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(India Employment+UK deputation) VS (UK Employment)

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

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

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MVaibhav
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(India Employment+UK deputation) VS (UK Employment)

Post by MVaibhav » Tue May 26, 2009 9:26 am

Hello,

thanks a lot to the guys for helping me on my other queries regarding the tier-1. I have got another dilemma right now, seeking some advise from you guys.

I am currently working for an Indian IT company and have been in UK for past 3.5 years on WP. My current project has got scrapped and my company wants me to go back to India. Assuming that I will receive my tier-1 next week, I am actively looking for UK assignments and I have been lucky in the sense that I have got an offer now from another IT company.

However, the company is giving me an option to join them in UK as a UK employee or join them as an Indian employee and travel to UK. As a UK employee I will be entitled for a UK salary. As an Indian employee I will be entitle for basic salary paid in India and an allowance (tax free) in UK.

Assuming that the combination of Basic Salary in India+allownace (net take home salary) in UK is somewhat 15% more than the after tax salary (net take home) if I join as UK employee. I think, Indian employment is some what more safer in terms of job security in current economic situation, so I am a bit inclined towards that right now.

Company seems to be more interested in taking me as an Indian Employee as it may make it easier for them to ask me to go back to India, if there are cost reductions in the project, which is a possibility in current economic situation....

I have not been able to decide yet on the option and have to respond to them as soon as I get my tier-1 papers. Could you guys please help me in exploring the pros and cons of the two options. my mind is completly shut right now and I am not able to decide on which is a better option.

As of now, I have not yet decided that I will be looking for ILR/citizenship in UK, however, would appreciate if I also know there is an impact of the status of ILR/PR application due to one of these options ?

Please help.

Regards
Vaibhav

ChetanOjha
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Location: London

Post by ChetanOjha » Tue May 26, 2009 1:47 pm

You can go with 15% higher option i.e. Indian Employment option. But make sure you are not asked to work on company's WP as that will overwrite you tier 1.
Company will take care of all taxes etc. But also inquire about the taxes in India(since you will be paid in India too). Besides after two years will you qualify for extension by using your new company's payslips etc.? You have to consider that too otherwise you will back to square one after your current Tier 1 expire.

MVaibhav
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Posts: 24
Joined: Thu Apr 16, 2009 2:33 pm

Post by MVaibhav » Tue May 26, 2009 4:03 pm

the employer is fine with me working on Tier-1 and they will not file my WP. Taxes is india is ok.. that I have already included in my calculation for net take home.

regarding the extension application, the company gives a payslip in UK, that shows the allowance being paid in UK and this is backed up by the bank statement. So I guess that should not be much of an issue.

However, do you have any clue if I will be able to add my India salary as well in the earning calculations, if I need that to meet the points criteria while extension ?

wp2tier1
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Post by wp2tier1 » Tue May 26, 2009 7:45 pm

It purely depends on your intentions about your future.

1.If you are thinking about ILR etc. go for UK employment.

2.If you are not at all inclined on ILR or are more inclined on returning home after earning for some time then go for other option.

Good luck!

http://immigrationadviceandassistance.blogspot.com/

SKUK
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Joined: Sun Dec 16, 2007 3:59 pm

Post by SKUK » Tue May 26, 2009 11:37 pm

However, do you have any clue if I will be able to add my India salary as well in the earning calculations, if I need that to meet the points criteria while extension ?
Yes you can but you can't apply uplift factor to your earnings overseas.

MVaibhav
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Post by MVaibhav » Wed May 27, 2009 1:39 pm

1.If you are thinking about ILR etc. go for UK employment.
How does it make a difference to the ILR application, if I choose one of the two options ? Is there any restriction in applying for ILR if I take the Indian employment ? I thought it will not make any difference ? Could you please elaborate a bit more so that I can keep that as one of the factors ?


Yes you can but you can't apply uplift factor to your earnings overseas.
I thought the uplift factor will be applied to the portion of earnings made overseas ? :( I did not see any such clause in the form/guidelines which says that uplift factor can not be applied ? Could you please point me to the guideline for the same. :(

nksg
Senior Member
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Joined: Wed Mar 12, 2008 1:55 pm

Post by nksg » Wed May 27, 2009 2:07 pm

Hi Vaibhav,

You have already spent 3.5 years in UK on wp and T1 will give you another 3 years which means you wont have to go for another extn.. you can apply for ILR after 1.5 years (as of the rules today).

Looking at this scenerio you should be fine opting indian employement as you will be paid allowances in UK which will be sufficient for your economic activity. The only concenrn here is the time.. u mentioned that in worst case your company might send you back to India.. so thats the risk.. but it is something which is there if you take up UK employement as well in todays market.... all the best.

NK


MVaibhav wrote:
1.If you are thinking about ILR etc. go for UK employment.
How does it make a difference to the ILR application, if I choose one of the two options ? Is there any restriction in applying for ILR if I take the Indian employment ? I thought it will not make any difference ? Could you please elaborate a bit more so that I can keep that as one of the factors ?


Yes you can but you can't apply uplift factor to your earnings overseas.
I thought the uplift factor will be applied to the portion of earnings made overseas ? :( I did not see any such clause in the form/guidelines which says that uplift factor can not be applied ? Could you please point me to the guideline for the same. :(

SKUK
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Post by SKUK » Wed May 27, 2009 10:27 pm

I thought the uplift factor will be applied to the portion of earnings made overseas ? I did not see any such clause in the form/guidelines which says that uplift factor can not be applied ? Could you please point me to the guideline for the same.
Well check this

MVaibhav
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Post by MVaibhav » Thu May 28, 2009 9:42 am

thanks a lot for this link. This was interesting to read the interpretation of the statements in the UKBA guidelines about overseas earning.
You have already spent 3.5 years in UK on wp and T1 will give you another 3 years which means you wont have to go for another extn.. you can apply for ILR after 1.5 years (as of the rules today).
BTW, do you know where are we wrt the 4yrs requirement for applying ILR for WP holders ? is this still under discussion at UKBA or they have given a final ruling that WP holders don't have the same rights wrt ILR application as hsmp holders have ?

nksg
Senior Member
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Joined: Wed Mar 12, 2008 1:55 pm

Post by nksg » Thu May 28, 2009 10:11 am

Yes it is still under discussion... Please refer to the link below for more details:

www.immigrantwelfare.co.uk

ArgieBee
Junior Member
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Joined: Wed Jun 03, 2009 10:22 am
Ireland

allowance versus salary

Post by ArgieBee » Wed Jun 03, 2009 10:46 am

Hi MVaibhav,
how safe are the allowance versus the salary?
A lot of companys are looking for ways to cut back and one might be less likely to be cut.

MVaibhav
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Posts: 24
Joined: Thu Apr 16, 2009 2:33 pm

Re: allowance versus salary

Post by MVaibhav » Wed Jun 03, 2009 2:20 pm

ArgieBee wrote:Hi MVaibhav,
how safe are the allowance versus the salary?
A lot of companys are looking for ways to cut back and one might be less likely to be cut.
I think this is quite subjective.. if there are cost cuttings in UK operations, one might expect to be out of job if it is UK based employment, or other way, might go back offshore if it is India based employment ..

ArgieBee
Junior Member
Posts: 74
Joined: Wed Jun 03, 2009 10:22 am
Ireland

Post by ArgieBee » Wed Jun 03, 2009 3:31 pm

If you don't mind me asking, is the allowance any better that the £1800-£2000 a month that TCS used to pay? (I don't know what they pay now but heard that there might be cuts)

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