Tier 1 Ext., but worked only outside UK,, is it possible??

[evan]

Good day,
I have Tier1, General for 3 years, ending Apr. 2012.
I moved to UK a year ago with my family. Rented a flat, kids to school. But it was the wrong time to start career there, so after 7 months, I gave up and got a good job in Gulf. My family still in UK,
Is it possible to get extension next year?? even I have not worked for a single day in UK???? I can still collect points as I did first time..
Another issue, do I have to pay any taxes for my income overseas??? I have my insurance number, the same for my wife, but as I mentioned, we never used them. The only tax I’m paying is Council Tax for the apartment …

Please advise,,

Many thanks

[hussainkothari]

Is it possible to get extension next year?? even I have not worked for a single day in UK????

Yes. As per the guidelines you need to have enough points. But please be aware that you cannot use the upliftment ration any more on the earnings made in Gulf.

Another issue, do I have to pay any taxes for my income overseas??? I have my insurance number, the same for my wife, but as I mentioned, we never used them. The only tax I’m paying is Council Tax for the apartment …

I am not an expert at this, but AFAIK you need to pay income only in case you are a resident of that country and in this case you are not.

-H

[evan]

Thanks Hussein,
Actually, there is no upliftment for income in gulf region. (factor = 1).
But in principle you think it is possible to get extension without working in UK,, the concept is acceptable???
UK is now a residnce for my family rather for myself.
I hope if i get more feedback regarding Tax for income outside UK.
Many Thanks,,

[goldfish]

I think the concept is fine but you would need to make your extension application from within the UK - seniors could confirm.

You might also want to consider the long-term plan: if you are based outside the UK, you will not be able to get ILR due to absences. You would have to rely on the extension rules continuing to allow you to get extensions.

[main_2]

unfortunately I am not that optimistic,
I am in a similiar situation and have posted questions regarding this issue on some forums like this but no one can really show a real case proving that points can be received from overseas earnings received while abroad [/u]
please check this
http://www.ukba.homeoffice.gov.uk/worki ... s/#header2

An uplift ratio will not be applied to any earnings made while you were in the UK working for an overseas company. If you are already in the UK under Tier 1 (General) and you are applying to extend your stay, you cannot claim uplift rations on any overseas earnings.

the portion of the earnings which are not subject to an uplift ratio is referred as

any earnings made while you were in the UK working for an overseas company

I believe this gives a hint on how they interpret this issue. I really do not like to disappoint you but you should really be certain that things will go alright before you make serious changes in your life.

[Nata&]

Another issue, do I have to pay any taxes for my income overseas??? I have my insurance number, the same for my wife, but as I mentioned, we never used them. The only tax I’m paying is Council Tax for the apartment …

As far as I know if you have been less than 183 days in the UK, you are not a tax resident and do not have to pay UK taxes. If you want to check it for sure, give a call to HMRC helpline!

[goldfish]

but no one can really show a real case proving that points can be received from overseas earnings received while abroad

There are examples on this forum of people who have received points for overseas earnings.

...if you are already in the UK under Tier 1 (General) and you are applying to extend your stay, you cannot claim uplift ratios on any overseas earnings.

which implicitly acknowledges that you can claim points for overseas earnings

An uplift ratio will not be applied to any earnings made while you were in the UK working for an overseas company.

any earnings made while you were in the UK working for an overseas company

are not relevant to the OP because he is talking about earnings made outside the UK.


(Can't advise on the tax question though.)

[bani]

It will not work. You are not even using your Tier 1 visa. You are employed overseas (therefore no taxes), living overseas. The only thing you have in the UK are dependants.

Your options are –
1. come back to the UK, find an employer and work for a year so you can apply for your Tier 1 extension
2. have your dependants apply for their own visas so they can remain in the UK
3. relocate your family elsewhere

There will no longer be a Tier 1(General) after 6 April this year. So you cannot reapply to this programme.

[goldfish]

1. come back to the UK, find an employer and work for a year so you can apply for your Tier 1 extension

Where in the rules does it say you have to be here for a year?

I agree the case will look simpler if you are working for a UK employer when you apply to extend but this doesn't mean it is a mandatory requirement or that you will be automatically rejected if you are not.

There will no longer be a Tier 1(General) after 6 April this year. So you cannot reapply to this programme.

But we expect extensions will still be allowed, so if he can meet the extension requirements he is extending not "reapplying".

