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Source of Income of different countries for TIER 1(not HSMP)

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

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oneITguy
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Source of Income of different countries for TIER 1(not HSMP)

Post by oneITguy » Thu Aug 07, 2008 5:42 am

Hi Experienced People,

I am planning to apply teir 1 general in Nov 2008.

I am working in India with an IT company and was posted in UK from Nov 07 to jul 08. I was earning only UK salary during this period in GBP. I am back to India office on Aug 08 and my earnings would be India salary from Aug08 in INR.

I am planning to apply Tier 1 General on the basis of above salary combination. I.e. 9 months UK salary(Nov 07 to jul08) + 3 months India Salary (Aug08 to Oct08). Both these different country’s salary I have earned from only one company by whom I have been posted to UK.

How do I show the salary in source of Income to claim points in this scenario?

I also have another part time salary apart from these salary mentioned above. How do I show that also?

Your help would be highly appreciated.
Thank you
xyz

rajesh9pl
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Post by rajesh9pl » Thu Aug 07, 2008 7:05 am

Just read Tier 1 (General) of the points-based system - policy guidance 3-4 times and you will find most of the answers.

oneITguy
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Post by oneITguy » Thu Aug 07, 2008 7:16 am

rajesh9pl wrote:Just read Tier 1 (General) of the points-based system - policy guidance 3-4 times and you will find most of the answers.
HI Rajesh,

Thank you for your reply.

I already read the guide but I could't found the approriate answer of my question: How to show two country's income earned by the same employer?
xyz

rajesh9pl
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Post by rajesh9pl » Thu Aug 07, 2008 7:52 am

Read points 114, 115 and 116.

It does not matter employer in India and UK were different or same.

Alternatively, use Point Based Calculator (PBS)

oneITguy
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Post by oneITguy » Thu Aug 07, 2008 8:45 am

rajesh9pl wrote:Read points 114, 115 and 116.

It does not matter employer in India and UK were different or same.

Alternatively, use Point Based Calculator (PBS)
Thank you Rajesh,

It seems I have to show two sepereate source even if it is the earning generated by same company because earned in different countries.

Please correct me if I am wrong.

Your reply would be highly apprciated.

Thank you.
xyz

rajesh9pl
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Post by rajesh9pl » Thu Aug 07, 2008 8:54 am

Yes.

Formula = Earnings made while working in India + Earnings made while working in UK

Earnings made while working in India = Total in INR * Currency Conversion Rate into GBP * Uplift ratio (it is 5.3 for India)

Earnings made while working in UK = Total in GBP + (Total in INR * Currency Conversion Rate into GBP)

Second time no uplift ration is used. Forget term 'same or different company'. Above formula does consider company name, does it.

oneITguy
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Post by oneITguy » Thu Aug 07, 2008 9:12 am

rajesh9pl wrote:Yes.

Formula = Earnings made while working in India + Earnings made while working in UK

Earnings made while working in India = Total in INR * Currency Conversion Rate into GBP * Uplift ratio (it is 5.3 for India)

Earnings made while working in UK = Total in GBP + (Total in INR * Currency Conversion Rate into GBP)

Second time no uplift ration is used. Forget term 'same or different company'. Above formula does consider company name, does it.
Hi Rajesh,

I am really so thankful to you for providing such a detailed explaination.

Thank you.
xyz

amittal5
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Post by amittal5 » Wed Aug 13, 2008 9:46 pm

Hi,

I am almost in the same situation as yours oneITguy...I went to UK on secondment from May 07 to May 08. I'll apply for Tier 1 visa in 1st week of October (Aug'07 to Jul'08 period).
So, 10 months income from UK salary and 2 months income from Indian salary.

As you have already concluded, it doesn't matter even if you were employed by the same company, you'll need to claim all the points separately. THOUGH I read in the policy guidance that BHC will only consider your UK income (max period one) on a prorata basis for whole year, i.e.,

if you are claiming X amount in total for 9 months UK income and Y amount for 3 months India income, then they'll ignore Y and take your annual income as follows:

X divided by 9 = Monthly Gross which will then be multiplied by 12 (pro rata basis).

If one spends equal time in both countries, i.e., 6 months each, then they'll consider the greater pro rated amount from both income bands.

Hope this would help.

