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URGENT ILR Application query !!!!

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

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camcan
Newbie
Posts: 40
Joined: Tue Mar 10, 2009 4:26 pm
Location: London

URGENT ILR Application query !!!!

Post by camcan » Tue Jan 10, 2012 6:51 pm

Hi All,

I would really appreciate if somebody can help me with the following questions. I am on a permanent job and have been for the last 4 years, earning more than required gross salary. I have now been offered a contract that would need me to setup a LTD company and require me to travel abroad to Europe mainly Mon-Fri for business reasons. I need to decide and accept the offer by close of business Thursday so is very urgent. My queries are as follows broken into Pay and Stay sections

PAY

1) If I setup my own LTD Company, I would be the director of the company with monthly salary less than £700 and then also would get paid dividends of £1800 approximately. This makes up £30,000 required for ILR. Can I claim the sum of dividends and monthly salary as gross income for ILR? The evidence would be Pay slips, Dividend slips and the personal bank statement confirming payment. Is this evidence and method OK? (Considering that the accountant recommends that the dividends of up to 34000 pounds paid over the year and basic salary of 700 pounds will not incur taxes)

STAY

2) If my travel exceeds the 90 day limit for the last year before ILR, due to multiple trips to Europe for business (mostly Mon-Fri) and the overall stay over 5 years stays under "180" days, is this case straightforward or would it be to the discretion of UKBA?
OR
Would it be better to ensure that the total absence outside UK stays under 90 days for last year prior to ILR application and fewer than 180 days over the period of 5 years? Would this method ensure that no discretion involved?

3) Does the 90 day rule apply only to a single continuous trip or it applies to multiple short stays (for e.g. Mon-Fri) as well?

CONCLUDING QUESTION

4) Is it better to just wait for my last year and apply for ILR in December 2012? To keep things simple, earn less on the permanent and after getting ILR go contracting?

5) If it is better to keep permanent job, please let me know whether it is due to discontinuous stay (above 90 days over 4 years) involved or Gross Salary (Through Dividends/pay slips)?

**********Please supply any links from UKBA covering the above queries if possible***************


I would really appreciate if people who have been in similar situation and have applied for ILR share their experience/opinion. I would definitely request guidance from Moderator/Senior members on the queries above.

Kind Regards
Cam
[/b]

Chikky
Junior Member
Posts: 69
Joined: Mon Jan 02, 2012 9:05 pm

Post by Chikky » Wed Jan 11, 2012 12:46 pm

if you have proper documents and company letter showing you were working outside the country but paid in UK then it think it should be fine.

However if i am in your shoes i would get my ILR before moving into contracting. Remember at the end of the day it is the case workers discretion to consider your case and i would not take a chance if ILR is important for you.

Cheers

ilr_hsmp2007
Junior Member
Posts: 67
Joined: Wed Sep 07, 2011 8:20 pm

Re: URGENT ILR Application query !!!!

Post by ilr_hsmp2007 » Wed Jan 11, 2012 1:28 pm

camcan wrote:Hi All,

I would really appreciate if somebody can help me with the following questions. I am on a permanent job and have been for the last 4 years, earning more than required gross salary. I have now been offered a contract that would need me to setup a LTD company and require me to travel abroad to Europe mainly Mon-Fri for business reasons. I need to decide and accept the offer by close of business Thursday so is very urgent. My queries are as follows broken into Pay and Stay sections

PAY

1) If I setup my own LTD Company, I would be the director of the company with monthly salary less than £700 and then also would get paid dividends of £1800 approximately. This makes up £30,000 required for ILR. Can I claim the sum of dividends and monthly salary as gross income for ILR? The evidence would be Pay slips, Dividend slips and the personal bank statement confirming payment. Is this evidence and method OK? (Considering that the accountant recommends that the dividends of up to 34000 pounds paid over the year and basic salary of 700 pounds will not incur taxes)

STAY

2) If my travel exceeds the 90 day limit for the last year before ILR, due to multiple trips to Europe for business (mostly Mon-Fri) and the overall stay over 5 years stays under "180" days, is this case straightforward or would it be to the discretion of UKBA?
OR
Would it be better to ensure that the total absence outside UK stays under 90 days for last year prior to ILR application and fewer than 180 days over the period of 5 years? Would this method ensure that no discretion involved?

3) Does the 90 day rule apply only to a single continuous trip or it applies to multiple short stays (for e.g. Mon-Fri) as well?

