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Tier2 ICT to Tier1 before 19th July-SOS

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

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GodnLuck
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Tier2 ICT to Tier1 before 19th July-SOS

Post by GodnLuck » Fri Jul 09, 2010 10:57 pm

Situation:Working for an indian company on Tier2 ICT
Salary :
Receive Uk allowance-payslip doesn't mention tax paid (net allowance only)
Recieve India salary-payslip gives gross and net

Period considered (12 months): 01st July 2009-30th Jun 2010

Total UK allowance for the above period:23100 (allowance slips doesn't talk about tax paid per month)

Total India Salary: (Two situations are there)
a)For July 09-until Mar 2010-India salary was paid in Indian bank account in INR. that comes to 702096 (/70) and equivalent pound is 10030
b) For April 2010-June 2010-the india salary was paid in pounds in uk bank account and that comes to 3755.5

So Grand total is : 36885. ( which is in effective net salary I get)

In UK I don't know how much tax company pays per month because the payslips only gives details of the fixed allowance paid.

But I can see the salary calculator on internet which says if net is arnd 35810 it matches a gross of 50k.....

However when I spoke to a lawyer today,he mentioned that unless company states the monthly tax in UK in a letter .Home office won't approve it.

Is this correct? Do I have a small chance of being elligible? All I can provide is payslips & bank statements (signed and stamped)


Much appreciate the senior members reply as I am finding myself in a drowning sort of situation. SOS please...........

Looking fwd to your help.

Thanks

tier1_aspirant123
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Post by tier1_aspirant123 » Fri Jul 09, 2010 11:30 pm

yes your lawyer is correct... your company will have to state that and which i think they will not do... as you get allowance and not salary... btw with current equation dont you socre exact 75 points? unless your age is 30+
Tier1 Aspirant

ArgieBee
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Post by ArgieBee » Sat Jul 10, 2010 6:44 am

What salary does it say in your work permit/visa?

GodnLuck
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Tier2 ICT to Tier1 before 19th July-SOS

Post by GodnLuck » Sat Jul 10, 2010 7:08 am

Thanks for the reply.

current score is
age 30-34-10 pts
uk exp -5 pts
bachelors-30 pts

Now 30 more points needed... (50k+ band).

So it is the 5pts that is the problem.

In tier2 COS it says arnd 49k(this was issued last yr),how ever I have got a promotion after that which definitely puts me above 50k mark in reality.

Is there a way out? Any senior members,can you shed some light at the end of the tunnel?
Thanks

outbound
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Re: Tier2 ICT to Tier1 before 19th July-SOS

Post by outbound » Sat Jul 10, 2010 12:04 pm

GodnLuck wrote: Total India Salary: (Two situations are there)
a)For July 09-until Mar 2010-India salary was paid in Indian bank account in INR. that comes to 702096 (/70) and equivalent pound is 10030
b) For April 2010-June 2010-the india salary was paid in pounds in uk bank account and that comes to 3755.5

So Grand total is : 36885. ( which is in effective net salary I get)
You should be considering the gross earnings ( left side of payslip) for calculating the total earnings. The above calculation seems like this is the net pay ( which is credited into the bank)

As for the UK allowance thing, the guidance states very clearly what documents they accept. You cannot pro-rate the net salary to gross and claim points.

GodnLuck
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Tier2 ICT to Tier1 before 19th July-SOS

Post by GodnLuck » Sat Jul 10, 2010 12:18 pm

Sorry I am confused about the disclaimer.

UK allowance payslip is talking about the allowance only nothing else(no tax deducted nothing is called out). so yes it is the net amount credited to the bank every month.I have no clue about UK gross because payslip doesnt speak about that.

where as India payslip gives full detail-Gross and Net(tax deducted and all other deductions)

I guess this can be a common issue for many in Indian companies. Any guidance is much appreciated.

[b]Any senior members [/b]can you help SOS? [size=18][/size]

ArgieBee
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Post by ArgieBee » Sat Jul 10, 2010 5:46 pm

Assuming you are working for TCS, then most people get a letter from HR confirming the gross salary. Just say you need it for a loan.

I think there is a large discepancy between the CoS salary and actual payment because TCS claim a tax dispensation for the allowance but keep it, rather than paying it to you I.e. they keep your tax rebate.

Good luck with the tier 1 application and remember to ask for your tax rebate back when you find another job. :lol:

GodnLuck
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Tier2 ICT to Tier1 before 19th July-SOS

Post by GodnLuck » Sat Jul 10, 2010 7:06 pm

Well this is the zing thing....Assuming what ever you mentioned would be effective,this is not what the solicitor told me.

What he mentioned is a simple letter (which I can get) stating Gross salary may not work out.Because monthly payslip doesn't give out tax details,what is required is a detailed letter from the company stating each months tax pay out.

Question in my mind is what is the reality? Any senior members(thtz y I am keeping on requesting sr folks, can you throw some light here?

Perhaps,if as per your comment a gross only letter is sufficient I am losing a golden chance to apply (may be my last chance) due to lack of full clarity hence the SOS......

Guess,I have just very few days to action...................

Help Help Help...............................

GodnLuck
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Tier2 ICT to Tier1 before 19th July-SOS

Post by GodnLuck » Sat Jul 10, 2010 9:22 pm

Hello-Please can anyone help me out with the right guidance?
Thanks in anticipation.