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Post by geriatrix » Wed Aug 13, 2008 11:11 pm

amittal5 wrote: THOUGH I read in the policy guidance that BHC will only consider your UK income (max period one) on a prorata basis for whole year, i.e., if you are claiming X amount in total for 9 months UK income and Y amount for 3 months India income, then they'll ignore Y and take your annual income as follows: X divided by 9 = Monthly Gross which will then be multiplied by 12 (pro rata basis).

If one spends equal time in both countries, i.e., 6 months each, then they'll consider the greater pro rated amount from both income bands.


Which guidance notes did you pick this up from?? I guess you are still looking up the (old) HSMP guidance b'coz this isn't how it is done in Tier 1. And, definitely not given anywhere in the Tier 1 guidance. On the contrary, Tier 1 guidance clearly states the following:
Tier 1 policy guidance wrote:84. We will only consider actual earnings. We will never consider earnings claimed on a pro rata basis (for example when the applicant has worked part-time and tries to claim for what he/she might have earned if the work had been full-time).
regards
Life isn't fair, but you can be!

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Post by amittal5 » Thu Aug 14, 2008 8:08 am

sushdmehta wrote:
amittal5 wrote: THOUGH I read in the policy guidance that BHC will only consider your UK income (max period one) on a prorata basis for whole year, i.e., if you are claiming X amount in total for 9 months UK income and Y amount for 3 months India income, then they'll ignore Y and take your annual income as follows: X divided by 9 = Monthly Gross which will then be multiplied by 12 (pro rata basis).

If one spends equal time in both countries, i.e., 6 months each, then they'll consider the greater pro rated amount from both income bands.


Which guidance notes did you pick this up from?? I guess you are still looking up the (old) HSMP guidance b'coz this isn't how it is done in Tier 1. And, definitely not given anywhere in the Tier 1 guidance. On the contrary, Tier 1 guidance clearly states the following:
Tier 1 policy guidance wrote:84. We will only consider actual earnings. We will never consider earnings claimed on a pro rata basis (for example when the applicant has worked part-time and tries to claim for what he/she might have earned if the work had been full-time).
regards
Hi,
I guess you are right Sush. I picked up this information from UK BIA website under HSMP caseworker guidance which was last updated in January 2008.
http://www.bia.homeoffice.gov.uk/siteco ... rguidance/

But I think Caseworkers will follow the same guidance until there is a revised guidance which hasn't been done/published yet. I'll drop a mail to BHC querying the same.

Also, as per the example provided in section 84 in Tier 1 guidance quoted by you, HO won't consider the earnings on a pro-rata basis for the part-time income.

So, for now it will be safe to consider the actual earnings but also check your pro-rated earnings to make sure they atleast fall in the same category in case income is pro-rated (some Caseworker still holding a copy of the old Caseworker guidance). I'll post the reply received from BHC.

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Post by rajesh9pl » Thu Aug 14, 2008 9:26 am

Pro rata will never be done. The concept of pro rata became obsolete since the introduction of Teir1.

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Post by aspirant_sweden » Thu Aug 14, 2008 1:07 pm

rajesh9pl wrote:Pro rata will never be done. The concept of pro rata became obsolete since the introduction of Teir1.
Hi
i had similar kind of doubt only I have no income in Sweden though I am on WP I get subsitence and my tax for sweden is paid directly by the company I am working for in india.
I am getting my full indian salary.
But my doubt are as under
hi,
I am working in Sweden on WP. Here I get subsistence and in India full salary. 3 questions:
1) How do I apply from Sweden?
2) Will my indian salary be considered for points against India bandwith 5.3 as multiplier ?
3) Can I show my 3 month record of a euro card in which I get subsitence
in euros from india having fund over 2800 pound for 3 months for maintenance fund?
Any answers please post in same thread...

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Post by geriatrix » Thu Aug 14, 2008 1:22 pm

amittal5 wrote:But I think Caseworkers will follow the same guidance until there is a revised guidance which hasn't been done/published yet. I'll drop a mail to BHC querying the same.
Wake up! Caseworkers cannot follow guidance of a scheme which has been scrapped to evaluate a Tier 1 application. Unless of course, CW is evaluating an HSMP application from amongst those that are still in the pipeline.
amittal5 wrote:Also, as per the example provided in section 84 in Tier 1 guidance quoted by you, HO won't consider the earnings on a pro-rata basis for the part-time income.
An example is just an example - an illustration of a general rule! Don't expect UKBA to illustrate each and ever conceivable possibility for the intended target audience of the policy guidance!