CONCLUDING QUESTION

4) Is it better to just wait for my last year and apply for ILR in December 2012? To keep things simple, earn less on the permanent and after getting ILR go contracting?

5) If it is better to keep permanent job, please let me know whether it is due to discontinuous stay (above 90 days over 4 years) involved or Gross Salary (Through Dividends/pay slips)?

**********Please supply any links from UKBA covering the above queries if possible***************


I would really appreciate if people who have been in similar situation and have applied for ILR share their experience/opinion. I would definitely request guidance from Moderator/Senior members on the queries above.

Kind Regards
Cam
[/b]
ILR is getting tight process on income and absences outside UK

Points you need to consider -

1.WHAT-IF , your contract terminated after 1 or 2 months later, It will break your continuous income criteria. (forget 700 or 1800 tax saving options)

2. If you have traveled outside UK more than 180 days in last year (even each trip below 90 days) , You are making your application complicated.

Contracting is not a stable market at this moment,

You can do contracting once you have got ILR too.

so think before resigning your perm job,
move into contracting, once you have earned in perm job the min income required for ILR. (contracting income will be add on top)

camcan
Newbie
Posts: 40
Joined: Tue Mar 10, 2009 4:26 pm
Location: London

Re: URGENT ILR Application query !!!!

Post by camcan » Wed Jan 11, 2012 8:37 pm

ilr_hsmp2007 wrote:
camcan wrote:Hi All,

I would really appreciate if somebody can help me with the following questions. I am on a permanent job and have been for the last 4 years, earning more than required gross salary. I have now been offered a contract that would need me to setup a LTD company and require me to travel abroad to Europe mainly Mon-Fri for business reasons. I need to decide and accept the offer by close of business Thursday so is very urgent. My queries are as follows broken into Pay and Stay sections

PAY

1) If I setup my own LTD Company, I would be the director of the company with monthly salary less than £700 and then also would get paid dividends of £1800 approximately. This makes up £30,000 required for ILR. Can I claim the sum of dividends and monthly salary as gross income for ILR? The evidence would be Pay slips, Dividend slips and the personal bank statement confirming payment. Is this evidence and method OK? (Considering that the accountant recommends that the dividends of up to 34000 pounds paid over the year and basic salary of 700 pounds will not incur taxes)

STAY

2) If my travel exceeds the 90 day limit for the last year before ILR, due to multiple trips to Europe for business (mostly Mon-Fri) and the overall stay over 5 years stays under "180" days, is this case straightforward or would it be to the discretion of UKBA?
OR
Would it be better to ensure that the total absence outside UK stays under 90 days for last year prior to ILR application and fewer than 180 days over the period of 5 years? Would this method ensure that no discretion involved?

3) Does the 90 day rule apply only to a single continuous trip or it applies to multiple short stays (for e.g. Mon-Fri) as well?

CONCLUDING QUESTION

4) Is it better to just wait for my last year and apply for ILR in December 2012? To keep things simple, earn less on the permanent and after getting ILR go contracting?

5) If it is better to keep permanent job, please let me know whether it is due to discontinuous stay (above 90 days over 4 years) involved or Gross Salary (Through Dividends/pay slips)?

**********Please supply any links from UKBA covering the above queries if possible***************


I would really appreciate if people who have been in similar situation and have applied for ILR share their experience/opinion. I would definitely request guidance from Moderator/Senior members on the queries above.

Kind Regards
Cam
[/b]
ILR is getting tight process on income and absences outside UK

Points you need to consider -

1.WHAT-IF , your contract terminated after 1 or 2 months later, It will break your continuous income criteria. (forget 700 or 1800 tax saving options)

2. If you have traveled outside UK more than 180 days in last year (even each trip below 90 days) , You are making your application complicated.

Contracting is not a stable market at this moment,

You can do contracting once you have got ILR too.

so think before resigning your perm job,
move into contracting, once you have earned in perm job the min income required for ILR. (contracting income will be add on top)

Thanks for your advice.. Well in that case if I resign and my contract runs for 1 month I would have passed the level required by Home office i.e. 22,000 pounds becauese once I apply in january i can take the salary from oct to feb from permanent and then a month of sallary from contract would make this money and would qualify. I really would like if the moderators can help me out with the questions for the evidence of salary and stay related query. Please if can a senior member or moderator help !

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