TO THE EXPERTS>Tier 1 extension while doing expat assignm

[maggyfu1]

Hi everyone,

First of all, great job having this website, congratulations and pat on the back to all those who take time to respond to the queries of everyone and i am sure it has helped a lot of us sleep easy!

So i have a question for the seniors and anyone else who has been in a similar situation.

HSMP: sept 2007-Sept2009
Tier 1: Oct 2009- Oct 2012

My employer wants to place me on an expat assigment in an European country at a sister site. Basically i will pay taxes etc in the european country but will continue to have about 35% of my salary paid in the UK. Thus i am employed in the UK.

1- My assignment will run into mid 2014. SO my question is whether i can simply fly back to the UK near the expiry date of my Tier 1 and extend it?

2- Can i use combined earnings from the UK and European country to claim points in say Sept 2012?

3- I guess my chances of applying for ILR based on 5 years will be jeopardised, but do you think there is any remote chance of the days spent outside the UK considered as "for purposes of business" and therefore not considered?


Thanks everyone and many thanks in advance for your advise on this matter.

[geriatrix]

1. Yes.
2. Yes
3. Subject to caseworker discretion depending on the evidence(s) you provide to prove that continuous residency in UK is not broken in the qualifying period! Being paid (a proportion of salary) in UK will help. Agree with employer that they issue you a letter, as and when required, to certify such absence(s) from UK due to work related oversees assignment. If possible, make short trip to UK before absence reaches consecutive 90 days mark (e.g.- weekend trip to UK).
4. See also Chapter 6A - Settlement, for more details regarding settlement under current rules.


regards

[maggyfu1]

Hi sushdmehta,

Thanks for the quick reply.

Yes i will probably have to fly back regularly anyways and thuis will not break the 90 day rule ( at least i hope this will mean something when i decide to apply for ILR).

Another question, i switched to Tier 1 from HSMP in Sept 2009. This is in the period they derecognised bachelors degree's for points purposes. But as i was extending from HSMP i received full points for my Bachelors at the time.

1- But would i still get points for my Bachelors if and when i decide to re-extend my Tier 1 in 2012 as my current Tier 1 was obtained between Mar 2009-June2010?

Thanks agin for your help. Your answers will help me to plan out the next few years.