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Deputed to other countries.......

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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baskey
Member
Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Deputed to other countries.......

Post by baskey » Thu May 13, 2004 2:49 pm

HI all,

Is it possible under HSMP to work for UK employer, salary paid in the Uk but deputed to other countries and allowed to visit UK once in a 3 months for 15 days.

Can any one thorogh some light on it...

Regards

aa
Newly Registered
Posts: 25
Joined: Mon May 10, 2004 10:19 pm

Post by aa » Thu May 13, 2004 10:02 pm

Everything is possible. BUT : question is your settlement. Any stay out of UK longer than 3 month will initialize all previous stay in UK. To claim British Nationality you have to stay 4 years in UK (except short hollidays, official trips and even deputation out of country for UK employer which must not exceed 3 months and all these absenses should not exceed a total of 6 months out of your 4 years). If you break these rules, all your previous stay is null. Then your settlement will be delayed.

Square
Newbie
Posts: 37
Joined: Wed Jan 21, 2004 1:01 am

Post by Square » Fri May 14, 2004 7:39 pm

k_baskaran70

I think that job is not in the spirit of HSMP. If you came to the UK once every 3 months for 15 days each time you'd spend a maximum of 60 days (2 months) in the UK and 10 months outside the UK!!

This seems to imply that your high skills will benefit another economy and not the UK (of course ignoring the residency of the employer)!

Kaya, any thoughts on this?

baskey
Member
Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Sat May 15, 2004 12:12 am

Square wrote:k_baskaran70

This seems to imply that your high skills will benefit another economy and not the UK (of course ignoring the residency of the employer)!

Kaya, any thoughts on this?
But my Tax is paid to UK and also UK will be receiving the project cost from that country!. In that case also do you feel tht it is benefitting other country?

:)

Regds,

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed May 19, 2004 5:28 pm

k_bkaskaran wrote:
HI all,

Is it possible under HSMP to work for UK employer, salary paid in the Uk but deputed to other countries and allowed to visit UK once in a 3 months for 15 days.

Can any one thorogh some light on it...

Regards
_________________
Cool Prist
The HSMP scheme requires you to make the UK your main home - do you recall signing your consent/ agreement to this? Whilst there are allowances for absences from the UK due to employment by a British company those you describe are excessive (you are only in the UK for 60/365 days = 16.4% of the year) despite payment of UK taxes and you will not get a renewal - case law will see off any appeals. In such circumstances it is better to re-apply for the scheme when you are ready to make the UK your home.

baskey
Member
Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Wed May 19, 2004 5:45 pm

Kayalami wrote: despite payment of UK taxes and you will not get a renewal - case law will see off any appeals. In such circumstances it is better to re-apply for the scheme when you are ready to make the UK your home.
Kaya,

I am surprised to note that even renewal is not possible despite having employment with UK company. I understand for getting PR, this point will be viewed mainly. Despite my deputation to other countires my family will be staying here. One can argue in this way.

I am seriously concerned over this issue as already i am getting some good contract out of UK.

Please suggest any other possibilities or ways other than reapplying HSMP. ( it is a horrible paper work).

thanks for ur views and time in advance,

regards
Last edited by baskey on Wed May 19, 2004 5:47 pm, edited 1 time in total.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed May 19, 2004 6:00 pm

As I said it will come down to a determination of residency based on case laws developed over a significant period time. IMHO you will be deemed to have abondoned the UK as your main home contrary to the requirements of the HSMP scheme. Why is the employer not giving you the said employment in the UK? The scenario you describe is one which to all intents and purposes seems as if you work overseas and are deputed to the UK!!

baskey
Member
Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Wed May 19, 2004 6:27 pm

Kayalami wrote:Why is the employer not giving you the said employment in the UK? The scenario you describe is one which to all intents and purposes seems as if you work overseas and are deputed to the UK!!
Kaya ,

Thanks for instant reply. The UK employer is a engineering service provider world wide. For his current project, they require some one to go to Libya for about one year contract initially. Of course, HSMP holder will get attracted where there is less/ No UK locals are there to fill up the position. I thought , it would be nice aleast to gain some UK exp. to start with.

Any other possbilities????

Regards,

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