Under New Tier 1 System

nsm2010 · Post by **nsm2010** » Fri Feb 22, 2008 3:13 pm

Dear Gurus,
I arrived in UK on 23 Dec 2007 on HSMP Visa. I found a job in UK office of Irish based company. Now I want to clarify from you;
1)Will it be a problem if I visit Middleast and Eastern Europe frequently, to take care of companies projects.
2) When should I apply for FLR?
3) How much allowance for absence (from UK) is permissable in new Tier based system?
4)What are the alternates, if I acceeds absence allowance?
and lastly will their be necessary to have IELTS at the time of FLR?

nsm2010

hk_007 · Post by **hk_007** » Fri Feb 22, 2008 6:06 pm

1-no
2-when you get your 2nd extension (two years from now)
3-I do not recollect having to fill in details of absences for HSMP extension, however when it comes to ILR (or whatever it will be called 5 years from now), I think it at present it is about 450 days over a 5 year period
4-If you exceed the limit you will be able to apply for ILR (or X) following residence for the additional days away. As an eg. if you have been away for 480 days over a 5 year period, then you will be eligible to apply for ILR (or X) after 5 years and 30 days

nsm2010 · Post by **nsm2010** » Fri Feb 22, 2008 7:34 pm

thank HK_007,
You missed to answer last question. Moreover when should be the FLR filed or how I count 2 years, from the date of my arrival in th UK or from the date of Visa stamp????
Similarly my family arrived one month after my arrival? when should I file their FLR. With me or after one month?

nsm2010

anjali_devi · Post by **anjali_devi** » Sat Feb 23, 2008 12:22 pm

Just want to add that if you travelling on business and your company is still paying your salary here and your paying your taxes here, those absences are NOT considered for those 450 days out of country.

Cheers.

hk_007 · Post by **hk_007** » Sat Feb 23, 2008 4:37 pm

nsm...
You will need to apply for extension before the validity of you present visa expires irrespective of when you have entered the UK. At this point you will have to meet the English language requirements (IELTS or appropriate Univ letter) + other criteria to get extension. Following grant of this extension you will then need to apply for FLR. As you can see IELTS is not needed (at least for now) at the FLR stage since you have already proven your English proficiency when applying for HSMP extension.

To comment made by anjali...it is a rather sticky point and I know of one case where ILR was refused even though the person continued to pay taxes etc. when away on business trips. It was only following strong representation from the company lawyers with a whole load of documents that HO granted ILR - the additional process took about 3 months though!! In this case the person was on Work Permit and hence the company had a direct involvement with the process. However, with HSMP as the company has no involvement in the visa process, it might a good idea to sound out the company HR in advance regarding such a situation and see if they will support the case and expenses of a lawyer if required.

hk_007 · Post by **hk_007** » Sat Feb 23, 2008 4:43 pm

nsm..with regards to your family, it will be the same as I have outlined before. Following your HSMP extension, you apply for FLR for yourself and family irrespective of when your family comes to the UK.

nsm2010 · Post by **nsm2010** » Sat Feb 23, 2008 6:52 pm

Thank you Anjali and HK-007.

nsm2010

SYH · Post by **SYH** » Sat Feb 23, 2008 8:35 pm

hk_007 wrote:1-no
2-when you get your 2nd extension (two years from now)
3-I do not recollect having to fill in details of absences for HSMP extension, however when it comes to ILR (or whatever it will be called 5 years from now), I think it at present it is about 450 days over a 5 year period
4-If you exceed the limit you will be able to apply for ILR (or X) following residence for the additional days away. As an eg. if you have been away for 480 days over a 5 year period, then you will be eligible to apply for ILR (or X) after 5 years and 30 days

450? where did you get that number
it is around 180 or they get funny in granting ILR

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Under New Tier 1 System

Under New Tier 1 System