323 Days outside UK. 80 Days without UK Salary

[wahasif]

I came to UK on 3rd Aug 2007 on Company Work Permit. On 1st Aug 2008, I got Tier1 (General) Resident Permit.
I got the Tier1 extended on 1st July 2011 valid till 01 Jul 2013.
I am due for ILR on 6th July 2012 based on 5 years less 28 Days since 3rd Aug 2007.

The Company I am working with is India based IT Firm. I came to UK on Deputation. I and my firm get Tax benefit from HMRC called as Dispensation for employees travelling for less than 24 months.
Because of this my Firm sent me back to India for 3 months to fill up cool off period so that on my return the Dispensation Salary can be re-started.

So, I was not in UK from 11th Nov 2009 till 31st Jan 2010. My salary was paid in India for these 80 Days.

Below is the Summary of Total Number of Days outside UK for these 5 Years. I am getting letter from my Employer for my Official Travel. They will also give me letter for my 80 Days work out of India

Total Days outside UK=323
Annual Leave=66 Days
Work Trips=257 Days
Outside UK and not on UK Pay Roll=80 Days

Question:
Is having below letter from my Employer for 80 Days Gap from UK is good enough?

Letter from Employer
This letter is to confirm that XXX [Lead Consultant] who is a permanent employee of Infosys from 17-July-2006 and is deputed to the United Kingdom from 03-August-2007, has travelled on company assignment to India (11th Nov 2009 to 31st Jan 2010). As a global firm we do require our staff to travel and work abroad on assignments ranging from a few weeks to couple of months. The long duration on assignments helps provide stability to the large projects to ensure our clients achieve their goals.

The project assignment in India from 11th Nov 2009 to 31st Jan 2010 was to enhance the firm's existing offshore capability by setting up a new team for a UK client for Oracle E-business Suite implementation and support. XXX was already on Tier-1 (General) Visa when he was gone for this assignment which enables his movement back to the UK after the assignment.

Developing offshore capability is one of the key focus areas for our firm. XXX has strong technical skills in this area and had been a key member of the team in the UK during the Oracle implementation phase of the project for the same client. So, XXX was the best choice for this assignment. During the 80 days period, XXX was involved in ramping up a team, training them on the client specific business processes, providing knowledge transfer and delivering few pilot projects with them to ensure they understand the quality standards we require in the UK. XXX was still reporting to his line manager in the UK.

After the team started operating efficiently with a local full time manager in India, XXX came back to the UK. In his current project as well XXX has to frequently travel to Germany, Italy and USA on business trips due to global nature of the project.

Please also note that based on his performance on such projects, XXX has been promoted from a Senior Consultant to Lead Consultant in 2011. This is just to re-emphasise the importance of these projects to Infosys and XXX’s contributions to the firm.

[Greenie]

I came to UK on 3rd Aug 2007 on Company Work Permit. On 1st Aug 2008, I got Tier1 (General) Resident Permit.
I got the Tier1 extended on 1st July 2011 valid till 01 Jul 2013.
I am due for ILR on 6th July 2012 based on 5 years less 28 Days since 3rd Aug 2007.

The Company I am working with is India based IT Firm. I came to UK on Deputation. I and my firm get Tax benefit from HMRC called as Dispensation for employees travelling for less than 24 months.
Because of this my Firm sent me back to India for 3 months to fill up cool off period so that on my return the Dispensation Salary can be re-started.

So, I was not in UK from 11th Nov 2009 till 31st Jan 2010. My salary was paid in India for these 80 Days.

Below is the Summary of Total Number of Days outside UK for these 5 Years. I am getting letter from my Employer for my Official Travel. They will also give me letter for my 80 Days work out of India

Total Days outside UK=323
Annual Leave=66 Days
Work Trips=257 Days
Outside UK and not on UK Pay Roll=80 Days

Question:
Is having below letter from my Employer for 80 Days Gap from UK is good enough?

Letter from Employer
This letter is to confirm that XXX [Lead Consultant] who is a permanent employee of Infosys from 17-July-2006 and is deputed to the United Kingdom from 03-August-2007, has travelled on company assignment to India (11th Nov 2009 to 31st Jan 2010). As a global firm we do require our staff to travel and work abroad on assignments ranging from a few weeks to couple of months. The long duration on assignments helps provide stability to the large projects to ensure our clients achieve their goals.

The project assignment in India from 11th Nov 2009 to 31st Jan 2010 was to enhance the firm's existing offshore capability by setting up a new team for a UK client for Oracle E-business Suite implementation and support. XXX was already on Tier-1 (General) Visa when he was gone for this assignment which enables his movement back to the UK after the assignment.

Developing offshore capability is one of the key focus areas for our firm. XXX has strong technical skills in this area and had been a key member of the team in the UK during the Oracle implementation phase of the project for the same client. So, XXX was the best choice for this assignment. During the 80 days period, XXX was involved in ramping up a team, training them on the client specific business processes, providing knowledge transfer and delivering few pilot projects with them to ensure they understand the quality standards we require in the UK. XXX was still reporting to his line manager in the UK.

After the team started operating efficiently with a local full time manager in India, XXX came back to the UK. In his current project as well XXX has to frequently travel to Germany, Italy and USA on business trips due to global nature of the project.

Please also note that based on his performance on such projects, XXX has been promoted from a Senior Consultant to Lead Consultant in 2011. This is just to re-emphasise the importance of these projects to Infosys and XXX’s contributions to the firm.

am not entirely sure what your question is

Is it whether your absences from the UK will be disregarded/within the rules?

Is it whether your dubious avoidance of tax wil be picked up on? or whether your employer's letter stating that your 'cooling off period' in order to continue to avoid tax was in fact a company assignment will be accepted?

[wahasif]

Hi Greenie,

I am actually trying to prepare a document for my 80 Days absence. Does the mentioned matter of letter looks ok so that I can get it from my Employer?

Thanks

[fahadz1]

Hi Greenie,

I am actually trying to prepare a document for my 80 Days absence. Does the mentioned matter of letter looks ok so that I can get it from my Employer?

Thanks.

the letter sound too good to me. get it from your employer.

[Greenie]

Hi Greenie,

I am actually trying to prepare a document for my 80 Days absence. Does the mentioned matter of letter looks ok so that I can get it from my Employer?

Thanks.

I am confused - did you leave the UK in order to facilitate your 'cooling off period' or did you leave the UK in order to undertake this project as set out in the letter?

[praran]

Hi Greenie,

I am in the similar situation, please do let me know if you got any further with you case.

Regards

[wpilr_nov12]

Hi Greenie,

I am in the similar situation, please do let me know if you got any further with you case.

Regards

You won't get any further with Greenie's case because this is not Greenie's case.

[praran]

@wahasif: Iam in the same case have you got any further with your application