Risky applying for ILR in 2014?

Hello Everyone, I am Shilpa,

This is my situation

I have been on Tier 2 since 1st Sep 2009. My annual income is 24000 £. My company is moving to France in July 2013. Because my employer badly needs me and since i am close to getting ILR next year 2014. He has agreed to pay me in £'s in the same bank just the same way I get the money now.

Here is my question. Because the company is moving completely shifting to other country, I will be required to travel to France every Sunday and come back to UK every Friday. He is going to take care of my rental expenses while in France, that way I can keep paying for my landlord in UK, even though I will out of UK for 4 days in a week. (4 days because, the travel days are not counted, if I'm right). I have worked out everything and I think I can work in France with regular to and fro travel from UK to France, so that I am within 180 days rule.

Will it create a doubt in the Officers mind? I have a PhD in Chemistry, very clean record, up until now I have never been outside of Uk for more than 30-45 days per year. It just seems that I will out of UK close to 170 days by the time I apply for ILR. But in reality, I will travelling 52 weeks MONDAY - OUT of UK, FRIDAY - IN TO UK. My company will be holding this work-place in UK under their name, except that it will be closed.

My employer will provide all the letters required to process for my ILR.

Let me know your opinion about this. Will it be risky? (As there will be too many stamps on my passport for the last year)

Thanks

Are you really going to have to travel 52 weeks. I would think you would get 4 weeks off or something to that effect that would shave 20 days off your total right there. If you timed things right with public holidays, you could probably extend take another 5 days off or more. Is the company going to be open through the Christmas/New Years break? I though France had some awkwardly strict rules about. That might be another four days you can save. Have you already taken this into account and this is this how you got to 170 (because 52 x 4 = 208)?

Here's what I found on the UKBA website:

UKBA wrote:"If you have been absent from the UK for between 101 and 180 days in total during the final year, we normally disregard the absence if:

you have met the residence requirements over the qualifying period; and
you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here."

So as long as your 5 year total is under 300 days and you still maintain your residence here (as it sounds like you will honestly try to do), and still maintain your estate here (keeping your UK bank account active and your main receiver of payment should count for something in that regards), I'd think you'd be ok. Those number of entry/exits may certainly raise an eyebrow with the case worker, and justifiably so. But I can't find any requirements that your trips out of the UK must, or should, be limited in number of trips, only total duration of trips. Make no more trips outside except for for this job. Take any reasonable opportunity to stay in the UK (as I think you may have already done with your calculation). See if you can't make the occasional arrangement to work from home if that's applicable. See what others say here.

Hi,
Just out of curiosity, where would you be paying your tax because tax means a lot to the government in both countries.

Thanks a lot, yes I have taken into consideration all the days and most likely I will be taking a week off every 6 weeks, I will also be in UK while on Bank Holidays.

Also my employer will be paying taxes in UK, just as he is paying me now

I recalculated my days outside UK and turns out I will be away only 165 days for the last qualifying year and Overall for 5 years I would be out by 276 days in total.

Anything else I should be taking care off, to cast off any doubts the officer may have. Please let me know, as it will give me some time to think more about it.

Thank You
Shilpa

shilpavemuri77 wrote:Thanks a lot, yes I have taken into consideration all the days and most likely I will be taking a week off every 6 weeks, I will also be in UK while on Bank Holidays.

Also my employer will be paying taxes in UK, just as he is paying me now

I recalculated my days outside UK and turns out I will be away only 165 days for the last qualifying year and Overall for 5 years I would be out by 276 days in total.

Anything else I should be taking care off, to cast off any doubts the officer may have. Please let me know, as it will give me some time to think more about it.

Thank You
Shilpa

Why not consider getting another Job in the UK. 2014 is still some time away. The reason I suggested this is that the UK immigration rules are always changing and you should not place all your eggs in one basket. My wife got caught out some yrs ago when ILR was issued after 4yrs. She was head of french in a local school and had a four year wpermit. Suddenly they changed it to 5yrs........ All the best with your plans.

Heisgood wrote:

shilpavemuri77 wrote:Thanks a lot, yes I have taken into consideration all the days and most likely I will be taking a week off every 6 weeks, I will also be in UK while on Bank Holidays.

