Applying in Jan - Complicated situation

[balak2]

I am applying for my Tier 1 from India in Jan 2010. I have been working in UK before on Fresh Talent: Working in Scotland scheme. However my visa was expiring in Feb 2008. My employer applied for work permits twice and it was rejected. So I left UK before my visa expiry. However, I discussed my work permit situation with my employer and they agreed to apply for a third application with me outside the country.

As the work permit decision was still pending, I was still on their payroll and my salary was deposited into my UK bank. Finally the decision was made in the end of April and unfortunately it was not in my favour. I thanked the company and we decided to move on. The last salary deposit was made to my account on 6th June 2008 into my UK account. Please note that while my salary and taxes were paid for the month of Mar, Apr, May and Jun, I was outside the country.

My doubt is when I go in for an application for Tier 1 in Jan 2010, the British High Comission will see that the salary and the corresponding taxes were paid till 06-Jun-2008 even though I left the country in Feb 2008. Will this have any negative influence on my application, say a ban or something? Kindly advise me in this case

[republique]

I am applying for my Tier 1 from India in Jan 2010. I have been working in UK before on Fresh Talent: Working in Scotland scheme. However my visa was expiring in Feb 2008. My employer applied for work permits twice and it was rejected. So I left UK before my visa expiry. However, I discussed my work permit situation with my employer and they agreed to apply for a third application with me outside the country.

As the work permit decision was still pending, I was still on their payroll and my salary was deposited into my UK bank. Finally the decision was made in the end of April and unfortunately it was not in my favour. I thanked the company and we decided to move on. The last salary deposit was made to my account on 6th June 2008 into my UK account. Please note that while my salary and taxes were paid for the month of Mar, Apr, May and Jun, I was outside the country.

My doubt is when I go in for an application for Tier 1 in Jan 2010, the British High Comission will see that the salary and the corresponding taxes were paid till 06-Jun-2008 even though I left the country in Feb 2008. Will this have any negative influence on my application, say a ban or something? Kindly advise me in this case

So you were still working for them, even though you were out of the country??

[push]

I am applying for my Tier 1 from India in Jan 2010. I have been working in UK before on Fresh Talent: Working in Scotland scheme. However my visa was expiring in Feb 2008. My employer applied for work permits twice and it was rejected. So I left UK before my visa expiry. However, I discussed my work permit situation with my employer and they agreed to apply for a third application with me outside the country.

As the work permit decision was still pending, I was still on their payroll and my salary was deposited into my UK bank. Finally the decision was made in the end of April and unfortunately it was not in my favour. I thanked the company and we decided to move on. The last salary deposit was made to my account on 6th June 2008 into my UK account. Please note that while my salary and taxes were paid for the month of Mar, Apr, May and Jun, I was outside the country.

My doubt is when I go in for an application for Tier 1 in Jan 2010, the British High Comission will see that the salary and the corresponding taxes were paid till 06-Jun-2008 even though I left the country in Feb 2008. Will this have any negative influence on my application, say a ban or something? Kindly advise me in this case

The key point here is - you were still employed by your employer and thats why you got paid. Your presence in UK is not relevant as long as the you were eligible to work in UK during the relevant period (which you were as the application must have been submitted within the permitted timeframe from the dates of prior rejections) - However I dont understand why did you get Salary credits for the periods after the WP rejection in April?

[push]

Your earlier employer seems to be very employer friendly here - looks like too much for HO to be comfortable about the company itself

[mahdi]

Your earlier employer seems to be very employer friendly here - looks like too much for HO to be comfortable about the company itself

Why the Home Office is not friendly with that? a company can employ any one and you can work from home!

so now does the May and June months will be taken in to account?

[balak2]

Yes I was working for them from India. The company was quite keen to have me on board as they were very happy with my work. They informed about the third rejection in the end of April and even though I stopped working for them, they gave me a grace period of one month for me to look for an alternative job in India and it was decided that 06-JUN-2008 would be officially my last working day with them. The date 06-JUN-2008 was decided as this coincided with their monthly salary deposit into employees accounts.

Could somebody please suggest whether I should apply in the light of these scenarios? I don't want to take any risks by having a black mark in my passport.

Also, even though it's irrelevant, the company is quite a reputed company in Scotland.

[mahdi]

What were the reasons for rejections may I ask?

[balak2]

The reason for rejection was salary. The company was paying me £20,000, which I believe was quite acceptable for Scotland for a graduate job.

Could somebody please suggest if there is any risk associated with my application?

[pkumar]

Thinking what will case worker thing

- Work permit expired
- Still getting paid in UK
- Also ... visa rejected 2/3 times ...
- Hmmm ....

but does it make any difference now that you left country before decision was made? ... don't think your situation is complex given that you not showing salary during that period for Tier 1.

question is .... can a person get paid in UK and pay NI when his visa is expired? is it legal? ... may be talk to solicitor just so that you can prepare a letter to justify it ... but if it is illegal then you need to be carefull.

