Visa rejected - Previous earnings in India while in UK

[keepsmilinyaar]

Hi,

I was refused the VISA, as I had claimed all previous earnings points based on my Indian salary while I was workin in the UK on a work permit.
This is the reason for my rejection.

[i]"You have claimed 30 points for working with ABC from March 08 to Feb 09. However I note that as you have been paid in Indian rupees, you have applied the ratio uplift to your whole earnings of INR 413408.83 received during this period. However, you spent eight of the twelve months working in the UK. We therefore do not apply the ration uplift to this period of earnings. I have calculated your earnings as follows:
In the month of March 2008, while working in India you earned INR 28756 using the ONADA rate of exchange – 0.01257 and the ration uplift your earnings for this month equals ₤ 1915. From April 2008 to December 2008 you have earned INR 313588 using the ONADA ROE – 0.01404 but not the uplift as you were working in the UK this equals ₤ 4402. And for January & February 09 you earned INR 71064, using the ONADA ROW 0.01375 and the ration uplift as you were working in India this equals ₤ 5178. Your earnings for the period = ₤ 11,495. Therefore no points have been awarded to the applicant on earnings"[/i]

To cut the long story short - Two questions:

[b]1. Are they right in not uplifting my Indian salary to the UK equivalent while I was workin in the UK?
2. If no, how best I can put my case forward as I was recievinn a UK allowance, but I had not shown this when makign the application. [/b]

Thanks.

Any help is appreciated.

[aspirant09]

hi,
sorry to hear abt ur refusal.

1. Are they right in not uplifting my Indian salary to the UK equivalent while I was workin in the UK

i think yes

2. If no, how best I can put my case forward as I was recievinn a UK allowance, but I had not shown this when makign the application. [/b]

i think u should hae shown ur UK allowance slips as well.
did u applied in UK or India? do u have masters degree?

[ukk]

Sorry to hear about your visa rejection

I have gone through all documents ,visa guidance even immigration act
but it doesnt say about this .

infact no clarification about the the rule that you have to have in India to earn uplift ratio.

they have said about extension that you cant get uplift but not for first application even self assesment calculator takes it automatically .

so i would say that u should hire good solicitor .

i have asked for uplift ration and if I dont get I will going to tribunal for that

cheers and good luck
linyaar"]Hi,

I was refused the VISA, as I had claimed all previous earnings points based on my Indian salary while I was workin in the UK on a work permit.
This is the reason for my rejection.

"You have claimed 30 points for working with ABC from March 08 to Feb 09. However I note that as you have been paid in Indian rupees, you have applied the ratio uplift to your whole earnings of INR 413408.83 received during this period. However, you spent eight of the twelve months working in the UK. We therefore do not apply the ration uplift to this period of earnings. I have calculated your earnings as follows:
In the month of March 2008, while working in India you earned INR 28756 using the ONADA rate of exchange – 0.01257 and the ration uplift your earnings for this month equals ₤ 1915. From April 2008 to December 2008 you have earned INR 313588 using the ONADA ROE – 0.01404 but not the uplift as you were working in the UK this equals ₤ 4402. And for January & February 09 you earned INR 71064, using the ONADA ROW 0.01375 and the ration uplift as you were working in India this equals ₤ 5178. Your earnings for the period = ₤ 11,495. Therefore no points have been awarded to the applicant on earnings"

To cut the long story short - Two questions:

1. Are they right in not uplifting my Indian salary to the UK equivalent while I was workin in the UK?
2. If no, how best I can put my case forward as I was recievinn a UK allowance, but I had not shown this when makign the application.

Thanks.

Any help is appreciated.[/quote]

[wptotier177]

Hi, sorry to hear about your rejection.. I recently switched from Work permit to Tier 1 and I had claimed income in both UK and India. In my income calculation, i had applied the uplift ratio for my indian salary. However, UKBA did not award me points on this basis. However, i was fortunate enough to qualify without the need for uplift.

The letter i had received from UKBA with my visa had clarified their position on this. In their view, uplift ratio is applied to neutralise the difference in cost of living across various countries. Since you are living in UK, UK cost of living applies and hence uplift ratio is not applied.

I hope this helps.

[push]

If you understand the rational behind uplift (which is clearly provided in the guidance note) you would agree that you can not apply uplift to earnings in India while you are employed here in UK.

[ukk]

If it is so then why they didnt say anything about this .they have specifically said while extension but not for first time uplift ratio.

I had a talk with one solicitor he said if there is no clear provision then person can get favour .

so ,inshort if they have not said that you must be in India to earn up lift ratio then person will get this .

so my suggestion is u must higher solicitor and not immigration consultant .
I personally had gone through all guidance , act but couldnt find that you must be in India to earn uplift ratio.

need details of solicitor please pm me

Hi,

I was refused the VISA, as I had claimed all previous earnings points based on my Indian salary while I was workin in the UK on a work permit.
This is the reason for my rejection.

"You have claimed 30 points for working with ABC from March 08 to Feb 09. However I note that as you have been paid in Indian rupees, you have applied the ratio uplift to your whole earnings of INR 413408.83 received during this period. However, you spent eight of the twelve months working in the UK. We therefore do not apply the ration uplift to this period of earnings. I have calculated your earnings as follows:
In the month of March 2008, while working in India you earned INR 28756 using the ONADA rate of exchange – 0.01257 and the ration uplift your earnings for this month equals ₤ 1915. From April 2008 to December 2008 you have earned INR 313588 using the ONADA ROE – 0.01404 but not the uplift as you were working in the UK this equals ₤ 4402. And for January & February 09 you earned INR 71064, using the ONADA ROW 0.01375 and the ration uplift as you were working in India this equals ₤ 5178. Your earnings for the period = ₤ 11,495. Therefore no points have been awarded to the applicant on earnings"

To cut the long story short - Two questions:

1. Are they right in not uplifting my Indian salary to the UK equivalent while I was workin in the UK?
2. If no, how best I can put my case forward as I was recievinn a UK allowance, but I had not shown this when makign the application.

Thanks.

Any help is appreciated.

[yasa]

if solicitor is saying he can help u then its worth trying.

[push]

If it is so then why they didn't say anything about this .they have specifically said while extension but not for first time uplift ratio.

If it is an extension application then you are in all probability working in UK. If you work outside UK the uplift ratio is applied to bring your earnings in line with what you would have earned for a similar job/role had you been working in UK. This is done with reference to the cost of living in different countries.

"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." The highlighted part clearly states that you should have made earnings in that country. Now if you are being given an allowance etc. in India while you are working in UK, the earnings are made in UK and not in India.

Hope that helps and clarifies the point.

[keepsmilinyaar]

Well, So Do I stand a chance at all?

Will getting help from a solicitor really help or will I just be ripped off in the end?

Thanks!

[push]

Well, So Do I stand a chance at all?

Will getting help from a solicitor really help or will I just be ripped off in the end?

Thanks!

i dont think the solicitors can help you now.