Am I eligible for ILR?

[sreddy]

Hi all,

I am wondering if any one can help me about my qualificaiton for ILR.

I lived in UK for 4 years and 3 Months on workpermit and Tier 1. And I left UK in march 2010 for a job offer in middle east (although its a UK based company company but I'll will be based in middle east and salay paid in middle east).

I would have been eligible for ILR in Nov 2010 if I remained in UK. Since I anyway wrk for UK based company will I still be eligible to apply for ILR saying company sent me to middle east on job?

Or to qualify for ILR...what should I do? I still have valid Tier 1 until June 2011

Thanks a lot in advance.

Any help/info is greatly appreciated

Regards,
Reddy

[geriatrix]

Since I anyway wrk for UK based company will I still be eligible to apply for ILR saying company sent me to middle east on job?

No, because you are being paid in middle-east. Therefore no UK income or tax contributions ... therefore no proof of continuity of residence in the UK (living abroad, working abroad, earning abroad).

Or to qualify for ILR...what should I do? I still have valid Tier 1 until June 2011

Will your employer be ready to pay your salary (and taxes) in UK? This might help prove that you continue to maintain residency in UK.


regards

[Pierrot95]

Did you get the position based on tour Tier 1 status?
If yes, I would think that you can consider yourself as a UK worker who is sent abroad just as anyone goes on job related trips, and your salary is paid there because it is more practical as you need the money to live there. A bit borderline I admit, but it would be a shame to miss your ILR as you are so close.

===

[geriatrix]

Did you get the position based on tour Tier 1 status?
If yes, I would think that you can consider yourself as a UK worker who is sent abroad just as anyone goes on job related trips, and your salary is paid there because it is more practical as you need the money to live there. A bit borderline I admit, but it would be a shame to miss your ILR as you are so close.

===

A short business trip / work related overseas assignment is different from (permanent) posting outside the UK. Don't be confused between the two, specially so when income is also being earned outside UK.

You argument is good for Tier 1 extension, but the basis on which ILR is granted is continuity of residence and economic activity in the UK.

regards

[sreddy]

Since I anyway wrk for UK based company will I still be eligible to apply for ILR saying company sent me to middle east on job?

No, because you are being paid in middle-east. Therefore no UK income or tax contributions ... therefore no proof of continuity of residence in the UK (living abroad, working abroad, earning abroad).

Or to qualify for ILR...what should I do? I still have valid Tier 1 until June 2011

Will your employer be ready to pay your salary (and taxes) in UK? This might help prove that you continue to maintain residency in UK.

Thanks for your reply.

Well my employer is happy to pay my salary into my UK bank account but how do i got about paying tax/NI. Is it ok if dont pay NI/tax and file them next year

[sreddy]

Did you get the position based on tour Tier 1 status?
If yes, I would think that you can consider yourself as a UK worker who is sent abroad just as anyone goes on job related trips, and your salary is paid there because it is more practical as you need the money to live there. A bit borderline I admit, but it would be a shame to miss your ILR as you are so close.

I am travelling on business visa to Middle East
===

[sreddy]

Did you get the position based on tour Tier 1 status?
If yes, I would think that you can consider yourself as a UK worker who is sent abroad just as anyone goes on job related trips, and your salary is paid there because it is more practical as you need the money to live there. A bit borderline I admit, but it would be a shame to miss your ILR as you are so close.

===

A short business trip / work related overseas assignment is different from (permanent) posting outside the UK. Don't be confused between the two, specially so when income is also being earned outside UK.

You argument is good for Tier 1 extension, but the basis on which ILR is granted is continuity of residence and economic activity in the UK.

Since I am abroad on a business visa...if my salary is paid into UK bank account each month and I travel to UK each month until end of this year...will that work?

Thanks a lot your replies in advance
regards

[baldipsinghkohli]

I have a similar query as Mr. Reddy. The only difference being that I am still being paid UK salary and pay NI/tax contributions.

I have read that for ILR you cannot stay out of the UK for more than 15 months over the 5 year period.

Now if lets say I spend 16 months abroad, all on a company business trip, whilst at the same time being legally paid in the UK - am I still eligible?

Also I read that these 15 months are not to be taken as a whole but there is a limit of 3 months in a calendar year - for which you can stay out of the UK to still keep your qualification.

I have been abroad on business assignment for last one year. I am confused that whether I will give relaxation in this case as I am still being paid in the UK?


Really appreciate your help.

[senthil78]

I have a similar query as Mr. Reddy. The only difference being that I am still being paid UK salary and pay NI/tax contributions.

I have read that for ILR you cannot stay out of the UK for more than 15 months over the 5 year period.

Now if lets say I spend 16 months abroad, all on a company business trip, whilst at the same time being legally paid in the UK - am I still eligible?

Also I read that these 15 months are not to be taken as a whole but there is a limit of 3 months in a calendar year - for which you can stay out of the UK to still keep your qualification.

I have been abroad on business assignment for last one year. I am confused that whether I will give relaxation in this case as I am still being paid in the UK?


Really appreciate your help.

I don't understand where the 15 months came from? The maximum absence for the 5 years residency is 180 days and it should not exceed 90 days at a stretch. However, if it is business trip, you get away from that.

[Natita]

I am also in similar situation: in UK for 4 years on WP, now on 1-year assignment in UAE, salary paid in UAE and is tax-free. A friend of mine advised to file UK tax, based on remittance back to UK. Now this is the tricky, one of the reasons of coming here is the tax-free salary, on the other hand declaring non-residency to Revenue may be a treat to ILR (people say they do not have 'link' but we will want to be on the safe side). Further more, contribution of tax and NI will be considered as 'good character' in Naturalisation application - I know it's not the case yet but that's ultimate goal, for me anyway.

Best of luck with your ILR - please keep us posted.

[fahadz1]

I have a similar query as Mr. Reddy. The only difference being that I am still being paid UK salary and pay NI/tax contributions.

I have read that for ILR you cannot stay out of the UK for more than 15 months over the 5 year period.

Now if lets say I spend 16 months abroad, all on a company business trip, whilst at the same time being legally paid in the UK - am I still eligible?

Also I read that these 15 months are not to be taken as a whole but there is a limit of 3 months in a calendar year - for which you can stay out of the UK to still keep your qualification.

I have been abroad on business assignment for last one year. I am confused that whether I will give relaxation in this case as I am still being paid in the UK?


Really appreciate your help.

ya me as well thinking... where this 15th month info came out ? any link or ref plz ?

[mfwales]

I think 15 months is for naturalisation application only and not for ILR.