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Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13323
Experience:  Solicitor
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I want to apply for the Tier 1 (General) category before the

Customer Question

I want to apply for the Tier 1 (General) category before the deadline of 5 April 2011. I'm currently in the UK under the Tier 1 PSW category valid till 2012. I'm employed on a salary of £20,000 here in the UK. I have a web development business in India which is turning in a profit of between £10-£15,000 a year. To qualify, I need £40,000 or more. My question is, if I go to India now and stay there till mid of March, would any earnings made during the 2-month period be subjected to the 'Uplift' rules and multiplied by 5.3 (for earnings made in India according to the guidance)? Can I use these earnings to qualify and apply for the Tier 1 (General) category in the UK?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
I do not think so.If you wanted earnings from abroad counted then the application would have to treated as an overseas one and Tier 1 is already closed for overseas applications. You can only apply from in the UK and I do not think overseas earnings would be subject to the multiplier if you are resident in the UK
Customer: replied 5 years ago.

I was going through the recent amended guidance on Tier 1 (General) category applications made in the UK after 23 Dec 2010 (published after the overseas applications were closed). Please check that below:


See page 2. It says - This guidance is to be used for applications made on or after 23 December 2010.


Now, see page 21 - Point 129. The country in which the applicant has physically undertaken the work determines the income band that the earnings will be assessed against, and not: his/her nationality; the currency that the payment is made in; or the country in which payment is made. No uplift ratio is applied to the earnings made if the applicant has been in the UK while doing the work for an overseas company, and no applicants will be entitled to claim uplift rations on overseas earnings for extension applications.


130. Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country the person was physically in when they earned the money in order to provide a total UK equivalent value of earnings. Clear evidence of the applicant's presence in each country for the time period of the overseas earnings should be provided with the application.


Please let me know your comments on the above.

Expert:  Senior Partner replied 5 years ago.
thanks I am aware of what the published guidance is but if your read para 128you will see these the uplift does not apply of you are based in the UK when you earn the foreign earnings. the adjustments are to take account of relative income levels indifferent countries. If you claim to be resident in India when you earned these monies the you will be treated as having abandoned your residence here - that will mean your current permission will have lapsed and you will be an overseas applicant. You cannot have it both ways I am afraid . either you are resident here and can apply for tier 1 in which case your earnings have to be calculated as a UK resident or you are resident in india in which case you cannot apply under tier 1. The border Agency are not going to allow you to use overseas means as a uk based applicant unless it relates to a period when you were resident in India before taking up residence here.
Customer: replied 5 years ago.

I've just confirmed this with two specialist Immigration solicitors. The issue of residence doesn't arise here at all. The uplift rules also apply to those professionals who are resident in the UK but travel around the world to carry out short-term work in different countries. In this case, the uplift ratio would apply to the work done outside the UK provided you can show evidence (flight bookings, passport stamps) that you were physically present in the country in question where the work was carried out.


You would not be treated as having abandoned your residence in the UK in such a scenario.

Expert:  Senior Partner replied 5 years ago.
Well I do not agree I am afraid but if you have advice that satisfies you on the point then I wish you luck with your application.

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