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Can not find the answer! compicated situation

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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mahdi
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Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Can not find the answer! compicated situation

Post by mahdi » Wed Dec 09, 2009 11:50 pm

Hi Guys,

First I want to say this is my first post and I am very happy to see this kind of help. I have been working for a company in the UK. Now I am based in my country but my salary is paid to my UK bank account. will the Home Office multiply my total salary by 2.3 because I am working from my country or will not because the earnings were made to my UK account?

This is from the Home Office guidance about previous earnings

"To reflect differences in income levels across the world, the income level required to score points varies depending on where you were working at the time you earned the money. We use a series of calculations (known as uplift ratios) to bring overseas salaries in line with your United Kingdom equivalents. The level of uplift we give depends on the average income in the country in which the earnings were made."

ChetanOjha
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Re: Can not find the answer! compicated situation

Post by ChetanOjha » Thu Dec 10, 2009 9:31 am

mahdi wrote:Hi Guys,

First I want to say this is my first post and I am very happy to see this kind of help. I have been working for a company in the UK. Now I am based in my country but my salary is paid to my UK bank account. will the Home Office multiply my total salary by 2.3 because I am working from my country or will not because the earnings were made to my UK account?

This is from the Home Office guidance about previous earnings

"To reflect differences in income levels across the world, the income level required to score points varies depending on where you were working at the time you earned the money. We use a series of calculations (known as uplift ratios) to bring overseas salaries in line with your United Kingdom equivalents. The level of uplift we give depends on the average income in the country in which the earnings were made."
You are earning in UK since you are paid in UK. There will not be any multiplication factor.

tvn_ramesh
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Location: Sussex

Post by tvn_ramesh » Thu Dec 10, 2009 10:17 am

Do you get proper payslips from UK employer in UK payslip format?? This is to provide evidence from 2sources and to match your money in/with UK Bank/Bankstatements??

mahdi
Junior Member
Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 11:33 am

But home come I am earning in the UK while I am not working in the UK? and yes I do have payslips from the employer.

if you read this sentence

"the income level required to score points varies depending on where you were working at the time you earned the money"

It clearly associates the muliply factor with the place where you are working not where your bank account is?

I pay Tax and NI as well but I do not have work permit hence I am in my country.

ThirdWorldTraveller
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Post by ThirdWorldTraveller » Thu Dec 10, 2009 1:17 pm

mahdi wrote: I pay Tax and NI as well but I do not have work permit hence I am in my country.
I found this very surprising. Is it a UK bank account or a Isle of man/Jersey/Channel Island bank account in pound sterling?
Third World Traveller

mahdi
Junior Member
Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 1:20 pm

It is a UK bank account.

The reason why I am back work from my country is that my PSW was declined because of funds.

I am at the moment working for the same company as usual and my salary is paid to my UK account but I am not in the UK.

That is why I do not know if they classify me as based in the UK or not.

ChetanOjha
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Post by ChetanOjha » Thu Dec 10, 2009 1:29 pm

mahdi wrote:It is a UK bank account.

The reason why I am back work from my country is that my PSW was declined because of funds.

I am at the moment working for the same company as usual and my salary is paid to my UK account but I am not in the UK.

That is why I do not know if they classify me as based in the UK or not.
You cannot be employed by your company if you do not have valid UK work permit.

mahdi
Junior Member
Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 1:31 pm

exactly

but I am working from my country which means I do not need a UK work permit?

ChetanOjha
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Post by ChetanOjha » Thu Dec 10, 2009 1:36 pm

mahdi wrote:exactly

but I am working from my country which means I do not need a UK work permit?
I think that would be illegal as well. It can be seen as money laundering. Wait for other people to reply as well.

mahdi
Junior Member
Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 1:38 pm

you have scared me ?

why it is illegal and money laundering????

tvn_ramesh
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Post by tvn_ramesh » Thu Dec 10, 2009 1:42 pm

Company paying TAX and NI means it is showing that there is a person working for XX post in ur company..

But actually that XX post is occupied by a person who do not have any proper VALID Visa.. which is contray to paying Tax and NI..

which i think is illegal.. this is just my view..

mahdi
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Post by mahdi » Thu Dec 10, 2009 1:45 pm

so what should I do now?

should I claim my tax back ? and they stopped paying the NI?

ThirdWorldTraveller
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Location: Kings Langley

Post by ThirdWorldTraveller » Thu Dec 10, 2009 1:54 pm

mahdi wrote:so what should I do now?

should I claim my tax back ? and they stopped paying the NI?
Very complicated. If I were you, I would run to an immigration Lawyer, and seconded that with a Tax consultant.
Third World Traveller

ChetanOjha
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Post by ChetanOjha » Thu Dec 10, 2009 2:04 pm

Agree with Ramesh above. That was my line of thought too.

mahdi
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Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 2:05 pm

Hello there..

I have noticed that NI is an optional choice

http://www.adviceguide.org.uk/index/you ... nefits.htm

mahdi
Junior Member
Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 2:16 pm

I have thougt that paying TAX and NI while you are abroad is optional!?

Why I am wrong?

ChetanOjha
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Location: London
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Post by ChetanOjha » Thu Dec 10, 2009 2:20 pm

mahdi wrote:Hello there..

I have noticed that NI is an optional choice

http://www.adviceguide.org.uk/index/you ... nefits.htm
How does "optional NI" support your case?. Below line is from the link you provided:

You do not have a legal right to a national insurance number, but you are legally obliged to apply for one if you start work, or if you (or your partner) claim benefit

mahdi
Junior Member
Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 2:28 pm

Well I forgot to mention as well that I have not applied for a national insurance number because my documents were at the Home Office when I started my job. I have a temporary NI.

mahdi
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Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 3:50 pm

Hi again,

I have spoken with the Tax office and they do not mind me paying of course but I am eligible to claim back the money.

I have spoken with the National Insurance and they say that I am not allowed to pay, but I am still allowed to make a refund.

My question now will that affect my chances of applying to the Tier 1 Visa?

paone
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Uplift

Post by paone » Thu Dec 10, 2009 5:43 pm

Dear All

on PSW.
age 31

switch from PSW to TIER 1 General application - 1st time application


I have earning in India as well as UK in the past 12 months...

just wanted to check the Indian earnings will be uplifted for the first Application.

I have read very clearly there will be no uplift for the the Extension TIER 1 general visa.

ChetanOjha
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Joined: Thu Dec 28, 2006 12:49 am
Location: London
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Re: Uplift

Post by ChetanOjha » Thu Dec 10, 2009 6:23 pm

Post your question in new thread.
paone wrote:Dear All

on PSW.
age 31

switch from PSW to TIER 1 General application - 1st time application


I have earning in India as well as UK in the past 12 months...

just wanted to check the Indian earnings will be uplifted for the first Application.

I have read very clearly there will be no uplift for the the Extension TIER 1 general visa.

mahdi
Junior Member
Posts: 68
Joined: Wed Dec 09, 2009 11:40 pm

Post by mahdi » Thu Dec 10, 2009 6:32 pm

so now if I stopped paying Tax in the UK and national insurance but my salary still will be paying to my UK account, will the Home Office multiply my salary?

meats
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Post by meats » Thu Dec 10, 2009 6:35 pm

mahdi wrote:so now if I stopped paying Tax in the UK and national insurance but my salary still will be paying to my UK account, will the Home Office multiply my salary?
No.

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