Also my employer will be paying taxes in UK, just as he is paying me now

I recalculated my days outside UK and turns out I will be away only 165 days for the last qualifying year and Overall for 5 years I would be out by 276 days in total.

Anything else I should be taking care off, to cast off any doubts the officer may have. Please let me know, as it will give me some time to think more about it.

Thank You
Shilpa

Why not consider getting another Job in the UK. 2014 is still some time away. The reason I suggested this is that the UK immigration rules are always changing and you should not place all your eggs in one basket. My wife got caught out some yrs ago when ILR was issued after 4yrs. She was head of french in a local school and had a four year wpermit. Suddenly they changed it to 5yrs........ All the best with your plans.

Thanks HeisGood, My employer just let me know 2-3 weeks ago and my research area is very unique, not many jobs actually. Even if I find one, will they want to process a Tier 2 Visa, thats another issue. So as much as I am trying hard to find another job side by side, I need to keep all my options open. At the moment though this only seems to be the option. Also if the rules were to change in the midst of my travelling, I am sure they will take notice of that.
In your wife's case though, its a different situation. Now if she had submitted an application just before the rules had changed, I'm sure she would've been granted ILR. I could be under the same bridge if they decide to extend the period from 5 yrs t 6 yrs of Tier 2 Visa. Keeping my fingers crossed. Thanks.

shilpavemuri77: Do you physically need to be in France for this job. I mean a lot of employers allow work from home these days (but it really depends on the nature of job).

Not sure if your employer will let you work from UK until your ILR is sorted but this is one of the options you can consider.

It's not the currency and the bank account you get paid in that determines whether or not you are working in a country or not.

You said your company will be moving to France and you will be working there too.

Ignoring the intricacies of the immigration rules, look at it from a more holistic view: the point of economic migration and settlement here is for you to be economically active in THIS country. Spending 5 days out of 7 in another country, working for an employer in another country and spending only your weekends here doesn't paint a picture that you intend on living in THIS country. It paints the picture that you intend on living in France.

Without looking too much into specific rules, this is a risk I personally would not be willing to take. Your application will be scrutinised very closely when it becomes obvious that you are living in France during the week and simply commuting to the UK for weekends. Also, how will your employer motivate that you are commuting for work purposes, because you are basically commuting because they are in France, rather than because they are a UK company.

No, I would change jobs ASAP!!

linkers wrote:shilpavemuri77: Do you physically need to be in France for this job. I mean a lot of employers allow work from home these days (but it really depends on the nature of job).

Not sure if your employer will let you work from UK until your ILR is sorted but this is one of the options you can consider.

Unfortunately I can't work from home. So no option really

ilrapplicant2013 wrote:Why would a company operating and registered in france, pay taxes in the UK to an employee working in france,

What visa will you be in france and what are the requirements, I believe unless you are on business visa, you will be on some type of work permit and french rules will be to have tax there ?
Can you get this confirmed from your employers ?

More than just the pay, You will anyway fall out of 180 days being outside of UK.
All the letters UKBA will recieve will be a from a french company.

Unless your company plans to be registered here and employ you as part of the UK company?

Hello ilrapplicant2013. My company will be registered in UK, also I will be on multiple entry Business Schengen Visa, which I am already under reciept. Its actually a merger between our company and the French company, and since my role is pivotal, they need me as I am the only employee on work permit, rest all the UK residents have already left the company/and/or in the process. No-one except me has agreed to work in France. Also if you read my initial post, I have planned my working days, travel days and my personal annual leaves in such a way that I will be out of UK for not more than 160 days. And all the letters will be from the UK registered company only.
Also my company is registered in UK, USA and France. The registered office in UK will be active until Dec 2014. So I am guessing I won;t have any problems.
As someone mentioned in this post, my true intentions will be known. While it is true (not that I will let them know myself) I will have all the documents with me, and everything will be within limits, no overstay, pay i UK bank, 5 yrs working for the same company, OK pay, clean record, also been living at the same flat ever since I arrived and will continue to pay the rent until the ILR date which hopefully should be in AUG 2014.

Thanks, please let me know your opinions.

Hi shilpavemuri,

Apologies, I skimmed through your post and didnt read the important bits, hence had deleted my post already.

