posts: 28
Joined: Fri Jan 30, 2009 6:33 pm

Post by shammi » Mon Feb 09, 2009 4:54 pm

Hi z00ps00p,
I understand what you have mentioned above but still Could you please point me to any document/rules where this is written.

Cheers
Shammi

shammi
Newly Registered
Posts: 28
Joined: Fri Jan 30, 2009 6:33 pm

Senior Members/Gurus please advise this Newbie

Post by shammi » Mon Feb 09, 2009 6:05 pm

I could get following 2 rules about overseas earnings and although your views also seem to fit into them but as you have mentioned they are not very clear and can be interpretted as I have done below

115. The country in which the applicant has been
working, rather than his/her nationality, determines
the income bands against which we will assess the
earnings.


My interpretation: If I am an Indian and I earn USD in USA then this earning would be considered as my USA earning and would not be converted to INR ( because I am an Indian,i.e. my nationality as talked about in above rule ) and then adjusted as if I have earned in INR. Similarly the GBP that I earned in UK would not be converted to INR and then applied with uplift factor. But the salary that originated in India and posted to me in India itself even though I was in UK at that time, I think is liable to be uplifted.

116. 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.


My Interpretation: As mentioned above, each salary made in different country would be considered for uplift based on each individual country irrespective of where the earner was.

Some Guru or expert on this matter please correct me if I am wrong or corrobrate me if I am right.

Cheers
Shammi [/b]

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