Do check with UKBA / BHC so that there is no room for confusion.

regards
Life isn't fair, but you can be!

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Post by geriatrix » Thu Aug 14, 2008 3:27 pm

Please refrain from making duplicate posts.
aspirant_sweden wrote:1) How do I apply from Sweden?
If you are in Sweden on a WP / resident permit, then apply through Worldbridge
aspirant_sweden wrote:2) Will my indian salary be considered for points against India bandwith 5.3 as multiplier ?
Your salary (Indian salary) can be considered ... but *without* the uplift factor for India. Since you are working in Sweden, you have to use Sweden as your country of earnings (even for any salary credited in India). Apply uplift factor (if any) for Sweden.
aspirant_sweden wrote:3) Can I show my 3 month record of a euro card in which I get subsitence in euros from india having fund over 2800 pound for 3 months for maintenance fund?
Only bank accounts or accounts with a FSA regulated financial institution can be used.

Read the Tier 1 policy guidance *carefully*. And searching the board for information / answers already available will save time.

regards
Life isn't fair, but you can be!

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Post by aspirant_sweden » Fri Aug 15, 2008 9:21 am

sushdmehta wrote:
amittal5 wrote:But I think Caseworkers will follow the same guidance until there is a revised guidance which hasn't been done/published yet. I'll drop a mail to BHC querying the same.
Wake up! Caseworkers cannot follow guidance of a scheme which has been scrapped to evaluate a Tier 1 application. Unless of course, CW is evaluating an HSMP application from amongst those that are still in the pipeline.
amittal5 wrote:Also, as per the example provided in section 84 in Tier 1 guidance quoted by you, HO won't consider the earnings on a pro-rata basis for the part-time income.
An example is just an example - an illustration of a general rule! Don't expect UKBA to illustrate each and ever conceivable possibility for the intended target audience of the policy guidance!

Do check with UKBA / BHC so that there is no room for confusion.

regards
Hi,
i dont think any of my queries got answered.
I have read the guidance but still case remains I have a valid WP for
2 countries Norway and Sweden on my passport.
I am applying in Sweden showing earnings in India and maintenance fund in India. Those who have read through the guidance can propose me
how to file my application or should i do it later. I have no salary in sweden however my subsistence is quite good..

gotcha
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Post by gotcha » Fri Aug 15, 2008 9:44 am

aspirant_sweden wrote: Those who have read through the guidance can propose me
how to file my application or should i do it later.
This means you haven't read the guidance. And expecting somebody to do it for you. Actually, I dont like to answer highjacked threads. Plus, Such topics are discussed numerous times on this board. And as suggested already read guidance 3-4 times. because, whatever replies you receive on this board are on personel expereinces, they may be old, not up to date, not valid in changing rules, so read updated guidance carefully, before going by replies, and blaming later.


Whatever earnings, you can produce evidences of will be considered, against band of country of resident. When I said evidences read it as salary slips, bank statements etc.

aspirant_sweden
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Read Rules no example given- my case very different. Pl resp

Post by aspirant_sweden » Sat Nov 29, 2008 12:40 pm

Hi there,
I posted my question separately but was asked to consider a tread already there. This thread no where is same as my current situation.So wrote in the same thread. No intent of offending anyone in anyway.

I have read guidance many times. Some points are supportive some not.
Please note my situation carefully and just answer me what you think am I eligible to apply from Sweden (Yes or No)?

1) Employee of Indian company with Salary in India regularly for any period I am not in India (INDIAN CITIZEN TOO).
2) IT professional sent to Norway on WP. No salary but subsistence in Norway. Tax etc for Norway taken care by Front Office of same company in Norway. Period Dec07 to March 08
3) April08 to till date (Dec08) sent on WP to sweden- No salary again same subsistence in sweden.
For period 2) and 3) Salary earned and taxable in India and period norway and Sweden subsistence good, tax handled bycompany directly.

