Archive » United Kingdom » ILR - please post your comments
| Author | Post |
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| antipodean Member Member # 2155 | Posted December 03, 2003 01:34 PM Usually a 'returning resident' as one is known, is simply asked how long you've been away from the UK and that's it. Do insist on having your passport stamped (politely) as you may need these stamps for naturalisation. However, my passport was not stamped coming back from France (Poole ferry terminal) and it didn't present any problems for my nationality application. |
| touch Member Member # 6701 | Posted December 03, 2003 05:14 PM I didn't know that one can request IO to stamp the passport for arrival / departures. |
| marka Member Member # 1907 | Posted December 03, 2003 05:57 PM I don't think you can have it on departures. Who would you ask? There is no immigration control to exit the UK. I suppose you can always ask for a stamp on arrival, but what would it prove? There is no record in the home office of when you left the UK. Even if your passport is not stamped they have the landing cards they can always go back to if necessary. Marka |
| antipodean Member Member # 2155 | Posted December 03, 2003 06:12 PM All true. Some people just like more stamps in your passport (me included). Still I don't like queues so I'm more than happy to forgo the stamp and use the EEA line nowadays. You used to get embarkation stamps, but that has been phased out. As an aside I found the single most difficult thing about naturalisation to be the section on dates in and out of the UK in the last five years - something like 30 trips that I had to remember dates for. For this reason alone it's worth getting your passport stamped. |
| touch Member Member # 6701 | Posted December 04, 2003 12:13 PM OK. I think the only problem then will be that one does not know his / her date of departure ? However, it was new to me that UK - IO stamps passport on request. vIs it only for ILR holders or even true for WP holders ? |
| Joseph01 Member Member # 7141 | Posted December 04, 2003 12:59 PM Since 1 August 2000, when a new IND regulation was made effective, the IOs do not stamp the passports of returning WP holders and others holding Limited Leave to Remain (which would include HSMP). That is because the existing Leave to Remain was considered ongoing and did not have to be re-established every time the person returned to the UK. ILR holders, on the other hand, are supposed to be stamped every time they return to the UK with an unrestricted stamp. Occasionally, this may not happen. I think the rationale for stamping every time with ILR is that it is thus easier for the IO to determine whether the person has been out of the UK for 2 years. Although there are no longer stamps when departing the UK, the IOs carefully check the stamps of other countries and can usually (but not always, such as with dual nationals) determine when the person has left the UK! Joseph |
| touch Member Member # 6701 | Posted December 04, 2003 01:16 PM Thanks Joseph ! That means as a WP holder I can not and need not get my passport stamped every time I enter the country. In that sense WP seems to be more powerful to me as you can enter the UK anytime so long as your visa and WP is valid without much interrogation. |
| touch Member Member # 6701 | Posted December 04, 2003 01:19 PM I wonder what's the situation for HSMP holders ? |
| Joseph01 Member Member # 7141 | Posted December 04, 2003 01:41 PM As I said, HSMP and WP are treated the same. Joseph |
| antipodean Member Member # 2155 | Posted December 04, 2003 01:54 PM Another thing I noticed last week was that they now have 3 lines at Heathrow: EEA & Swiss, UK visa holders and finally visitors. This system seems to be a great improvement for those with legal UK visas as we no longer have to queue behing people being admitted for visits only (the majority). |
| Simpleton Junior Member Member # 5809 | Posted December 04, 2003 03:02 PM btw the new window is only on terminal 4 not the other terminals though |
| surreal Member Member # 7109 | Posted December 05, 2003 01:34 PM Hey guys, That was a good discussion though not initiated by me on visa stamping on arrivals. May be useful when I travel outside UK. |
| Joseph01 Member Member # 7141 | Posted December 06, 2003 02:38 PM touch Actually WP holders are subject to considerable questioning about whether they are working in the same job. HSMP holders are spared such questioning and ILR holders (especially if they have recent UK entry stamps) are also not questioned. That's why it's good to get your passport stamped. Joseph |
| touch Member Member # 6701 | Posted December 08, 2003 10:59 AM Joseph, Thank you for the clarification. Had just a doubt out of ignorance may be - say if a person enters the UK on 1st December 2003 and gets passport stamped. |
| Joseph01 Member Member # 7141 | Posted December 08, 2003 12:34 PM Touch, It would be helpful in the case of ILR because it would be clear that if the passport was stamped on 1 December 2003, the person arriving on 1 December 2004 would have been out of the UK for substantially less than 2 years. There would be no question about losing ILR, because there would be proof in the passport that the 2-year rule wasn't breached. Joseph |
