Tier1 to iLR ==> queries

Hi All,

Just need your advice regarding the absences.

I initially entered UK in Jan 2011 but didnt get the desired job in UK so i left for work abroad. I came back after i got good job in UK in Jun 2012. During this time i kept on coming to UK and my max. absense is 177 Days if i start ILR calculation from Jan 2011.
I have visa till 2018, 2nd option is to apply in 2017. I just want to save 1.5 years.
Question
1) can i apply for ILR now ? any body will ask about the evidence of absense and reject my application?
2) if i have to pay tax in UK if i am not working in UK ?


Thanks

Time spent outside which is work related to overseas shall not be counted towards allowed absences for ILR.

naveediiqbal wrote:Time spent outside which is work related to overseas shall not be counted towards allowed absences for ILR.

Seems to me OP left the UK for a job not related to his UK employment therefore not seconded.

Wanderer wrote:

naveediiqbal wrote:Time spent outside which is work related to overseas shall not be counted towards allowed absences for ILR.

Seems to me OP left the UK for a job not related to his UK employment therefore not seconded.

Agreed and therefore I also commented that that work would not be allowed for ILR allowable absences.

naveediiqbal wrote:

Wanderer wrote:

naveediiqbal wrote:Time spent outside which is work related to overseas shall not be counted towards allowed absences for ILR.

Seems to me OP left the UK for a job not related to his UK employment therefore not seconded.

Agreed and therefore I also commented that that work would not be allowed for ILR allowable absences.

Got it! I misread - apologies!

Seems to me OP left the UK for a job not related to his UK employment therefore not seconded.[/quote]

Agreed and therefore I also commented that that work would not be allowed for ILR allowable absences.[/quote]

Got it! I misread - apologies![/quote]

No problem. Thanks for confirming. Have a great day.

thanks guys for replies


I am also of the same opinion as yours
But

1) if any body has ever got rejected due to absences not explained? (only i have seen 1 case mentioned in the immigrationboards)
2) I asked some immigration consultant and he mentioned that for tier 1 if the absences are less than 180 then caseworker at PEO dont ask about the detail of the absences, anybody got lucky with this?
3) if anybody knows about the taxes/salary , if you are working abroad (outside uk) on tier 1. i.e. Can HO ask about them ? any body has got experience of this ?


Thanks

confused456 wrote:thanks guys for replies


I am also of the same opinion as yours
But

1) if any body has ever got rejected due to absences not explained? (only i have seen 1 case mentioned in the immigrationboards)
2) I asked some immigration consultant and he mentioned that for tier 1 if the absences are less than 180 then caseworker at PEO dont ask about the detail of the absences, anybody got lucky with this?
3) if anybody knows about the taxes/salary , if you are working abroad (outside uk) on tier 1. i.e. Can HO ask about them ? any body has got experience of this ?


Thanks

The biggest risk in applying with out mentioning is deception if by any mean they would find. In that case you may not be able to apply for any leaves for a set number of years (if allegation not removed). Other wise might got lucky to get away but its you to decide.

@naveediqbal, nobody is using and will use deception


@all, anybody else has got experience in my situation? I am sure some people will have similar cases like me. please can you share?

confused456 wrote:@naveediqbal, nobody is using and will use deception


@all, anybody else has got experience in my situation? I am sure some people will have similar cases like me. please can you share?

Hi, I did not mean you would use. But I was mentioning the biggest risk as an applicant you will be exposed to.

@naveediqbal, ok

@all,vinny, anybody with experience in this subject?

Hi vinny, CR
please can you share your experience.

immigration Consultant is mentioning as absences are less than 180 in a year I can still apply for ilr.

And tax is not required for jobs outside UK.

I m a bit reluctant althoug. I would love to apply in Jan 2016 for ilr.
Any sincere advise and experience ?
If any body has been denied because of not providing absence information.

Thanks

confused456 wrote:If any body has been denied because of not providing absence information.

Yes.

Hi *

For the ilr application, i was checking the english language requirement. I was given the marks for education and english language on the basis of my initial application (letter from University - degree taught in english).

Now if i check the calculator i dont find my degree, (as per instructions tier2 general PBS calculator was checked)

1) For degree : i can select in the form that evidence provided with previous application
2) For english: What can be my options apart from taking the exam? ,
just on the same note i have taken ielts general exam in 2011 in uk , and with min i have got 6.5 in listening and overall 7 , can it be used (i never used this for uk immigration purposes)?


Thanks

confused456 wrote:2) For english: What can be my options apart from taking the exam?

Get (new) SoC or ELA from NARIC, though highly unlikely that either will confirm B1 equivalency if PBS calculator does not list your qualification any more.

Thanks sushdmehta,
for english, can i use my expired ILR ? Overall 7.5 , but minimum in one module was 6.5 ? IELTS was taken in UK in 2011 ??


for degree, I just realized that i cant choose a suitable option now. Qualification is not on Tier2 calculator , what option i can choose for my degree points ?
I didnt provide the NARIC letter, i used my degree for getting HSMP letter (not JR) and on basis of that letter i got tier 1.
UET Lahore is not PBS


B2. Please indicate your method of verifying your qualification:
Qualification recognised on the points-based calculator.
Qualification recognised on the points-based calculator and evidence submitted as part of previous Tier 1 (General) application.
Qualification not on the points-based calculator, but a UK NARIC letter and/or certificate is enclosed.
Qualification not on the points-based calculator, but a UK NARIC letter and/or Certificate was provided with a previous Tier 1 (General) application..
SET(O) Version 11/15 Page 39
Qualification not on the points-based calculator, but a letter stating the UK academic equivalence from the relevant United Kingdom professional body is enclosed.
Qualification not on the points-based calculator, but a letter stating the UK academic equivalence from the relevant professional body was provided with a previous Tier 1 (General) application.

Question:

confused456 wrote:2) For english: What can be my options apart from taking the exam?

Answer:

sushdmehta wrote:Get (new) SoC or ELA from NARIC, though highly unlikely that either will confirm B1 equivalency if PBS calculator does not list your qualification any more.

No other options listed .. means .. there are no other options in your case!!!

ok

And what do you think about degree?

For degree, there is no Tier 1 General calculator,

can i use the below option ?
Qualification recognised on the points-based calculator and evidence submitted as part of previous Tier 1 (General) application.

Apply some common sense:
1. Whether a degree meets the requirement or not is not dependant on the what category of Tier you choose from the list ... but is dependant on the degree itself! If a Tier 2 migrant fulfills the requirement by virtue of "qualification A from institution B with course length C and year of qualification D", then every migrant irrespective of his / her previous immigration category (PBS or non-PBS, principal or dependant) fulfills the requirement by virtue of having the "same" qualification.


Your qualification is no longer listed in the PBS calculator so how do you think you can choose the option you quote? Don't you think the caseworker will verify?

I think you are taking me for Tier2,


I am not able to find a Tier 1(g) PBS calculator on ukba site. so that is why i mentioned this, is there a calculator for Tier 1 ?
this is the only option which makes sense now .. isnt it?

Hi Confused456,

regarding the absences from UK, I have sort of similar situation.
I came to UK on Feb 2011, however started working from July 2011.
during this time I went out of UK thrice. My total absences that year are less than 180.

So I cannot provide the explanation of absences between Feb - July 2011. And since I was not earning, I didn't paid any taxes during that period.

Please let me know if you get any information on this.
Thanks
R