[balak2]

Could some experts throw some light into my case? Looking back, I could have stayed back and made an in country application. But unfortunately, I left UK before the end of the visa period as I was quite nervous to stay back and whether this would put me as an overstayer.

[push]

Your earlier employer seems to be very employer friendly here - looks like too much for HO to be comfortable about the company itself

Why the Home Office is not friendly with that? a company can employ any one and you can work from home!

so now does the May and June months will be taken in to account?

This relates to rejection of WP application but forget about it -its not relevant to the main question raised

[republique]

Could some experts throw some light into my case? Looking back, I could have stayed back and made an in country application. But unfortunately, I left UK before the end of the visa period as I was quite nervous to stay back and whether this would put me as an overstayer.

Excuse me. Calm down. People need information to provide sound advice.
When you bring up ban. You concern me and make me wonder if you were working in the UK beyond the expiration date of your visa, although you have said otherwise. So the next logical conclusion is that you feel the Uk authorities will feel this way because you were paid despite being outside of the UK.
Is this correct? You see you leave enough information out that one has to wonder where you are going with your question and what is your actual concern.
I can make a couple other presumptions and provide an answer but it seems when I do so, I get slammed for making misleading comments so I prefer and many others continue to ask you questions to get the full picture.

[balak2]

Could some experts throw some light into my case? Looking back, I could have stayed back and made an in country application. But unfortunately, I left UK before the end of the visa period as I was quite nervous to stay back and whether this would put me as an overstayer.

Excuse me. Calm down. People need information to provide sound advice.
When you bring up ban. You concern me and make me wonder if you were working in the UK beyond the expiration date of your visa, although you have said otherwise. So the next logical conclusion is that you feel the Uk authorities will feel this way because you were paid despite being outside of the UK.
Is this correct? You see you leave enough information out that one has to wonder where you are going with your question and what is your actual concern.
I can make a couple other presumptions and provide an answer but it seems when I do so, I get slammed for making misleading comments so I prefer and many others continue to ask you questions to get the full picture.

Sorry, I became a little desperate in my earlier posts.

My visa was getting expired on 08-FEB-2008 and I left UK on 05-FEB-08. It is true that even though I was outside of the UK since 05-FEB-2008, I was still employed and my salary was getting paid as usual till 06-JUN-08 into my UK account.

The reason I am nervous is how will the UK authorities look at my case. Even though I was outside the country, I was still getting paid and where does that put my case?

Hope I have been clear and if you need more details, please do let me know. Thanks.

[vks]

Could some experts throw some light into my case? Looking back, I could have stayed back and made an in country application. But unfortunately, I left UK before the end of the visa period as I was quite nervous to stay back and whether this would put me as an overstayer.

Excuse me. Calm down. People need information to provide sound advice.
When you bring up ban. You concern me and make me wonder if you were working in the UK beyond the expiration date of your visa, although you have said otherwise. So the next logical conclusion is that you feel the Uk authorities will feel this way because you were paid despite being outside of the UK.
Is this correct? You see you leave enough information out that one has to wonder where you are going with your question and what is your actual concern.
I can make a couple other presumptions and provide an answer but it seems when I do so, I get slammed for making misleading comments so I prefer and many others continue to ask you questions to get the full picture.

Sorry, I became a little desperate in my earlier posts.

My visa was getting expired on 08-FEB-2008 and I left UK on 05-FEB-08. It is true that even though I was outside of the UK since 05-FEB-2008, I was still employed and my salary was getting paid as usual till 06-JUN-08 into my UK account.

The reason I am nervous is how will the UK authorities look at my case. Even though I was outside the country, I was still getting paid and where does that put my case?

Hope I have been clear and if you need more details, please do let me know. Thanks.

Well! Two questions!

1. What were the reasons for 2 rejections earlier?
2. What is your previous earnings period that your are planning to specify for your Tier1 application?

[mahdi]

This is exactly my case...., I am thinking of claiming back the NI and Tax because I did not know that it is illegal to pay NI when you have not got a valid UK work permit while you are outside the UK.

But will that really rings some bells for the case worker or it just shows that you are a good employee and that the company still employs you while you were outside the UK means you are a good asset?

I have just checked that NI claim back form, and there is a question which says if you intend to live outside the UK permanently? Well I do not know the answer to that question because if I will be given he issue then no otherwise yes. should I say that I am planning to apply for a visa?

[republique]

This is exactly my case...., I am thinking of claiming back the NI and Tax because I did not know that it is illegal to pay NI when you have not got a valid UK work permit while you are outside the UK.

But will that really rings some bells for the case worker or it just shows that you are a good employee and that the company still employs you while you were outside the UK means you are a good asset?

