Two questions realted to ILR:

pcb_in · Post by **pcb_in** » Fri Mar 27, 2009 5:42 pm

Hi All,
Please, excuse me if it is not right forum to post and suggest the correct one:-
I am on HSMP for last 3 years and got extension till Oct 11.
I have two questions:-
1. My current employer is closing down its UK unit and I was given an option to move to the some other country if I want to continue my employment with them. Since the present job condition is not good in UK that is why I am thinking to accept that option for a short duration of 3 to 6 months and will come back to UK again to search a new job hoping that job market will improve by that time. To move to new country I will have to have work permit visa for that country.
So here is my question, if I come back in UK again with in 6 months and a short visit with in 90 days to UK, will my continuity be maintained in UK to apply for ILR/Provisional citizenship?
2. I have very big problem. My daughter is planning to go to university for her undergraduate course. She is on dependent visa till Oct. 2011.
The problem is that she is being considered as overseas student by all the five university she has applied for and got the conditional offer for admission. The reason they mentioned that the student can qualify for home fee if she/he has the settled status (means minimum ILR) in UK AND should be living in UK for last 3 years.
Can any one help me for this? Can I go to court on human right as rights of education because I can't afford the overseas fee which is 12 to 13 K per year compare to 3.2K per year in case of home student ?
Also if new immigration rule for citizenship is implemented then I can't have settled status in UK at least for another 3 years.
Any help would be highly appreciated.

Thanks and Regards
PC

dnicky · Post by **dnicky** » Sat Mar 28, 2009 9:35 am

I think another apsect that you will need to consider as well is about whether or not you will be paying taxes/NI in UK while working for the same employer in another country.

At the moment under the prevailing rules you have got enough leave to remain to take you through to ILR (assuming you are in the UK since past 3 years on HSMP), but with the proposed rule changes to ILR and citizenship, in all probability you may need to apply for further extension for your leave in which case the above point (taxes/NI in UK) may play a critical role.

ejobs_01 · Post by **ejobs_01** » Sat Mar 28, 2009 10:22 am

pcb_in wrote:Hi All,
Please, excuse me if it is not right forum to post and suggest the correct one:-
I am on HSMP for last 3 years and got extension till Oct 11.
I have two questions:-
1. My current employer is closing down its UK unit and I was given an option to move to the some other country if I want to continue my employment with them. Since the present job condition is not good in UK that is why I am thinking to accept that option for a short duration of 3 to 6 months and will come back to UK again to search a new job hoping that job market will improve by that time. To move to new country I will have to have work permit visa for that country.
So here is my question, if I come back in UK again with in 6 months and a short visit with in 90 days to UK, will my continuity be maintained in UK to apply for ILR/Provisional citizenship?
2. I have very big problem. My daughter is planning to go to university for her undergraduate course. She is on dependent visa till Oct. 2011.
The problem is that she is being considered as overseas student by all the five university she has applied for and got the conditional offer for admission. The reason they mentioned that the student can qualify for home fee if she/he has the settled status (means minimum ILR) in UK AND should be living in UK for last 3 years.
Can any one help me for this? Can I go to court on human right as rights of education because I can't afford the overseas fee which is 12 to 13 K per year compare to 3.2K per year in case of home student ?
Also if new immigration rule for citizenship is implemented then I can't have settled status in UK at least for another 3 years.
Any help would be highly appreciated.

Thanks and Regards
PC

PC,

I don't think it is a human rights issue because fees for overseas students are set by Universities and as you rightly pointed out without permanent residency, a student will be considered as overseas student.

Regards,

Markie · Post by **Markie** » Sat Mar 28, 2009 4:16 pm

for student international rates...the UNIs are quoting coreectly as she is not settled here (indefinite leave per se). High costs apply...ouch really.

ejobs_01 wrote:
pcb_in wrote:Hi All,
Please, excuse me if it is not right forum to post and suggest the correct one:-
I am on HSMP for last 3 years and got extension till Oct 11.
I have two questions:-
1. My current employer is closing down its UK unit and I was given an option to move to the some other country if I want to continue my employment with them. Since the present job condition is not good in UK that is why I am thinking to accept that option for a short duration of 3 to 6 months and will come back to UK again to search a new job hoping that job market will improve by that time. To move to new country I will have to have work permit visa for that country.
So here is my question, if I come back in UK again with in 6 months and a short visit with in 90 days to UK, will my continuity be maintained in UK to apply for ILR/Provisional citizenship?
2. I have very big problem. My daughter is planning to go to university for her undergraduate course. She is on dependent visa till Oct. 2011.
The problem is that she is being considered as overseas student by all the five university she has applied for and got the conditional offer for admission. The reason they mentioned that the student can qualify for home fee if she/he has the settled status (means minimum ILR) in UK AND should be living in UK for last 3 years.
Can any one help me for this? Can I go to court on human right as rights of education because I can't afford the overseas fee which is 12 to 13 K per year compare to 3.2K per year in case of home student ?
Also if new immigration rule for citizenship is implemented then I can't have settled status in UK at least for another 3 years.
Any help would be highly appreciated.

Thanks and Regards
PC
PC,

I don't think it is a human rights issue because fees for overseas students are set by Universities and as you rightly pointed out without permanent residency, a student will be considered as overseas student.

Regards,

pcb_in · Post by **pcb_in** » Sat Mar 28, 2009 4:17 pm

Thanks to Dnicky and ejobs_01.
Question to Dnicky.: As per new rule is it neccessary to pay NI/Taxes even if you are away from home even for less than 90 days in one time and and 180 days in total in five years? As I will not be paying any of this because I will get salary in the reloacting country not in UK.
if it is true then is it possible that I open a my own company here in UK as slefemployed and take the employment to abroad as a employee of my own company? In that case I can pay tax and NI both from my company's account.
PC

Immigrationboards.com: Immigration, work visa and work permit discussion board

Two questions realted to ILR:

Two questions realted to ILR:

Re: Two questions realted to ILR:

Re: Two questions realted to ILR: