Minimum Stay in UK requirement on Tier 1 visa???????

[autocrazy]

Hi All

I am currently in the UK on Tier 1 since November 2008. I work for UK registered company that happens to be a 100% subsidiary of an Indian company.

Now my employers are suggesting I base myself for 6 month period in the parent company in India. I shall still be employed by the UK company, paid a UK salary, but work in India for 6 months, specific to the need of the project I am currently working on. Meanwhile my wife, who is a dependant will still be based in UK, as she is pursuing her PhD.

My question to all intellegent and experienced immigration boards members is, how this affects my stay in the UK requirement under Tier 1 visa? I have not clearly seen any directive on BIA website that specifies a minimum stay during (3+2 years) on Tier 1 visa for me to eligible for ILR. If somebody can guide me on this, I will most appreciate.

I remember under original (first) HSMP rules only 6 months was permitted outside the country of the 4 years stay required in UK to be eligible for ILR

Thank you. Awaiting your response.

[ChetanOjha]

I think you should be fine as you are earning salary in India and moving out of the country for Business. You have to provide evidence at the time of ILR that you moved due to business reasons. You emmployer also needs to support you on that. Your employer can give you letter stating the same. Also since you will be getting UK salary(in UK bank) and paying taxes in UK, I think you should be fine.

If some enterprenur setup some business in UK and have to travell across the globe due to business reasons, that doesn't disqualify him for ILR.

Hi All

I am currently in the UK on Tier 1 since November 2008. I work for UK registered company that happens to be a 100% subsidiary of an Indian company.

Now my employers are suggesting I base myself for 6 month period in the parent company in India. I shall still be employed by the UK company, paid a UK salary, but work in India for 6 months, specific to the need of the project I am currently working on. Meanwhile my wife, who is a dependant will still be based in UK, as she is pursuing her PhD.

My question to all intellegent and experienced immigration boards members is, how this affects my stay in the UK requirement under Tier 1 visa? I have not clearly seen any directive on BIA website that specifies a minimum stay during (3+2 years) on Tier 1 visa for me to eligible for ILR. If somebody can guide me on this, I will most appreciate.

I remember under original (first) HSMP rules only 6 months was permitted outside the country of the 4 years stay required in UK to be eligible for ILR

Thank you. Awaiting your response.

[autocrazy]

[quote="chetanojha"]I think you should be fine as you are earning salary in India and moving out of the country for Business. You have to provide evidence at the time of ILR that you moved due to business reasons. You emmployer also needs to support you on that. Your employer can give you letter stating the same. Also since you will be getting UK salary(in UK bank) and paying taxes in UK, I think you should be fine.

If some enterprenur setup some business in UK and have to travell across the globe due to business reasons, that doesn't disqualify him for ILR.

Hi

Do you have any links to BIA website that clarifies this further? I mean, I am with you on this and the logic behind it, but until I can confirm the same from BIA sources, it remains a grey area.

Logic sometimes, does not work with BIA, I am afraid!

Regards

[nksg]

autocrazy,

I to agree with Chetan. Though there is no link (cannot find any thing) but many of my friends got ILR by the same route.

I know some one who got ILR even he was working offshore for more than 6 months but :

1. He stick to the same company.
2. There was no gap in his work Visa.

All he did was to take a letter from the employer stating his work situation.

NK

[autocrazy]

autocrazy,

I to agree with Chetan. Though there is no link (cannot find any thing) but many of my friends got ILR by the same route.

I know some one who got ILR even he was working offshore for more than 6 months but :

1. He stick to the same company.
2. There was no gap in his work Visa.

All he did was to take a letter from the employer stating his work situation.

NK

That is interesting, but yet not convincing. As unless we can get some proof of this from BIA, we are on a sticky wicket. I am surprised no one on the forum has faced this problem before!

[crowbar6]

Autocrazy,

I suggest you write to BIA on their email address and ask them this query. Their response will be the 'proof' you are looking for.

autocrazy,

I to agree with Chetan. Though there is no link (cannot find any thing) but many of my friends got ILR by the same route.

I know some one who got ILR even he was working offshore for more than 6 months but :

1. He stick to the same company.
2. There was no gap in his work Visa.

All he did was to take a letter from the employer stating his work situation.

NK

That is interesting, but yet not convincing. As unless we can get some proof of this from BIA, we are on a sticky wicket. I am surprised no one on the forum has faced this problem before!

[autocrazy]

Autocrazy,

I suggest you write to BIA on their email address and ask them this query. Their response will be the 'proof' you are looking for.

autocrazy,

I to agree with Chetan. Though there is no link (cannot find any thing) but many of my friends got ILR by the same route.

I know some one who got ILR even he was working offshore for more than 6 months but :

1. He stick to the same company.
2. There was no gap in his work Visa.

All he did was to take a letter from the employer stating his work situation.

NK

That is interesting, but yet not convincing. As unless we can get some proof of this from BIA, we are on a sticky wicket. I am surprised no one on the forum has faced this problem before!

Could you help me with the e-mail and postal address, I shall write to them. I guess their response should be beneficial to one and all on the forum.

Cheers