| touch Member Member # 6701 | Posted December 08, 2003 01:51 PM Joseph, Thanks clear as usual. |
| surreal Member Member # 7109 | Posted December 08, 2003 04:57 PM Hi, I would like to know whether getting ILR makes any difference to the treatment of tax / NI as compared to that of workpermit. I have got confirmation (those who remember my previous posts months ago) that tax and NI is being paid by the company for past 2 years. Some input to all who may be worried about ILR and tax / NI (don't know how far it is correct) - I enquired this with a tax expert in the UK. The reply was there is a special provision under UK taxes under which employees under certain categories e.g. software engineers, project members can be paid allowances in the UK for first 24 months after arrival under WP. This won't attract any tax or NI. This perfectly legal and as per tax laws. Moment someone crosses 2 years - tax and NI both need to be paid from the beginning of the fiscal year when it happens. Therefore, my tax and NI has been paid from the FY 2001-02. I enquired this with the HO the reply was this is well known practice, legal and therefore, does not have any bearing on ILR decisions...which it did not have in my case for ILR. My question still the same - if there is any difference in tax and NI tratment because of ILR. |
| touch Member Member # 6701 | Posted December 08, 2003 05:10 PM Surreal, Don't think so. Tax laws have nothing to do with immigration status change. WP or ILR does not make any changes only difference is you can now claim benefits as a settled resident. |
| surreal Member Member # 7109 | Posted December 08, 2003 05:14 PM ILR and WP [ December 08, 2003: Message edited by: surreal ] |
| Joseph01 Member Member # 7141 | Posted December 08, 2003 05:28 PM surreal, I believe the allowance you are referring to only applies to earnings which you get while outside the UK, AND if you are paid outside the UK, such as when you are working on a project overseas. Furthermore, if you remit those earnings to the UK, they are taxable. This allowance only is available to those who intend to stay in the UK less than 2 years (i.e. with a contract 2 years or less). The tax category is "Resident but Not Ordinarily Resident." It wouldn't be legally available to HSMP people because HSMP applicants state in their application that they intend to settle in the UK. Joseph |
| surreal Member Member # 7109 | Posted December 09, 2003 11:00 AM Joseph, I have been in the UK all along for 4 years. Initially I came on temporary contract of less than 2 years but it was extended to >4 years. Therefore, there was no tax payment for first 2 years. I was not working outside UK anytime but was in the UK on WP all along. You are right about temporary contract for less than 2 years where you dont have to pay tax if paid allowances in the UK. Most foreign companies (all who bring people on ICT basis) do that. |
| Joseph01 Member Member # 7141 | Posted December 09, 2003 11:45 AM surreal I see your point about the special category for software engineers. I'm not familar with the details, but I think it takes advantage of the fact that you are not yet an Ordinary Resident (less than 2 years) and the fact that part of your total compensation is paid overseas (is that correct?) and not remitted to the UK. In the case of National Insurance, it is a separate category because it depends on the country you come from and the treaty that country has with the UK. In the case of an ICT for up to 5 years from the USA, for example, no National Insurance has to be paid in the UK, but Social Security would have to be paid to the US under the Totalization treaty. Back to your original question: I don't think getting ILR makes a difference. The main threshold was reached when you passed 2 years. That's when you become Ordinary Resident. The next treshold is when you become Domiciled in the UK. That usually doesn't happen until you have lived in the UK for about 17 years, a long way off. Domicile basically only effects certain income from outside the UK (i.e. investment income not remitted to the UK and estate taxes on foreign investment). There are some who argue that you become domiciled when you obtain British nationality, but there are counter arguements to this. Joseph |
| surreal Member Member # 7109 | Posted December 09, 2003 12:15 PM Thanks Joseph ! |
| Joseph01 Member Member # 7141 | Posted December 09, 2003 02:34 PM Surreal, You're wellcome. My understanding is that if the income paid overseas during the 2-year period stays overseas, it is not taxable in the UK. But if these earnings are remitted to the UK at a later date, at least part of it may be taxable (the part earned during the UK tax year(s) in which you were a tax Resident as opposed to Non-resident). That's because the Inland Revenue give a break to those who really intend to stay temporarily. But they catch up with those who change their mind for whatever reason! Joseph |
| Thorsten von Thyssen Member Member # 4397 | Posted December 09, 2003 03:16 PM BTW, 1. Generally speaking, Oridnarily residence is from the fourth year onwards (ie after three years). -------------------- ----------------------------------- |
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