ILR - T2 General - Covid 19 Vaccine from NHS

[anub2016]

Hi,

I am currently on T2 General visa and a Permanent full time employee for the Sponsor. I pay my Taxes through PAYE.

Could the Moderators please advise if Claiming the Tax back after the end of the Tax year is permitted per ILR rules and if it can be treated as claiming Public Funds/Benefits?

Many Thanks.

Claiming PAYE tax that you been possibly overpaid is NOT public funds!!

Many Thanks CR001.

Could I safely infer that Claiming any Tax back from HMRC at the end of the Tax Year, irrespective of the situation that caused the Overpayment (PAYE, Company Benefit, Bank Interest, incorrect Tax Code etc. to name a few) are not classed as Claiming Public Fund/Benefit and will not impact ILR whatsoever?

Could you please advise? Many Thanks for your time and help as always. I really appreciate it.

[CR001]

You are overthinking and being paranoid.

Overpaid tax and claiming it back is NOT 'claiming public funds'. YOU have paid that to HMRC and claiming back the overpayment from YOUR payments made.

[anub2016]

You are overthinking and being paranoid.

Overpaid tax and claiming it back is NOT 'claiming public funds'. YOU have paid that to HMRC and claiming back the overpayment from YOUR payments made.

Thank you so much CR001. As you said, it seems I am overthinking on this.

Regarding my query earlier on a single Absence from the UK for 33 Calendar Days from 28 November 2019 to 1 January 2020 on Annual Leaves and Bank Holidays, I would be grateful if You could please advise if that is permitted under Continuous Period.
I understand that kind members of this forum have shared experiences and I am thankful but I am just worried if any such rule that a single absence of more than 30 Calendar days is not allowed is even possible and sensible.

[anub2016]

You are overthinking and being paranoid.

Overpaid tax and claiming it back is NOT 'claiming public funds'. YOU have paid that to HMRC and claiming back the overpayment from YOUR payments made.

Thank you so much CR001. As you said, it seems I am overthinking on this.

Regarding my query earlier on a single Absence from the UK for 33 Calendar Days from 28 November 2019 to 1 January 2020 on Annual Leaves and Bank Holidays, I would be grateful if You could please advise if that is permitted under Continuous Period.
I understand that kind members of this forum have shared experiences and I am thankful but I am just worried if any such rule that a single absence of more than 30 Calendar days is not allowed is even possible and sensible.

Any advice on this please CR001?

Many Thanks.

[anub2016]

You still need evidence where the absences in a 12 month period exceed 30 working days plus statutory public holidays.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

In the Continuous Period Guidance (v19.0; 1 October 2019), could the Moderators please advise what does extended periods mean in the following Statement on Page 10? Is there any specific duration that signifies extended period?

"However, time spent away from the UK for extended periods, particularly if the
business no longer exists, should not be allowed."

Many Thanks.

[zimba]

It is self explanatory. It means a Tier 2 migrant that was absent for several months from the UK despite the fact that he/she expected to work in the UK for a sponsor

[anub2016]

It is self explanatory. It means a Tier 2 migrant that was absent for several months from the UK despite the fact that he/she expected to work in the UK for a sponsor

Many Thanks Zimba. Also, the Guidance mentions that the missing evidence regarding the absences can be ignored by the caseworker if the absences do not exceed 30 working days plus statutory public holidays. Since there are 8 Bank holidays per annum, does this mean the total absences that can be ignored without evidence are 38 days?

Could all these 38 days' absences be taken in a Single absence from the UK?

Many Thanks.

[zimba]

Rules do not determine what pattern of absence is permitted or not. You can have way more than 38 days as long as you have a letter from employer

[anub2016]

You still need evidence where the absences in a 12 month period exceed 30 working days plus statutory public holidays.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays. - Do these 30 Days include Weekends when assessing the Absences from the UK, if the Weekends are off?

Similarly, You still need evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays. - Do the 30 Working Days include or exclude Weekends when the Absences are assessed?

Also, per the Guidance document, regarding the Absences - 'This also includes any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers.' - Could you please advise if case by case basis points to any specific conditions?

Many Thanks.

[zimba]

Weekends are NOT working days and there are no specific conditions apart from those explained above

[anub2016]

Weekends are NOT working days and there are no specific conditions apart from those explained above

Many Thanks Zimba. So, does this mean that my single period of Absence of 33 Calendar Days from 28 Nov 2019 to 1 Jan 2020 will only be counted as 21 Days (Annual Leaves) and the Bank Holidays and Weekends covered by this period will not be counted?

