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Tier 1 Refusal - Earnings issue - No uplift ratio?

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

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Jayceesh
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Tier 1 Refusal - Earnings issue - No uplift ratio?

Post by Jayceesh » Thu Aug 12, 2010 1:28 pm

Hi all,

I am looking for advice for a colleague.

He was initially granted T1 PSW visa from 27 Jan 2009 to 27 Jan 2011 and applied to switch into T1 General but was refused.

He needs to earn 50k but seeing that he couldnt get that, he started a self employment in home country whilst also earning in the UK. He used the Points Based Calculator and this applied the Uplift Ratio and so he believed that he has the correct amount needed.

HO claims that there is no uplift to be added to his earnings outside of the UK as he was physically working in the UK.

The wordings is as below

The income band against which previous earnings are assessed at initial application stage is dependant upon the country in which an applicant has been physically working, rather than the country in which the earnings were paid.

As the earnings you are claiming points for were generated whilst you were working in the UK, no uplift has been applied to them.


To my own understanding, at initial application there is an uplift, can someone advice accordingly or point me in the guidance where it says HO will not apply the uplift.

If this indeed is the case, I hope others going through this route bear in mind that the uplift wont apply. I am hoping HO is wrong here so that he can look towards appealing even though they said he doesnt have a right of appeal because he still has LTR till Jan 2011.

Please advice

aruni4470
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Post by aruni4470 » Thu Aug 12, 2010 1:56 pm

The case worker is right, the uplift ratio for earnings outside UK cannot be used when physically present in UK.

132. The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in or the country in which payment is made, determines the income band against which we will assess the earnings.

http://bia.homeoffice.gov.uk/siteconten ... idance.pdf

Jayceesh
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Location: UK

Post by Jayceesh » Thu Aug 12, 2010 2:01 pm

Thanks for your input.

I had read this as well as section 133 of the same guidance before coming online.

The issue is that the work that generated the self employed earnings were physically undertaken in the home country not in the UK and the guy even had to go home to carry out some of the work's requirements.

His passports shows both exit and entry dates to even reflect these

aruni4470
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Post by aruni4470 » Thu Aug 12, 2010 2:04 pm

Jayceesh wrote:Thanks for your input.

I had read this as well as section 133 of the same guidance before coming online.

The issue is that the work that generated the self employed earnings were physically undertaken in the home country not in the UK and the guy even had to go home to carry out some of the work's requirements.

His passports shows both exit and entry dates to even reflect these
He should have been in the home country the whole period he has undertaken that work not some of the work requirements. Was he?

Jayceesh
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Location: UK

Post by Jayceesh » Thu Aug 12, 2010 2:08 pm

No ... he definitely wasnt in his home country as he was working here in the UK during the 12-month's period.

What is baffling then is why did the Points Based Calculator apply the uplift ratios even though the 2 types of earnings were for exactly the same period?

I suppose if the PBC had told him there was no uplift, there wont have been any reason to apply in the first place cos he wont have qualified

gotcha
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Post by gotcha » Thu Aug 12, 2010 2:23 pm

Jayceesh wrote: I suppose if the PBC had told him there was no uplift, there wont have been any reason to apply in the first place cos he wont have qualified
Guidance regarding this is crystal clear. PBC is a tool, which acts on what input you have given to it.

Remember, if that was so simple, everybody would have done self employment in home country.

aspirant99
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Post by aspirant99 » Fri Aug 13, 2010 5:35 am

Jayceesh wrote:No ... he definitely wasnt in his home country as he was working here in the UK during the 12-month's period.

What is baffling then is why did the Points Based Calculator apply the uplift ratios even though the 2 types of earnings were for exactly the same period?

I suppose if the PBC had told him there was no uplift, there wont have been any reason to apply in the first place cos he wont have qualified
Sorry about the rejection but as mentioned by gotcha..PBS is just a tool and is based on the input and no artificial intelligence involved..so if your friend ehile entering for the second income has "entered the country where earned the money" as his home country then PBS will give points and use the uplift ratio...good luck!!

student79
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Post by student79 » Fri Aug 13, 2010 6:35 am

aspirant99 wrote:
Jayceesh wrote:No ... he definitely wasnt in his home country as he was working here in the UK during the 12-month's period.

What is baffling then is why did the Points Based Calculator apply the uplift ratios even though the 2 types of earnings were for exactly the same period?