ArgieBee
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Post by ArgieBee » Sun Jul 11, 2010 10:40 am

To put it another way you are either being paid the £50k and HR will confirm that including details of taxes paid; OR you are not and your employer could lose their sponsorship licence unless they correct the mistake. If you do not ask then you could be missing out on £13k and the documentation you need.

GodnLuck
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Tier2 ICT to Tier1 before 19th July-SOS

Post by GodnLuck » Sun Jul 11, 2010 10:50 am

Ok that means

you are concurring that
a)the letter that just states the gross salary as 50k is not acceptable by home office
b)and that 50K needs to be called out on the payslips and because it is not,it needs to be addressed through this letter HR is supposed to provide.


Does everyone second this? if so then I need to go back and ask for this letter

Btw,Has anyone in indian companies like TCS,CTS,Infy have got such a letter? kindly respond because I would like to know the best way to put this through to HR.......

GodnLuck
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Tier2 ICT to Tier1 before 19th July-SOS

Post by GodnLuck » Mon Jul 12, 2010 6:58 pm

Hello No responses from any one else yet....

Any of senior member's pleaes can you respond, you are my last hope for this information.please.....

aruni4470
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Re: Tier2 ICT to Tier1 before 19th July-SOS

Post by aruni4470 » Mon Jul 12, 2010 9:00 pm

GodnLuck wrote:Hello No responses from any one else yet....

Any of senior member's pleaes can you respond, you are my last hope for this information.please.....
You need a letter which states your gross salary and net salary. Just mentioning the gross salary will not be any good. This is what the policy guidance says

'iii) Letter from the applicant’s (previous and/ or present) employer(s) (or in the case of winnings, the relevant awarding body) confirming that he/she has received the exact amount claimed. This is a letter on company headed paper which clearly shows the applicant’s earnings during period claimed, and the date and amount of each payment. This letter should be dated after the period for which earnings are being claimed and should clearly show the applicant’s gross and net pay.â€

r007
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Post by r007 » Tue Jul 13, 2010 1:04 pm

[b]Btw,Has anyone in indian companies like TCS,CTS,Infy have got such a letter? kindly respond because I would like to know the best way to put this through to HR.......
[/b]


I do not think any indian company will give such letter. As in Uk u get allowance, there will be sending u a P60 which states less tax paid in.

bsbs
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Post by bsbs » Fri Jul 23, 2010 4:37 pm

r007 wrote:Btw,Has anyone in indian companies like TCS,CTS,Infy have got such a letter? kindly respond because I would like to know the best way to put this through to HR.......



I do not think any indian company will give such letter. As in Uk u get allowance, there will be sending u a P60 which states less tax paid in.
Please can someone reply. In my work permit and VISA it says 69K salary. Can I use that for point calculation and apply? They give p60 what is useless.
Thanks in advance.

outbound
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Post by outbound » Fri Jul 23, 2010 5:50 pm

bsbs wrote:
r007 wrote:Btw,Has anyone in indian companies like TCS,CTS,Infy have got such a letter? kindly respond because I would like to know the best way to put this through to HR.......



I do not think any indian company will give such letter. As in Uk u get allowance, there will be sending u a P60 which states less tax paid in.
Please can someone reply. In my work permit and VISA it says 69K salary. Can I use that for point calculation and apply? They give p60 what is useless.
Thanks in advance.
I think you need to read the guidance. It clearly states that points are awarded for actual earnings and not for expected or pro rated earnings.

The answer is no.

outbound
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Re: Tier2 ICT to Tier1 before 19th July-SOS

Post by outbound » Fri Jul 23, 2010 5:53 pm

GodnLuck wrote: Btw,Has anyone in indian companies like TCS,CTS,Infy have got such a letter? kindly respond because I would like to know the best way to put this through to HR.......
I would imagine its very difficult to extract this letter. Its best to get the payslips sign+stamped and produce bank statements as 2nd proof.

ArgieBee
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Post by ArgieBee » Sat Jul 24, 2010 9:16 am

If the employer is paying correctly and within the rules, then the work permit/visa/CoS should match the actual gross paid. If not then a new CoS needs to be issued at the correct salary.

Report them if they do not pay the correct amount.

funny1981
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Post by funny1981 » Fri Aug 27, 2010 11:22 am

So how can you show NI & Tax on the allowance thing ? Can any of the senior member suggest pls.

funny1981
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Post by funny1981 » Tue Aug 31, 2010 4:28 pm

Hi, can any senior member pls suggest

geriatrix
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Post by geriatrix » Tue Aug 31, 2010 4:35 pm

funny1981 wrote:So how can you show NI & Tax on the allowance thing ? Can any of the senior member suggest pls.
Unless the allowances are subject to NI contributions and/ tax deductions, it won't show anywhere.

If allowances are subject to NI contributions and tax deductions, your payslips must reflect the same. If they are not, then two possibilities - these allowances are tax-free OR your employer isn't complying with the tax laws of this country! Which of the two is true, only you can find out ... from your employer.

IMHO ....


regards

ArgieBee
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Post by ArgieBee » Tue Aug 31, 2010 5:22 pm

I think the poster said on another post that they were at TCS and have been in the UK for 3 years. As I understand it, TCS does not show income tax and ni on payslips and does not provide P60s which I think is unlawful and the matter could be taken to an employment tribunal if they refuse.

On the plus, once into the third year, they do appear to pay full income tax and ni, so it is just a matter of getting paperwork that TCS is legally obliged to provide.

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