[Joy.Please]

Any update on this evan ? I too am in the same boat wanting to catch a flight to UK for extension.

[tier1_applicant]

Any update on this evan ? I too am in the same boat wanting to catch a flight to UK for extension.

one must understand the risk if just coming for visa extension e.g. passport stuck for many months and with overseas earnings if HO responds that they could not verify your overseas earnings you are no where and no work you can get here without clear status of your visa and also then applying for appeal etc. will make stay further longer and costly. but again not to discourage if you want to take such risk for your future

[Joy.Please]

I understand what you're saying. Thanks for reminding.

This is indeed a possibility. With the Govt. making its intentions clear against migration, the immigration officials too are not in a mood to cooperate.

I have the PEO appointment and the required documents but god knows whether I am flying or not.

one must understand the risk if just coming for visa extension e.g. passport stuck for many months and with overseas earnings if HO responds that they could not verify your overseas earnings you are no where and no work you can get here without clear status of your visa and also then applying for appeal etc. will make stay further longer and costly. but again not to discourage if you want to take such risk for your future

[vinny]

You may also have problems entering the UK.

[Sushil-ACCA]

Any update on this evan ? I too am in the same boat wanting to catch a flight to UK for extension.

u can earn any part of world and declare in uk taxes u will be fine

only issue will yr ILR , REST ALL ok to work abroad so long u have no work in UK BUT earning should properly documented and no upliftment

[main_2]

hi,
yes but this case is not the same. he can not declare tax for uk. as mentioned above the applicant is living and working abroad.
Is there anyone reading this thread who claimed points for the salary he received overseas while he was living overseas? I think this will give us some idea.

Any update on this evan ? I too am in the same boat wanting to catch a flight to UK for extension.

u can earn any part of world and declare in uk taxes u will be fine

only issue will yr ILR , REST ALL ok to work abroad so long u have no work in UK BUT earning should properly documented and no upliftment

[Sushil-ACCA]

THERE is no law in tax

that u can not do business abroad , sent money UK

IF U R OUT OF counntry for 182 days u can claim on tax paid as relief but all depends on applcnts

tax laws not restricting any way

HO is happy so long u take care of british laws

extn should not be issue only ilr is issue

[Joy.Please]

Well, I read something on those lines in other threads. But I thought I can get by by declaring my intention to live and work in the UK - which it is.

But what that link is telling is that the entry process is somewhat subjective. Even if I want to go find work and stay on - the IO may not believe me.

With so much dosh at stake - it's almost a deal breaker.

Thanks vinny.

You may also have problems entering the UK.

[evan]

Thanks for all replies,
It looks extension while working only outside UK is possible, as many have mentioned that as long as I can collect the required points.
However, I understand that I must be in UK during the extension procedure. Is it possible to apply for extension while in other country?? I don't think I can stay in UK more than a month (my annual leave) which might not be sufficient to get the extension, retrieve my passport and go back to my work outside UK again???

[tier1_applicant]

Thanks for all replies,
It looks extension while working only outside UK is possible, as many have mentioned that as long as I can collect the required points.
However, I understand that I must be in UK during the extension procedure. Is it possible to apply for extension while in other country?? I don't think I can stay in UK more than a month (my annual leave) which might not be sufficient to get the extension, retrieve my passport and go back to my work outside UK again???

You can apply from with in UK and your application processing may take as much time as home office wants. This way condition that extension is for people who are living in UK not someone who comes here for a month only is applied automatically.

[mulderpf]

Thanks for all replies,
It looks extension while working only outside UK is possible, as many have mentioned that as long as I can collect the required points.
However, I understand that I must be in UK during the extension procedure. Is it possible to apply for extension while in other country?? I don't think I can stay in UK more than a month (my annual leave) which might not be sufficient to get the extension, retrieve my passport and go back to my work outside UK again???

Why are you bothering to extend a visa you are not using? Tier 1 is not going to be around indefinitely and at some point they will have to phase it out. As it stands you cannot get any ILR from it, so I see no reason why you are going out of your way to renew it?

Anyway - you have to be in-country to apply for extension - it cannot be done outside the UK. It can take anything from a few hours to a few months to extend.