I suppose if the PBC had told him there was no uplift, there wont have been any reason to apply in the first place cos he wont have qualified
Sorry about the rejection but as mentioned by gotcha..PBS is just a tool and is based on the input and no artificial intelligence involved..so if your friend ehile entering for the second income has "entered the country where earned the money" as his home country then PBS will give points and use the uplift ratio...good luck!!
Guys - Aspirant99
Are you saying because the money was earned in the applicants country uplift ratio is not applicable? I am not sure you are giving a true statement. My honest opinion i feel that refusal was a mistake and should the guy go for admin review he will definitely win

aspirant99
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Post by aspirant99 » Fri Aug 13, 2010 6:43 am

student79 wrote:
aspirant99 wrote:
Jayceesh wrote:No ... he definitely wasnt in his home country as he was working here in the UK during the 12-month's period.

What is baffling then is why did the Points Based Calculator apply the uplift ratios even though the 2 types of earnings were for exactly the same period?

I suppose if the PBC had told him there was no uplift, there wont have been any reason to apply in the first place cos he wont have qualified
Sorry about the rejection but as mentioned by gotcha..PBS is just a tool and is based on the input and no artificial intelligence involved..so if your friend ehile entering for the second income has "entered the country where earned the money" as his home country then PBS will give points and use the uplift ratio...good luck!!
Guys - Aspirant99
Are you saying because the money was earned in the applicants country uplift ratio is not applicable? I am not sure you are giving a true statement. My honest opinion i feel that refusal was a mistake and should the guy go for admin review he will definitely win
No, what i am saying is that uplift factor will not be applied for the period he was not physically present in the country of earnings!!..True or false is very judgemental of you though!!.

geriatrix
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Post by geriatrix » Fri Aug 13, 2010 10:38 am

student79 wrote:Are you saying because the money was earned in the applicants country uplift ratio is not applicable?
What is being stated is that because the money was earned (credited) in the applicant's home country when the applicant was physically present and working in the UK, uplift ratio cannot be applied to (such) income (credited/earned in home country).


regards

raju.testing7
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what happens if i show selfemployment income during vacation

Post by raju.testing7 » Fri Aug 20, 2010 10:40 am

Hi friends,

I am newly joined to this forum, this post has got really valuable information Thanks a lot.

I have a question: I am currently on Tier-2 and planning to switch to Tier-1, I should be having income of 40+k, but my income is coming around 35k for last 12 months. As per the above conversation looks like i cannot get uplift for income i earned through self employment in India. If i go to India on vacation and show some income during the time and come back to UK and apply for tier-1 with uplift for the income earned during my vacation?

Is it valid?
1). Showing income of 12 months in UK
2). Uplift for the amount earned during vacation to India
3). Amount earned in India is cash deposit in account but has receipt proof.
3). Applying from UK

mohsin_99
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Tier 1 - Overseas income and UPlift issue

Post by mohsin_99 » Tue May 31, 2011 10:36 am

Hi Guys

I have the same problem.

I have submitted all the documents througha lawyers of same situations. I don't know how my lawyer is going to show that I has done some work while I was in UK or I have atteneded the meeting in the country where I was earning money.

Any ideas what can happens to my application. I hav been to my country at least once a year. Can I show that I have carried work while I was there.

Thanks

opssss
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Post by opssss » Tue May 31, 2011 10:50 am

Look at it this way? Whats the purpose of uplift ratio? The purpose is that if you earn X amount by working Y in your country, you can earn for example 5X by doing same Y. Now he is already in Uk so he could have done Y in UK which is didnt and obviously there must be a reason behind it. Now whatever that reason might be, its clear that he cannot do Y in UK and hence UK does not benefit from his skills of doing Y.

mohsin_99
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Post by mohsin_99 » Tue May 31, 2011 10:59 am

opssss wrote:Look at it this way? Whats the purpose of uplift ratio? The purpose is that if you earn X amount by working Y in your country, you can earn for example 5X by doing same Y. Now he is already in Uk so he could have done Y in UK which is didnt and obviously there must be a reason behind it. Now whatever that reason might be, its clear that he cannot do Y in UK and hence UK does not benefit from his skills of doing Y.
Dear

I clearly didn't understnad this. Can you please clarify it with more details.

Thanks

Jayceesh
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Joined: Wed Dec 13, 2006 4:06 pm
Location: UK

Post by Jayceesh » Tue May 31, 2011 4:09 pm

Ok all.... let me give the outline and what finally worked for him

You can work 9 months in the UK, and go to home country to pick up a contract for the remaining 3 months.

Come back to the UK and then apply.

The UK earnings will not have any uplift obviously, but as you were physically in the home country whilst carrying out that job (for the remaining 3 months - as an example), you can apply the uplift. This was the rule as of the time he applied last December. I dont know if things have since changed or not.

All that is required is that the 12 months are continuous and as such you can do it however you like. This was what I proposed to him afterwards and he has since got his visa.

Hope this clarifies the issues.

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