Now I want to apply for Tier 1 general showing India salary with India Band from sweden. Do you think I will get it?
Now those who have read above situationproperly need reply small yes or no to my above question. If they think it is already in quidance please properly quote section and some explanation. I would want to question his or her argument on how that example qualifies me. Please dont give comments that there are threads explaining this. If so point the tread to me.
General baseless illogical answers without proper explanation showing anger only need not reply ....




gotcha wrote:
aspirant_sweden wrote: Those who have read through the guidance can propose me
how to file my application or should i do it later.
This means you haven't read the guidance. And expecting somebody to do it for you. Actually, I dont like to answer highjacked threads. Plus, Such topics are discussed numerous times on this board. And as suggested already read guidance 3-4 times. because, whatever replies you receive on this board are on personel expereinces, they may be old, not up to date, not valid in changing rules, so read updated guidance carefully, before going by replies, and blaming later.


Whatever earnings, you can produce evidences of will be considered, against band of country of resident. When I said evidences read it as salary slips, bank statements etc.

aspirant_sweden
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Reply to your reply - pl respond

Post by aspirant_sweden » Sat Nov 29, 2008 1:44 pm

Dear Sudhamehta,
For point 2:
I have a taxable salary in india INR 12,00,000 per annum for which I have salary slips and bank account statement.
Also I have a letter of Agreement when my India company sends me to same company front office overseas anywhere stating I will be paid 60euros per day (working and nonworking days both) eur 1800 per month + Housing accomodation + Transport for work. My Euro card statement gives proof of money loaded in my card regularly.
Can I show my LOA subsistence amount as sweden salary ? Also i know montly rent of my house which is 15000 sek per month, but no way to proove as my company pays directly. LOA also states they will take care of my Taxes for sweden. They are paying.
A quote from tier 1 is below:

105. If an applicant has earned monies in the UK for a period during which he/she remained overseas (eg. a company director drawing a UK salary but remaining based outside the UK) such earnings will be accepted.
Earnings we will included

Now I have earnings salary in India but I am posted elsewhere in norway sweden etc for long terms with all expenses paid, may be can say much more than that I get air tickets for self and family and holiday flybacks with family to india every 6 months.

Now is this above rule applicable for me with India salary???
Also see what is considered as salary. For which you have paid taxes if your country is not tax free country.In present case not me my company pays tax for me for overseas of which I have no other proof other that my Letter of Agreement which states this. For India I am paying my Taxes and filing my return etc. What do you suggest now. Please quote point numbers from guidance to validate what you want to say.

I know people who were having a Work Permit in UK with same company and applied tier 1 general as india salary only from UK. They have got Tier 1 visa though they were applying from UK on WP there getting subsistence. What do you say about your explanation given below????

Sumedha,
A quote from http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant

"To reflect differences in income levels across the world, countries are divided into 5 income bands and local incomes adjusted to the levels shown in the salary ranges below. First convert your salary into sterling, then multiply that figure by the multiplier allocated for your country in the bands in the table below. For example, if your money was earned in India, which is in Band D, you need to multiply your sterling equivalent salary by 5.3. Then locate the resulting figure in one of the salary ranges and read the points allocated. If, during the period, you earned a salary in more than one country you will need to repeat the process. The Self-Assessment Points Calculator will automatically make the calculation for you. You should also consult the main guidance for more information."

tHE BOLD CLEARLY SAYS i CN USE 5.3 MULTIPLIER FOR MY EARNING IN INDIA


sushdmehta wrote:Please refrain from making duplicate posts.
aspirant_sweden wrote:1) How do I apply from Sweden?
If you are in Sweden on a WP / resident permit, then apply through Worldbridge
aspirant_sweden wrote:2) Will my indian salary be considered for points against India bandwith 5.3 as multiplier ?
Your salary (Indian salary) can be considered ... but *without* the uplift factor for India. Since you are working in Sweden, you have to use Sweden as your country of earnings (even for any salary credited in India). Apply uplift factor (if any) for Sweden.
aspirant_sweden wrote:3) Can I show my 3 month record of a euro card in which I get subsitence in euros from india having fund over 2800 pound for 3 months for maintenance fund?
Only bank accounts or accounts with a FSA regulated financial institution can be used.

Read the Tier 1 policy guidance *carefully*. And searching the board for information / answers already available will save time.

regards

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