[SSEF]

Thanks for all replies,
It looks extension while working only outside UK is possible, as many have mentioned that as long as I can collect the required points.
However, I understand that I must be in UK during the extension procedure. Is it possible to apply for extension while in other country?? I don't think I can stay in UK more than a month (my annual leave) which might not be sufficient to get the extension, retrieve my passport and go back to my work outside UK again???

Why are you bothering to extend a visa you are not using? Tier 1 is not going to be around indefinitely and at some point they will have to phase it out. As it stands you cannot get any ILR from it, so I see no reason why you are going out of your way to renew it?

Anyway - you have to be in-country to apply for extension - it cannot be done outside the UK. It can take anything from a few hours to a few months to extend.

I understand completely why he wants to, in any gulf state, he wouldn't get free education and health care, because let's face it, he dumped his family in the UK knowing they would get this, the UAE he wouldnt get it, in fact he probably wouldnt even get a visa for them!

This is there is being an overhaull of the visa system, for cheats like this...he pays nothing to the UK tax system, yet his family enjoy the benefits of it...free schools and free health care! Thank this chap and others like him for the reforms!

[Aryan2013]

Thanks for all replies,
It looks extension while working only outside UK is possible, as many have mentioned that as long as I can collect the required points.
However, I understand that I must be in UK during the extension procedure. Is it possible to apply for extension while in other country?? I don't think I can stay in UK more than a month (my annual leave) which might not be sufficient to get the extension, retrieve my passport and go back to my work outside UK again???

Why are you bothering to extend a visa you are not using? Tier 1 is not going to be around indefinitely and at some point they will have to phase it out. As it stands you cannot get any ILR from it, so I see no reason why you are going out of your way to renew it?

Anyway - you have to be in-country to apply for extension - it cannot be done outside the UK. It can take anything from a few hours to a few months to extend.

I understand completely why he wants to, in any gulf state, he wouldn't get free education and health care, because let's face it, he dumped his family in the UK knowing they would get this, the UAE he wouldnt get it, in fact he probably wouldnt even get a visa for them!

This is there is being an overhaull of the visa system, for cheats like this...he pays nothing to the UK tax system, yet his family enjoy the benefits of it...free schools and free health care! Thank this chap and others like him for the reforms!

Tories would have done it, abuse or no abuse!!

The real impact of these draconian changes will be felt in 5 to 10 years time, not now.

[evan]

Wrong conclusion SSEF,,,,
I moved to UK more than a year ago with hopes to start a new life for me and my family. I spent a lot of my savings there, stayed many months without any income. The timing was really bad due to recession. Unlike vast majority of Tier1 immigrants, I’m not working in IT, besides I’m not Indian/Pakistani. So, it was like mission impossible.
I moved back to Gulf, my family will join me next week after finishing schooling.
That is the magic of Tier1 system, either you succeed, or you pour cash to the UK economy like I did. In both cases, UK economy will get the benefit.
I’m not an idiot to let my family alone in UK, and spend over GBP 24K/year just to get free schooling!!!
I thought the reason behind my wish to get an extension is so obvious that I don’t need to mention it. That is to keep the door open for another try in the future.

Anyway, thanks for all replies and good luck to all.

[mulderpf]

If you struggled before to get a job, it's not set to get any easier. With all the government cuts and companies still cutting back in general, there are now more people chasing fewer jobs than what there were 3 years ago and it's going to get worse...

[mharoon79]

Thanks for all replies,
It looks extension while working only outside UK is possible, as many have mentioned that as long as I can collect the required points.
However, I understand that I must be in UK during the extension procedure. Is it possible to apply for extension while in other country?? I don't think I can stay in UK more than a month (my annual leave) which might not be sufficient to get the extension, retrieve my passport and go back to my work outside UK again???

Why are you bothering to extend a visa you are not using? Tier 1 is not going to be around indefinitely and at some point they will have to phase it out. As it stands you cannot get any ILR from it, so I see no reason why you are going out of your way to renew it?

Anyway - you have to be in-country to apply for extension - it cannot be done outside the UK. It can take anything from a few hours to a few months to extend.

I am working as a IT lecturer in the UK(midland).I have got business in overseas and self employed registered for tax purposes. I was in overseas for 6 weeks and did self employed business there and avail good project. I had to back to the UK as the college started in September-12. I am still working on the project in the UK but the monies are being credit in overseas account as my clients reside there.

the query is

Can I claim overseas earning for the period while I was not physically present in overseas (i.e earnings after September 12 till Feb-13 approx)