Tier 1 Extension

surb123 · Post by **surb123** » Thu Apr 28, 2011 8:45 am

Hi,

I am currently on an Tier 1 General visa and my visa expires in July 2012. I was working in Bangalore earlier and have moved to UK through an International Transfer to UK from the same company. As per the company policy, my salary gets paid in Indian Rupees (to the UK equivalent) which is 28000 GBP and i transfer some money from my indian account to UK account every month.

I want to know whether am I eligible to apply for extension under this category and will i get through?

Please advise

Rgds

Surb123

geriatrix · Post by **geriatrix** » Tue May 03, 2011 3:39 pm

It doesn't matter in which country your UK salary is credited. And payment of UK salary in an overseas account does not entitle you to apply uplift ratio to any such earnings.

Read the policy guidance to ascertain whether you qualify for extension.

surb123 · Post by **surb123** » Tue May 03, 2011 3:41 pm

thanks buddy

surb123 · Post by **surb123** » Tue May 03, 2011 3:58 pm

sorry for creating another query separately. Please help me with the following.

Hi,

I was checking the UKBA website and was really confused with too many tables and points.

My visa expires in July 2012. I came to UK in Dec 2010. I am earning 28000 GBP. My age when I am applying for extension will be 28 (DOB is Jan 3rd 84) but when i applied for initial Tier 1 visa my age was 26. I fall within visa rules after 6th April but before 19th July 2010.

Will i be able to get 20 points for Age and 25 points for earnings?

Please guide me so that i can take appropriate actions now only.

Rgds

Surb123

Celtic · Post by **Celtic** » Tue May 03, 2011 6:32 pm

You would get same points for your age when you applied for intial tier 1 general. In your case 20 points.

However salary of Â£28000 would only get you 5 points as you can't use uplift ratio. To get 25 points, you would need salary of Â£40,000+.

surb123 · Post by **surb123** » Wed May 04, 2011 9:41 am

thanks for your reply mate.

But when i checked the UKBA link (http://www.ukba.homeoffice.gov.uk/worki ... /earnings/) it says for Tier 1 General if I am applying from UK then for salary range of 25000 to 28999 GBP the points received is 25. But i was really not sure thats y i wanted to confirm. The only thing in the link thats confusing is the about the Tier 1 General rules. In the link it says before 6th April. But in the Policy Guidance it says like this

"Applications for leave to remain where the applicant has, or last had, leave as a Highly
Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1
(General) Migrant under the rules in place before 6 April 2010 and has not been granted
leave in any category other than these since 6 April 2010"

So if i read this correctly then it says that any rule in place before 6th april and after 6th april but limited only to the categories mentioned in this paragraph then 25 points for 28000 salary will be provided.

Please see this link and correct me if my understanding is wrong.

Rgds

surb123

geriatrix · Post by **geriatrix** » Wed May 04, 2011 10:13 am

If you applied for Tier 1 (General) before 06-Apr-10, table given on page 10 applies.
If you applied for Tier 1 (General) on / after 06-Apr-10, table given on page 11 applies.

surb123 · Post by **surb123** » Wed May 04, 2011 10:15 am

on 1st of June 2010. Hence rules between 6th april 2010 and 19 July 2010 will be applicable.

geriatrix · Post by **geriatrix** » Wed May 04, 2011 10:19 am

See my edited response above.

surb123 · Post by **surb123** » Wed May 04, 2011 10:21 am

thanks for your instant response buddy.

Rgds

surb123

geriatrix · Post by **geriatrix** » Wed May 04, 2011 10:23 am

And, do remember that, as per the current policy guidance (paragraph 48 ), you need to score 75 (attributes) + 10 (English) + 10 (maintenance) = 95 points for extension - using the table on page 11.

surb123 · Post by **surb123** » Wed May 04, 2011 10:26 am

sure mate.

Another quicker from me. I am running short of points now. In the last 2 years, besides my graduation which is of 3 years, i have done 1 year of Diploma and 1 year of certification course from a reputed a B-school in India.
Can i claim points for masters? or do you think i wont be considered?

Rgds

surb123

geriatrix · Post by **geriatrix** » Wed May 04, 2011 10:32 am

I am not aware of any restriction that doesn't allow applicants to claim points for qualification(s) obtained during the period between initial approval and extension application.

