ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

Can I apply for ILR in my situation?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
cmc_686
Newly Registered
Posts: 22
Joined: Sat Oct 30, 2010 12:35 pm

Can I apply for ILR in my situation?

Post by cmc_686 » Sat Oct 30, 2010 12:46 pm

Hi folks,

I have been working in the UK for nearly 5 years now and thinking to apply for the ILR. The question is if I was contracted in the UK by the company abroad in the first two year and was paid by the company abroad instead of the UK company and I didn't pay the tax here, was that first two years also counted for the 5 continuous years?

The other question is when the company in the UK applied for my second work permit before my first visa expired I was outside the UK and after the company here got the work permit, I applied for the visa abroad. When I got my visa, the issue date was already over the expiration date of my first visa, so is this a gap or is it still continuous?

Thank you very much and wish everyone good luck!

cmc_686
Newly Registered
Posts: 22
Joined: Sat Oct 30, 2010 12:35 pm

Post by cmc_686 » Sat Oct 30, 2010 2:43 pm

Can anybody help me please??Thanksssss!!!!!

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Mon Nov 01, 2010 2:01 pm

1- in my opinion u dont have a chance. 2 years being paid outside of UK, what are your grounds for claiming ILR in this country? u clearly didnt stay here and clearly didnt contribute anything to economy of this country. how can u apply?

2- u clearly have a gap in your residence, your clock resets when u enter the country second time.

tintin
Member
Posts: 153
Joined: Mon Mar 01, 2010 9:41 am
Location: U.K.

Post by tintin » Mon Nov 01, 2010 2:06 pm

I can answer the 2nd question - i have a freind who was in the same situation. His first contract expired and he returned to his home country. he cam back 2 months later on a new work permit and visa. There was a gap of about 50 days between his first work permit cancelled and the new visa granted. he got his ILR last year.

However any single gap should be less than 90 days.

Regarding your first question, I have not come across anything on UKBA site that lists out any requirements for paying tax in the UK. the best bet is that you call UKBA and ask them, or wait for a more experienced member or a moderator to answer.

cmc_686
Newly Registered
Posts: 22
Joined: Sat Oct 30, 2010 12:35 pm

Post by cmc_686 » Tue Nov 02, 2010 9:00 am

xyz123 wrote:1- in my opinion u dont have a chance. 2 years being paid outside of UK, what are your grounds for claiming ILR in this country? u clearly didnt stay here and clearly didnt contribute anything to economy of this country. how can u apply?

2- u clearly have a gap in your residence, your clock resets when u enter the country second time.
Thanks for your reply. I think you misunderstood my situation. For the first two years I was definitely working in the UK and it's because I was contracted by another company abroad to work here, I was paid by that company instead of the British company I worked for.

cmc_686
Newly Registered
Posts: 22
Joined: Sat Oct 30, 2010 12:35 pm

Post by cmc_686 » Tue Nov 02, 2010 9:03 am

tintin wrote:I can answer the 2nd question - i have a freind who was in the same situation. His first contract expired and he returned to his home country. he cam back 2 months later on a new work permit and visa. There was a gap of about 50 days between his first work permit cancelled and the new visa granted. he got his ILR last year.

However any single gap should be less than 90 days.

Regarding your first question, I have not come across anything on UKBA site that lists out any requirements for paying tax in the UK. the best bet is that you call UKBA and ask them, or wait for a more experienced member or a moderator to answer.
Thank you very much for your kind reply. Did your friend write any covering letter and did he have a personal interview or postage application for the ILR?

Thanks again.

tintin
Member
Posts: 153
Joined: Mon Mar 01, 2010 9:41 am
Location: U.K.

Post by tintin » Tue Nov 02, 2010 9:36 am

My friend applied in person at the Sheffield PEO.

I am not too sure if he took a covering letter with him but I suppose its always a good idea to have one.

The most important document that you would need is a letter from your employer stating that the gap was due to a business case. You may struggle if you are unable to get such a letter.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Tue Nov 02, 2010 9:38 am

cmc_686 wrote:Thanks for your reply. I think you misunderstood my situation. For the first two years I was definitely working in the UK and it's because I was contracted by another company abroad to work here, I was paid by that company instead of the British company I worked for.
what visa were you on? i havent heard of someone being on WP and then not getting paid in this country, so may be i was mistaken.

i am still not sure about your gap in visa. wait for mods to reply. sush / john can u shed some light here?

cmc_686
Newly Registered
Posts: 22
Joined: Sat Oct 30, 2010 12:35 pm

Post by cmc_686 » Tue Nov 02, 2010 9:54 am

xyz123 wrote:
cmc_686 wrote:Thanks for your reply. I think you misunderstood my situation. For the first two years I was definitely working in the UK and it's because I was contracted by another company abroad to work here, I was paid by that company instead of the British company I worked for.
what visa were you on? i havent heard of someone being on WP and then not getting paid in this country, so may be i was mistaken.

i am still not sure about your gap in visa. wait for mods to reply. sush / john can u shed some light here?
Hi I was on work permit and I was contracted to work for the UK company. The company in UK paid to the company abroad and the company abroad paid me afterwards.

Thank you for your help.

cmc_686
Newly Registered
Posts: 22
Joined: Sat Oct 30, 2010 12:35 pm

Post by cmc_686 » Tue Nov 02, 2010 9:56 am

tintin wrote:My friend applied in person at the Sheffield PEO.

I am not too sure if he took a covering letter with him but I suppose its always a good idea to have one.

The most important document that you would need is a letter from your employer stating that the gap was due to a business case. You may struggle if you are unable to get such a letter.
Hi Thanks very much. It's really a good idea to get one covering letter and I don't think it will be a problem to get one.

I will see how it goes, but all your kind help is really much appreciated.

cmc_686
Newly Registered
Posts: 22
Joined: Sat Oct 30, 2010 12:35 pm

Post by cmc_686 » Wed Nov 03, 2010 9:04 am

Any more inputs, folks?

Thanks very much.

Locked