[zimba]

You can assume that. However the 33 days will be counted towards the 180 days of absence

[anub2016]

You can assume that. However the 33 days will be counted towards the 180 days of absence

But this single absence of 33 Days is still allowed for ILR and does not have to be restricted to 25 or 30 Days based on the Annual Leave entitlement. Is that right?

[zimba]

Rules do not determine what pattern of absence is permitted or not.

[anub2016]

Rules do not determine what pattern of absence is permitted or not.

Thanks Zimba. I only got confused because I found mentions of a single absence limited to 3 months (90 Days) for ILR. However, per your advise, I am not sure if this used to be a requirement for ILR in the past.

Per your statement, am I right in inferring that the absences are allowed in any pattern - either in separate periods or in a single period?

[zimba]

It seems you are really paranoid. Also if it is not the guide/rules then it should be ignored !

[anub2016]

You are overthinking and being paranoid.

Overpaid tax and claiming it back is NOT 'claiming public funds'. YOU have paid that to HMRC and claiming back the overpayment from YOUR payments made.

Hi CR001, as discussed earlier, for a T2 Migrant, getting the HMRC Record corrected by contacting them, for getting the Income Details, Tax Code, Bank Interest, Paid Income Tax details for the Tax year corrected do not impact ILR and are different to the T1 Category. Is that right?

Also, could you please advise on the scenarios in this regard that could have an impact for a T2 Migrant?

[CR001]

You are overthinking and being paranoid.

Overpaid tax and claiming it back is NOT 'claiming public funds'. YOU have paid that to HMRC and claiming back the overpayment from YOUR payments made.

Hi CR001, as discussed earlier, for a T2 Migrant, getting the HMRC Record corrected by contacting them, for getting the Income Details, Tax Code, Bank Interest, Paid Income Tax details for the Tax year corrected do not impact ILR and are different to the T1 Category. Is that right?

Also, could you please advise on the scenarios in this regard that could have an impact for a T2 Migrant?

As already answered. NO IMPACT!!

For perspective, the Tier 1 General Tax issues was because Tier 1 General visa holders could be self employed and many were and fiddled their books to show increased income to HO to meet the Tier 1 G requirements and then suffered sudden 'losses' when income was declared to HMRC, in some cases, it was thousands of pounds of 'losses' declared to avoid paying tax.

[anub2016]

Hi,

Could I request the Moderators/Experts to please advise on -

* How soon can the Life in the UK Test be taken before the ILR Application?

* What is the Validity of the Life in the UK Test Certificate?

* Also, what is the Validity of the NARIC's English Language and Degree Assessment Certificate?

Many Thanks.

[zimba]

* How soon can the Life in the UK Test be taken before the ILR Application?

Whenever you want

* What is the Validity of the Life in the UK Test Certificate?

It is valid for life

* Also, what is the Validity of the NARIC's English Language and Degree Assessment Certificate?

NARIC only expires if the institution or degree ceases to be on the approved list

[anub2016]

Hi,

Could the Moderators/Experts please advise if the NHS Clinical records of a person such as Allergies, Medication etc. are accessed by the Home Office for ILR?

I have read that the non-clinical information such Name, Date of Birth, Address etc. is shared by the NHS for enforcement purposes, but I was wondering if the Clinical information such as Medication, Family History etc. has any impact on the ILR application.

Many Thanks.

[anub2016]

Hi,

Could the Moderators/Experts please advise if the NHS Clinical records of a person such as Allergies, Medication etc. are accessed by the Home Office for ILR?

I have read that the non-clinical information such Name, Date of Birth, Address etc. is shared by the NHS for enforcement purposes, but I was wondering if the Clinical information such as Medication, Family History etc. has any impact on the ILR application.

Many Thanks.

Could I request the Moderators/Experts to please advise on my Query?

Many Thanks.

[CR001]

No need to spam the forum or bump your post after less than an hour if originally asking!!!

No and not relevant. Not sure what you are concerned about exactly.

[anub2016]

No need to spam the forum or bump your post after less than an hour if originally asking!!!

No and not relevant. Not sure what you are concerned about exactly.

Apologies CR001. I did not intend to spam the Forum For some reason, I thought that a new Query within the same Topic is not visible to the Members and so, just replied on the same Query to reiterate. But I will keep this in mind for my posts in the future.

Regarding my Query, its related to the Information about Family History, Medication, Allergies that is provided to the GP when first registering with the Practice. That is stored as Coded entries on the Patient's Health record. If for example, someone has serious Allergies or has had some illnesses in the Family History, I was wondering if that information is available to the caseworkers and could impact the application, considering the fact that an applicant has to go through a TB Test when applying for T2 General and so good health is considered as one of the criteria and would apply equally to ILR.

Please advise.

Many Thanks.

[CR001]

You are overthinking. It is not relevant what your medical history is.