I have just checked that NI claim back form, and there is a question which says if you intend to live outside the UK permanently? Well I do not know the answer to that question because if I will be given he issue then no otherwise yes. should I say that I am planning to apply for a visa?

That is not necessarily true nor is this your case. The payments you received could be from holiday not taken and does not make the contribution of NI and Tax illegal. Therefore, stop jumping around to different issues. Further you are unlikely to get get NI contributions back anyway so just leave that alone.

[balak2]

Could some experts throw some light into my case? Looking back, I could have stayed back and made an in country application. But unfortunately, I left UK before the end of the visa period as I was quite nervous to stay back and whether this would put me as an overstayer.

Excuse me. Calm down. People need information to provide sound advice.
When you bring up ban. You concern me and make me wonder if you were working in the UK beyond the expiration date of your visa, although you have said otherwise. So the next logical conclusion is that you feel the Uk authorities will feel this way because you were paid despite being outside of the UK.
Is this correct? You see you leave enough information out that one has to wonder where you are going with your question and what is your actual concern.
I can make a couple other presumptions and provide an answer but it seems when I do so, I get slammed for making misleading comments so I prefer and many others continue to ask you questions to get the full picture.

Sorry, I became a little desperate in my earlier posts.

My visa was getting expired on 08-FEB-2008 and I left UK on 05-FEB-08. It is true that even though I was outside of the UK since 05-FEB-2008, I was still employed and my salary was getting paid as usual till 06-JUN-08 into my UK account.

The reason I am nervous is how will the UK authorities look at my case. Even though I was outside the country, I was still getting paid and where does that put my case?

Hope I have been clear and if you need more details, please do let me know. Thanks.

Well! Two questions!

1. What were the reasons for 2 rejections earlier?
It was mostly due to incorrect wordings of the advertisement and the salary.

2. What is your previous earnings period that your are planning to specify for your Tier1 application?
I am planning to show 2009 for the previous earnings period

May I request any Gurus to offer their comments on my case?

[mahdi]

That is not necessarily true nor is this your case. The payments you received could be from holiday not taken and does not make the contribution of NI and Tax illegal. Therefore, stop jumping around to different issues. Further you are unlikely to get get NI contributions back anyway so just leave that alone.

Well that is not right...I think we have the same issue because both of us were not aware that it could be illegal to pay NI and Tax it does not matter if it is one month or three. Yes, you can argue with the holiday thing but deep down you know it was not the case.

Moreover, I do not care about my NI and tax back what I do care about is that I do not want to get banned or blacklisted because of something I was unaware of.

[vks]

[/quote]

Well! Two questions!

1. What were the reasons for 2 rejections earlier?
It was mostly due to incorrect wordings of the advertisement and the salary.

2. What is your previous earnings period that your are planning to specify for your Tier1 application?
I am planning to show 2009 for the previous earnings period
[/quote]

As you are claiming 2009 year as your past earning(which has been earned after you left UK), there won't be any problem for you on the earnings front. But when there is a rejection in the past, HO would dig it again.


May I request any Gurus to offer their comments on my case?[/quote]

[balak2]

Do I have to mention my work permit rejection when applying for Tier1 visa? These are work permit rejections and not any Further Leave To Remain visa rejections. As this was in 2008, it was the old system where you lodge the work permit application and once it is approved, you apply for the visa. There is absolutely no indication of these rejections in my passport.

Also, the application specifies to mention only about visa rejections and not work permit rejections.

Either way, I don't have any problem in mentioning the work permit rejections on my Tier 1 application.

[vks]

Do I have to mention my work permit rejection when applying for Tier1 visa? These are work permit rejections and not any Further Leave To Remain visa rejections. As this was in 2008, it was the old system where you lodge the work permit application and once it is approved, you apply for the visa. There is absolutely no indication of these rejections in my passport.

Also, the application specifies to mention only about visa rejections and not work permit rejections.

Either way, I don't have any problem in mentioning the work permit rejections on my Tier 1 application.

There are questions that ask for the Home Office reference numbers in Tier1 Guidance forms. So they would be able to link all your previous applications based on them. (Question B10, B11 from Tier 1 General application form P-11)

I have not seen any question apart from the above mentioned on Tier1 form.

You should be well prepared, as you are taking a risk and there may an impact, if HO decides your Tier 1 Visa negatively. (The risk is that it would have implications for any Visas, not just UK)

My wishes to you this time! Good luck!

[balak2]

I contacted my previous company for clarifications and it seems that they have given an applicaion for administrative review for my third rejection letter(dated around the end of April 2008). The response from Home Office is dated on 09-JUN-2008.

FYI, I have a copy of all the official Home Office letters.

So does that mean I am on the safe side as my last payment was made on 06-JUN-20008?