This said, to ascertain whether your new qualification(s) score any points and, if they do, then how many .. refer to the policy guidance and the PBS calculator.

surb123 · Post by **surb123** » Wed May 04, 2011 12:33 pm

thanks buddy.....surely will read through it again

surb123 · Post by **surb123** » Tue May 10, 2011 1:39 pm

Guys,

As per this thread, I am on an International assignment and still getting paid in INR (equivalent of GBP) which is about 28000 GBP. As per my company's policy for International Assignment, any excess tax resulting because of my international assignment will be borne by the company itself. Hence I pay income tax to indian government from my payslip and my company pays income tax for my salary to UK government (though this is not shown in my payslip but i can get my IT return for this)

This 28000 GBP doesn't include the tax paid by my company to UK government. Can i add up this tax money to my gross earnings to show overall salary while applying for my extension?

Rgds

Suresh

geriatrix · Post by **geriatrix** » Tue May 10, 2011 2:48 pm

surb123 wrote:Can i add up this tax money to my gross earnings to show overall salary while applying for my extension?

Is your employer ready to provide you a letter certifying your salary to be GBP 28K + tax paid by company to HMRC? If so, then instead of using payslips as one of the evidence, you may choose to use a letter from employer instead (and as per format specified in the policy guidance).

surb123 · Post by **surb123** » Tue May 10, 2011 2:57 pm

thanks for the reply buddy. I will check the policy guidance regarding this.

I have to use my payslips in a way because there are a few things that are not mentioned in my International Assignment letter that are included in the payslips. For example Medicals, HRA etc. so i will check for this letter from the employer and see how it works.

If that doesn't happen, can i show UK tax return file as a proof to show that i have paid UK tax and hence i can add Uk tax to my gross salary?

Rgds

Suresh

geriatrix · Post by **geriatrix** » Tue May 10, 2011 3:06 pm

Suggest that you first read the policy guidance carefully.

surb123 · Post by **surb123** » Tue May 10, 2011 3:08 pm

sure buddy...will read it by tomorrow and seek clarification if any.

appreciate your help.

Rgds

Suresh

surb123 · Post by **surb123** » Sun May 15, 2011 7:55 am

Buddies,

I am not able to find any related notes in the policy guidance regarding this topic. Can you / anyone direct me to the link that i can search that provides the letter format and also the details i have show to UKBA that whatever tax paid by my organisation can be included to show my gross earnings?

Appreciate your help.

Rgds

surb123

aruni4470 · Post by **aruni4470** » Sun May 15, 2011 2:33 pm

surb123 wrote:Buddies,

I am not able to find any related notes in the policy guidance regarding this topic. Can you / anyone direct me to the link that i can search that provides the letter format and also the details i have show to UKBA that whatever tax paid by my organisation can be included to show my gross earnings?

Appreciate your help.

Rgds

surb123

iii) Letter from the applicantâ€™s (previous and/
or present) employer(s) (or in the case
of winnings, the relevant awarding body)
conï¬

surb123 · Post by **surb123** » Tue May 17, 2011 11:07 am

Thanks for your reply buddy.

I have another question. When i moved over to UK, company gave me some relocation allowance, 1 month accommodation and some daily allowance during this 1 month. Can i show this as a part of my gross earnings as well.

Rgds

surb123

mulderpf · Post by **mulderpf** » Tue May 17, 2011 2:56 pm

No, because it is a reimbursed payment (even though you might get it upfront, it has to be based on actual payments and cannot be more than what you actually spent), you cannot include it in earnings.

surb123 · Post by **surb123** » Thu May 19, 2011 5:41 am

These are not reimbursed payments. In the sense i incurred the expenses and company reimbursed me later. No. Company provided 1 month accommodation in a service apartment, gave an allowance of 18.5 GBP per day and paid me a relocation allowance of 1.5k gbp. These were not reimbursed for me because i dint incur them and 2ndly my package included this as it was clearly stated in the offer letter.

Rgds

Surb123

mulderpf · Post by **mulderpf** » Thu May 19, 2011 6:39 am

Then yes, you can include it in your earnings.

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