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So you were still working for them, even though you were out of the country??balak2 wrote: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?balak2 wrote: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
Why the Home Office is not friendly with that? a company can employ any one and you can work from home!Your earlier employer seems to be very employer friendly here - looks like too much for HO to be comfortable about the company itself
This relates to rejection of WP application but forget about it -its not relevant to the main question raisedmahdi wrote:Why the Home Office is not friendly with that? a company can employ any one and you can work from home!Your earlier employer seems to be very employer friendly here - looks like too much for HO to be comfortable about the company itself
so now does the May and June months will be taken in to account?
Excuse me. Calm down. People need information to provide sound advice.balak2 wrote: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.
Sorry, I became a little desperate in my earlier posts.republique wrote:Excuse me. Calm down. People need information to provide sound advice.balak2 wrote: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.
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.
Well! Two questions!balak2 wrote:Sorry, I became a little desperate in my earlier posts.republique wrote:Excuse me. Calm down. People need information to provide sound advice.balak2 wrote: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.
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.
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.
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.mahdi wrote: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?
May I request any Gurus to offer their comments on my case?vks wrote:Well! Two questions!balak2 wrote:Sorry, I became a little desperate in my earlier posts.republique wrote:Excuse me. Calm down. People need information to provide sound advice.balak2 wrote: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.
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.
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.
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
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.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.
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)balak2 wrote: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.