Here is the answer I received from UKBA for my queries. This clarifies the question on whether we can use uplift for Indian salary when we are not working in India. Answer is we can't.
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Thank you for your email.
Each application we receive is assessed on its own merits by caseworkers who consider all the supporting evidence supplied. As such the Customer Contact Centre is unable to provide any pre-assessments of individual Tier 1 (General) applications and related criteria queries. The decision on whether certain documentation will be acceptable will only be made when the application is submitted.
We advise that applicants make full use of the guidance notes and other information available (e.g. websites) when addressing the questions on the application form in order to provide as much relevant information as they can. This will enable the assessment teams to make a prompt decision.
Further comprehensive details and guidance notes about the Tier 1 (General) category and Work Permits can be found on the Work Permits website -
www.ukba.homeoffice.gov.uk
In order to reflect differences in income levels across the world, the income level required to score points varies depending on where the applicant was working at the time the earnings were made. We use a series of uplift ratios to bring overseas salaries in line with their UK equivalents. The level of uplift received is dependent on the average level of income received in the country in which the earnings were made.
This calculation is made automatically using the Self-Assessment Tool available on our website at
http://www.ukba.homeoffice.gov.uk/pointscalculator. Please see Table 2A of Appendix A (Attributes) to the immigration rules for a list of countries and the appropriate conversion rate (
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/), it can also be found on page 33 of the guidance notes.
The country in which the applicant has been working, rather than their nationality, determines the income bands against which the earnings will be assessed.
Please note: overseas income will not be uplifted for an extension application.
An assessment will be made of an applicant’s earnings.
For applicants in salaried employment the applicant’s gross salary before tax will be assessed. This includes self-employed applicants drawing a salary from their business. If the applicant’s earnings were generated in a country with no tax system, their total earnings for the period will be considered.
Where an applicant is self-employed and has chosen to retain their profits within the business, their earnings are limited to the share of the business’ net profits to which the applicant is entitled and can only be claimed if generated during the 12 month earnings period being claimed.
Earnings will not be taken into account if the applicant was in breach of the UK’s immigration laws at the time those earnings were made.
For example: Earnings made from UK employment will only be considered if the applicant had leave to enter or remain in the UK at the time they were earned, in a category which permitted them to take up that employment.
Earnings that will be included in the assessment
Previous earnings derived from:
· salaried employment; and/or
· self employed activities.
An applicant’s total earnings from several sources of work, including salaried employment and self-employed activities, can be included in the overall total earnings claimed.
Earnings do not have to have been with a single employer.
Earnings can be considered from full-time, part-time, temporary and short-term work.
Earnings may include, but are not limited to:
· Salaries (includes full-time, part-time, bonuses);
· Earnings derived through self-employment;
· Earnings derived through business activities;
· Statutory maternity pay and contractual maternity pay;
· Allowances (such as accommodation, schooling or car allowances) which form part of an applicant’s remuneration package;
· Dividends from investments, where it is a company in which the applicant is active in the day to day management, or where the applicant receives the dividend as part of their remuneration package;
· Property rental income, where this constitutes part of the applicant’s business; and
· Payment in lieu of notice.
Unearned sources of income that will not be considered as previous earnings include:
· Allowances (such as accommodation, schooling or car allowances) which are paid as reimbursement for monies the applicant has previously outlaid;
· Dividends from investments, unless it is a company in which the applicant is active in the day to day management, or unless the applicant receives the dividend as part of their remuneration package;
· Property rental income, unless this constitutes part of the applicant’s business;
· Interest on savings;
· Funds received through inheritance;
· Monies paid to the applicant as a pension;
· Expenses where the payment constitutes a reimbursement for monies the applicant has previously outlaid;
· Statutory redundancy payment;
· Sponsorship for periods of study; or
· State benefits.
Allowances
Allowances (such as accommodation allowances, schooling allowances paid in respect of an applicant’ children) will only be included in the assessment of an applicant’s previous earnings where they form part of an applicant’s remuneration package and are not being paid as reimbursement for monies the applicant has previously outlaid.
Allowances will only be accepted as earnings where they have been declared in the applicant’s payslips.
Yours sincerely
XXXXXXXXXXX
Customer Service Advisor
Work Permits
Border and Immigration Agency
Home Office
P.O Box 3468
Sheffield
S3 8WA
Tel: 0114 207 4074
Fax: 0114 207 4000
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From: M
To: WPCustomers
Subject: Tier 1 General - Highly Skilled Migration
Dear Sir/Madam,
Kindly clarify my doubts regarding Previous Earnings.
1) If I work in UK with paid allowances and earn full salary in India, can I apply uplift ratio of 5.3 for the Indian Salary and total it with UK allowances?
2) I went to India to work from Indian office for a 2 month period. How will it impact Previous Earnings?
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