But I sill dont understand is are you breaking any immigration rules in france by working thier on a business schengen visa ?

I am not trying to focus on the negative, looks like you know the requirements from a UK perspective but guess good to think of every angle and then take a decision,.

Also, definitely consult an immigration solicitor.

I had a friend and he went to work in Tunisia , but managed to incude the period for ILR etc, he went through a solicitor opinion and had the paper work ready accoridingly.

shilpavemuri77 wrote:

ilrapplicant2013 wrote:Why would a company operating and registered in france, pay taxes in the UK to an employee working in france,

What visa will you be in france and what are the requirements, I believe unless you are on business visa, you will be on some type of work permit and french rules will be to have tax there ?
Can you get this confirmed from your employers ?

More than just the pay, You will anyway fall out of 180 days being outside of UK.
All the letters UKBA will recieve will be a from a french company.

Unless your company plans to be registered here and employ you as part of the UK company?

Hello ilrapplicant2013. My company will be registered in UK, also I will be on multiple entry Business Schengen Visa, which I am already under reciept. Its actually a merger between our company and the French company, and since my role is pivotal, they need me as I am the only employee on work permit, rest all the UK residents have already left the company/and/or in the process. No-one except me has agreed to work in France. Also if you read my initial post, I have planned my working days, travel days and my personal annual leaves in such a way that I will be out of UK for not more than 160 days. And all the letters will be from the UK registered company only.
Also my company is registered in UK, USA and France. The registered office in UK will be active until Dec 2014. So I am guessing I won;t have any problems.
As someone mentioned in this post, my true intentions will be known. While it is true (not that I will let them know myself) I will have all the documents with me, and everything will be within limits, no overstay, pay i UK bank, 5 yrs working for the same company, OK pay, clean record, also been living at the same flat ever since I arrived and will continue to pay the rent until the ILR date which hopefully should be in AUG 2014.

Thanks, please let me know your opinions.

ilrapplicant2013 wrote:Hi shilpavemuri,

Apologies, I skimmed through your post and didnt read the important bits, hence had deleted my post already.

But I sill dont understand is are you breaking any immigration rules in france by working thier on a business schengen visa ?

I am not trying to focus on the negative, looks like you know the requirements from a UK perspective but guess good to think of every angle and then take a decision,.

Also, definitely consult an immigration solicitor.

I had a friend and he went to work in Tunisia , but managed to incude the period for ILR etc, he went through a solicitor opinion and had the paper work ready accoridingly.

shilpavemuri77 wrote:

ilrapplicant2013 wrote:Why would a company operating and registered in france, pay taxes in the UK to an employee working in france,

What visa will you be in france and what are the requirements, I believe unless you are on business visa, you will be on some type of work permit and french rules will be to have tax there ?
Can you get this confirmed from your employers ?

More than just the pay, You will anyway fall out of 180 days being outside of UK.
All the letters UKBA will recieve will be a from a french company.

Unless your company plans to be registered here and employ you as part of the UK company?

Hello ilrapplicant2013. My company will be registered in UK, also I will be on multiple entry Business Schengen Visa, which I am already under reciept. Its actually a merger between our company and the French company, and since my role is pivotal, they need me as I am the only employee on work permit, rest all the UK residents have already left the company/and/or in the process. No-one except me has agreed to work in France. Also if you read my initial post, I have planned my working days, travel days and my personal annual leaves in such a way that I will be out of UK for not more than 160 days. And all the letters will be from the UK registered company only.
Also my company is registered in UK, USA and France. The registered office in UK will be active until Dec 2014. So I am guessing I won;t have any problems.
As someone mentioned in this post, my true intentions will be known. While it is true (not that I will let them know myself) I will have all the documents with me, and everything will be within limits, no overstay, pay i UK bank, 5 yrs working for the same company, OK pay, clean record, also been living at the same flat ever since I arrived and will continue to pay the rent until the ILR date which hopefully should be in AUG 2014.

Thanks, please let me know your opinions.

Thanks ilrapplicant2013.
I asked the company director exactly the same question. His answer which came through the lawyers, was that "its very common to work for a subsidiary company overseas, as in offshore work assignment". I dont know much about that. It seems belieavable , but I might be wrong. :-s