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New app...need hlp.... earn in India and Live in UK on allow

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arunkumarprs
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Posts: 86
Joined: Sat Apr 12, 2008 2:17 am

New app...need hlp.... earn in India and Live in UK on allow

Post by arunkumarprs » Sat Apr 12, 2008 2:21 am

Hi,
I’m in UK for the past 9 months on Work Permit. I’m basically from India and working here for my Indian company’s client. I would wish to apply for a Tier 1(HSMP) visa but I have few points to be cleared.

Even though I’m working in UK, I get my full salary in India and in addition to that I get living expenditure (allowance) in UK which is against the cost enquire for living in UK. I have company sealed pay slip for my India salary and I can provide the original bank statement where salary is credited. These documents are India documents. I don’t get any payslip for my UK allowance or any tax document like P60 etc…

In this scenario can I apply saying that I’m in UK, but show only my India Salary part. Will I be eligible for Previous Earning under India (As the amount level is different from UK). It would be great if you can let me know about this.

Also I’m confused about the Maintenance evidence for me and my wife (who is also staying with me in UK). How much should I show. Ist it ok if we can show a UK Bank account for myself and India bank account for my wife as she does not have any bank account here


Thanks in advance for your help

Cheers
Arun

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ashishashah
Senior Member
Posts: 723
Joined: Sun Jan 06, 2002 1:01 am
Location: UK
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Post by ashishashah » Sat Apr 12, 2008 1:15 pm

Hmm..first u need to decide that u want to apply under which Band/Country..If u r getting all tax papers/salary slips in India then it is advisable to apply under Indian Salary..
maintenance funds is u need to show X amt. in bank account globally..so as long as u have some funds any where in the world in your/wife's name it shd. be fine..

HTH

Ashish

HSMP2008_JANUARY
Member
Posts: 190
Joined: Tue Jan 29, 2008 10:10 pm
Location: London

Post by HSMP2008_JANUARY » Sat Apr 12, 2008 7:38 pm

Arun you can apply being in UK and you can chose Indian band. I think you cant claim UK experience as you are not showing any thing
related to your UK earning.

I am not sure how the HO will treat your case as you are here in UK for 9 months and you don't have any thing to prove that
you are paying tax in UK ( Since you are in UK on work permit your company need to provide you with P60).

arunkumarprs
Junior Member
Posts: 86
Joined: Sat Apr 12, 2008 2:17 am

Post by arunkumarprs » Sat Apr 12, 2008 10:35 pm

ashishashah wrote:Hmm..first u need to decide that u want to apply under which Band/Country..If u r getting all tax papers/salary slips in India then it is advisable to apply under Indian Salary..
maintenance funds is u need to show X amt. in bank account globally..so as long as u have some funds any where in the world in your/wife's name it shd. be fine..

HTH

Ashish
Thanks Ashish,
I want to apply under India Band as i don't have proper documents for UK nor my UK allowance would be give me enough points. I wont claim my UK Exp point as i don't claim my UK earnings.

In this case can you tell me how much X amt i need to show for myself and my wife account for the maintenance fund requirement. I'm bit confused with that...

Thanks for your help

Cheers
Arun

gordon
Senior Member
Posts: 567
Joined: Fri May 11, 2007 3:48 pm

Post by gordon » Sun Apr 13, 2008 10:34 am

The caseworker might take a dim view of your (mis)representing your income as 'Indian', when in fact you have been living and working in the UK, as your passport's work-permit endorsement, Home Office records, UK bank statements, and any verification from your employer would suggest. Under HSMP, your earnings would have been evaluated in band A, and it is quite clear that the caseworker's determination would not materially differ on this point under the Tier 1 scheme (cf para 103 in their policy guide). I think you'd be better off collecting the proper documentation from your employer, and applying for tier 1 from inside the UK. AG

rajesh9pl
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Joined: Thu Feb 03, 2005 9:40 am
Mood:

Post by rajesh9pl » Mon Apr 14, 2008 11:09 am

Such cases are very risky as candidates are on deputation from India to UK and are not getting Tax Statement/Certificate. I have been in this situation and refrained from applying HSMP. Still not applied as rules are in transition phase :-D

They (candidates) can not show their allowances as part of India as they have earned it while living and working in UK. Very bad on employers part who do not provide any Tax Statement as they want to invade UK Tax system.

I always beleive that UK govt should be stricter to compel such organisations to issue Tax Statement.

Hard luck guys!

vjs8in
Newbie
Posts: 40
Joined: Mon Mar 31, 2008 2:22 pm

Post by vjs8in » Thu Apr 17, 2008 7:38 am

Did any one manage to get a Tier1/HSMP with this criteria. I am in a similar situation, however I get a proper p60 and have allowance pay slips. The problem i see in my case is that the allowance is not sufficient to give me enough points. My Indian salary alone or my Indian salary along with U.K allowance is sufficient to gain me enough points ( I am considering U.K allowance in Band A and Indian salary in Band E or F accordingly). Is this right? I know certain consultants who have got tier1 for certain applicants wo are in similar situation, however i am not able to apply through them as they charge quite steeply. any help is appreciated.

iluvuparis
Newbie
Posts: 34
Joined: Wed Apr 09, 2008 11:26 am

hi all

Post by iluvuparis » Fri May 09, 2008 12:39 pm

hi all..even i'm in a similar situation.. Please can you go through the below and help.

Can someone please help me out to calculate the correct Banding and the salary to be claimed.

I was UK from May 07 - Jan 08 (9 mons) and india from feb 08 - apr 08 (3 mons). I have attested 12 months Indian Payslip for the above period and hence i was thinking to claim points under india band.. But however after reading the guidance carefully, i understand i can claim points only in UK country band. Plesae help me if the following calculations is right.

1) May 07 - Jan 08
UK Salary - 15000 GBP
Ind Salary - 405800 INR --> 5068 GBP (just multiplying by 0.0125)

Total - 20068 GBP --> (A)

2) Feb 08 - Apr 08
Ind Salary Only - 127000 INR --> 1587 GBP (just multiplying by 0.0125)
Applying Upliftment factor because it is earned in India --> 1587 * 5.3 = 8416 GBP --> (B)

Adding (A) & (B) --> 28484 GBP (Approx)

Hence claiming 25 points under Band A (Country - UK)

Proofs:
1) Indian Salary Slips, FOrm 15, ITR-1 Proof, Bank statemnts
2) UK Allowance Slips, UK Banks Statements.

Your expertise and help on this will be much appreciated.

Regards

shashank2361
Newbie
Posts: 36
Joined: Wed May 14, 2008 12:58 pm

Post by shashank2361 » Fri May 16, 2008 3:53 pm

MY ONE FRIEND HAD SHOWN ONLY INDIAN EARNING EVEN WHEN HE WAS IN UK, he applied inside the uk HE GOT THE HSMP(hsmp not rier1)

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