Effect of Van Der Elst visa on the settlement

[syamp]

Hi,

I have Indian Passport and hold Tier 1 Visa and work for a company in UK. My company asked me to work for a German client with Van Der Elst visa for short term. Van Der Elst visa will be issued in UK to non-EU people to work in Germany for limited period.
My payroll will be in UK and I will be travelling every weekend to UK. I am making sure I don’t stay outside UK more than 180 days in any consecutive 12 months.

Will this pose any problem on my ILR which is due in two years time, despite not crossing the maximum stay limit outside UK? Please advise.

syam

[newbie_2013]

Hi,

I have Indian Passport and hold Tier 1 Visa and work for a company in UK. My company asked me to work for a German client with Van Der Elst visa for short term. Van Der Elst visa will be issued in UK to non-EU people to work in Germany for limited period.
My payroll will be in UK and I will be travelling every weekend to UK. I am making sure I don’t stay outside UK more than 180 days in any consecutive 12 months.

Will this pose any problem on my ILR which is due in two years time, despite not crossing the maximum stay limit outside UK? Please advise.

syam

I did the same thing last year, living in the UK but worked for around 85 days in europe (commuting from UK ofcourse and I am a non-EU national). I am applying for my ILR this month. As far as my research goes, this doesn't pose any problem as long as you don't exceed the absence threshold. Also the most important thing to do is to declare foreign income to HMRC if you are showing any part of this income for ILR (well it's a good practice to declare any foreign income anytime regardless of whether you include them or not in your application). But I guess since your UK employer is sending you out, you will be on a UK payroll and the tax wouldn't be a problem as you will be paying taxes in the UK (unlike me, as I've worked for a non-UK employer and payed taxes overseas, hence I've declared my overseas income to HMRC).

thanks

[learn2lead]

Hi,

I have Indian Passport and hold Tier 1 Visa and work for a company in UK. My company asked me to work for a German client with Van Der Elst visa for short term. Van Der Elst visa will be issued in UK to non-EU people to work in Germany for limited period.
My payroll will be in UK and I will be travelling every weekend to UK. I am making sure I don’t stay outside UK more than 180 days in any consecutive 12 months.

Will this pose any problem on my ILR which is due in two years time, despite not crossing the maximum stay limit outside UK? Please advise.

syam

I did the same thing last year, living in the UK but worked for around 85 days in europe (commuting from UK ofcourse and I am a non-EU national). I am applying for my ILR this month. As far as my research goes, this doesn't pose any problem as long as you don't exceed the absence threshold. Also the most important thing to do is to declare foreign income to HMRC if you are showing any part of this income for ILR (well it's a good practice to declare any foreign income anytime regardless of whether you include them or not in your application). But I guess since your UK employer is sending you out, you will be on a UK payroll and the tax wouldn't be a problem as you will be paying taxes in the UK (unlike me, as I've worked for a non-UK employer and payed taxes overseas, hence I've declared my overseas income to HMRC).

thanks

Hi Syam,

Hope everything is alright with this visa, could you please send your contact details, mail/phno as i am in the same boat by end of this month.
I got few doubts

1) my employer in UK is forcing to use an umbrella company even though i got my own limited company in UK.
2) do we need to pay any tax in Germany for this period (i got 11 month contract)

your help could be a great help.

Thanks in advance

Rao

[dpl]

I have the same situation ,,Can someone please suggest the Impact on Ven Der Els Visa on ILR.

I came to UK in Dec. 2009 (6th) and travelled to Republic of Ireland in April 2010 (13th) on Business VISA . I was On and Off between UK and Ireland but spend most of time in Ireland . I was transferred to Ireland on Ven Der Els Via in October 2010 (13th) till March 2011 (15th) and Then I came back to UK . Since then I am in UK only .

1. No Single absent was more that 90 days from UK
2. From 6th Dec. 2009 and 6th Dec. 2010 total days absent from UK were less that 180
3. Was on Ireland Salary between 14th oct. 2009 and 15th Mar 2010 (Almost 5 Month)


Can Someone confirm if I am eligible for ILR this November (2014)?

[dpl]

Awaiting response from experts!!!!!!!!!

[fielddrive]

I'm not an expert but I wrote to the Home Office a couple of years ago and they wrote back to me stating that work related absences are discounted from your absence from the UK as long as you can prove you were out of the country because of your job.

I can redact some data on that letter and share the contents with you if you want.

[Wanderer]

Hi,

I have Indian Passport and hold Tier 1 Visa and work for a company in UK. My company asked me to work for a German client with Van Der Elst visa for short term. Van Der Elst visa will be issued in UK to non-EU people to work in Germany for limited period.
My payroll will be in UK and I will be travelling every weekend to UK. I am making sure I don’t stay outside UK more than 180 days in any consecutive 12 months.

Will this pose any problem on my ILR which is due in two years time, despite not crossing the maximum stay limit outside UK? Please advise.

syam

I did the same thing last year, living in the UK but worked for around 85 days in europe (commuting from UK ofcourse and I am a non-EU national). I am applying for my ILR this month. As far as my research goes, this doesn't pose any problem as long as you don't exceed the absence threshold. Also the most important thing to do is to declare foreign income to HMRC if you are showing any part of this income for ILR (well it's a good practice to declare any foreign income anytime regardless of whether you include them or not in your application). But I guess since your UK employer is sending you out, you will be on a UK payroll and the tax wouldn't be a problem as you will be paying taxes in the UK (unlike me, as I've worked for a non-UK employer and payed taxes overseas, hence I've declared my overseas income to HMRC).

thanks

Hi Syam,

Hope everything is alright with this visa, could you please send your contact details, mail/phno as i am in the same boat by end of this month.
I got few doubts

1) my employer in UK is forcing to use an umbrella company even though i got my own limited company in UK.
2) do we need to pay any tax in Germany for this period (i got 11 month contract)

your help could be a great help.

Thanks in advance

Rao

Absolute minefield, if you are a contractor, as it appears, you will need to apply for a work permit in Germany, or the end client with a German presence will need to employ you.

As for German tax, the taxman there is viscous...