Urgent Advise : Tier 2 ICT to Tier1

[yuvarajss]

Hello Experts,

I have a big confusion going around me, i have refered my case to a solicator ...he has advised me the following

Previous earning :- ( Last 3 years im in UK)
Source -India
Advice given by solicator - You are not allowed to rely on any other monies
Point : 40 points (Uplift factor considered i believe)

Earning made in UK, he has told me not to include in application to Home office.

From the Policy guidance i mentioned in regards to Para 132 that we cant use the uplift factor, he replied the guidance notes points of which you are quoting are not relevant to your application ....Is it true?????

Also i would like to mention i came here in UK with Workpermit holder Nov'07 & two extention has been done after that...most recent extenstion was done 31-Mar-10 (Biometic card tier 2 ICT)


Could anyone of expert provide me the guidance how to proceed???? Shall i go what Solicator has said ???????

Im bit nervous on that.....

Best Regards
Yuvaraj

[geriatrix]

In general:
Salary credited in India (without uplift ratio) + UK allowances = Total earnings.
Two documentary evidences from independent sources required for both components (Indian & UK) of your earnings.

Having looked at your earlier posts, here are my two cents:
1. Salary credited in India is already included in your UK payslip, so you cannot add it separately (again)!
2. Per Diem allowance may not be considered an allowance if it is termed so (per diem) in the payslip. By definition, per diem is payment for living and travelling costs .. and not income / earning for the employee.


regards

[yuvarajss]

sushdmehta thanks for ur reply..... I have explained to solicators in details abt my salary ......finally he has come up with this " You are not allowed to rely on any other monies " . Solicator has also mentioned that he is not doing anything unethical....

i have few more queries.....

1. As u said if my indian salary is mentioned in UK payslips , i cant consider my Indian salary as such it is already accounted....With only considering the UK Gross pay for 12 months ...i wont be qualified for Tier 1....What would happen if i get a letter from company specifing Gross pay & Net pay from UK & India respectively... Does this help in securing the point??????

2. In my payslip it mentions only Perdiem .....so i cant consider while calculating in PBS....Then what my solicator has said is right i believe.......or misunderstood ur answer....

Apologies for lengthy queries..

Best Regards
Yuvaraj

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[geriatrix]

Unfortunately I am unable to understand from your posts what your solicitor has advised you. Therefore unable to comment on whether he/she is right or wrong!

To answer your question, getting letters from employer to confirm your gross salary and net salary in India and the UK for each of the 12 months may help as it will hide things like expenses and reimbursements (e.g. - per diem). The question is whether your employer will be ready to issue such letters to you?


regards

[yuvarajss]

Hello Sushmehta,

Apologies for late reply......& Thanks for ur reply....

I have already asked for the letter ...which our HR is considering to give it to me ( I have specified for Australian Immigration)

I have few more queries....

1. When we convert INR to GBP.....Do i need to get the exchange rate every month & then convert to GBP or can i take the latest exchange rate and get equivalent GBP

2. Also I was on vacation during the month of Nov'09. During this period I haven’t received my per diem allowance as such im out of the country & Net pay during the month is £ 0. Also gross specifies the following

Housing
Gross up Tax
NI Paid by e’er
Utilites

Subsequently got duducted to get net pay
My question is can I use uplift factor for Nov’09 for my Indian salary????

Thanks & Best Regards
Yuvaraj

[geriatrix]

1. Read the policy guidance. It explains how the conversion is to be done.
2. IMHO a holiday in India doesn't entitle you to use uplift ratio. Others may have a different opinion on the issue, so wait for definite answer(s).


regards