Urgent help required

I entered in the UK in Dec 2007 with my wife and kid. In Dec 2008, while my wife was expecting, in 7th month, we left for our holidays. Due to the complication she delivered in my home country. Now I want to get new born visa as a dependant. What should be the process???
Another problem is there, that due to the complications, We missed the chance to enter within 3 months time period of maximum absence.

nsm2010 wrote:I entered in the UK in Dec 2007 with my wife and kid. In Dec 2008, while my wife was expecting, in 7th month, we left for our holidays. Due to the complication she delivered in my home country. Now I want to get new born visa as a dependant. What should be the process???
Another problem is there, that due to the complications, We missed the chance to enter within 3 months time period of maximum absence.

What is your current leave? Assuming it is HSMP, you need to apply for a dependent VISA under Tier-1. 3 month's absence from UK will have no bearing on your dependent's application. This rule in any case is not mentioned for HSMP/Tier-1 (at the same time, you seem to have valid reasons for being away for more than 3 months).

Thank Push_hsmp,

Thank you for your reply. I am on HSMP (2+3).

When I left the UK, I was jobless because of the recession, for more than 5 months, and as you know we cant get any support of any sort there, I left for my home country where I had my own house. My wife gave birth to the new born, and while I was there, I got the very good job offer from the Middle East, and I accepted the offer, on the grounds, that I was Jobless for more than 6 months, and job was the only survival for me and my family.

Since then I am working in the Middle East, as I am waiting for the job scenario in the UK changes, and want to continue my HSMP quest. Now I want to know;

1/ Due to my absence, whether I am going to loose my one year of stay there?? although I have due reasons of delivery of new born and job?

2/ At the time of filing FLR, whether this absence will count or having any significance??

3/ At the time of filing FLR, Would I be able to show my Income in the middle east as legitimate income? whether I will get points out of this income? Do they have any binding?

4/ If this is the case, I did not paid any tax since last seven months in the UK, and I am here in the Middle East, would not be able to pay my taxes in the UK for few more months, prior to filing my application, would it make any difference?

I will appreciate if you would be able to guide me on these issues. I will further appreciate if you can paste a link to the latest guidance notes for HSMP.

Many Thanks in advance.










Where should I apply for dependent visa, In my home country????

nsm2010 wrote:Thank Push_hsmp,
1/ Due to my absence, whether I am going to loose my one year of stay there?? although I have due reasons of delivery of new born and job?

Nope. Your current leave in UK is still valid and you can enter country during this leave and work,

nsm2010 wrote: 2/ At the time of filing FLR, whether this absence will count or having any significance??

There is not such criteria of absense at FLR though you have to show UK .=earning.

nsm2010 wrote: 3/ At the time of filing FLR, Would I be able to show my Income in the middle east as legitimate income? whether I will get points out of this income? Do they have any binding?

I think you would require to provide proof of UK earnings. You middle east earning may not count.

Thank you chetan,

Ok, what if I transfer all of my Middle Eastern earnings in my UK account and pay a tax on that!!!! and produce Bank Statements (UK Bank)and Proof of earnings (ME company) will it work????

Or else, kindly let me know what other alternates I can adopt.

Regards

You need to have earned in UK to claim points when applying for FLR.

So there is no room of overseas earnings at the time of FLR?????

What if, My previous company in London, declares that I am working for them and been paid in the Middle East for one of their project.

nsm2010 wrote:So there is no room of overseas earnings at the time of FLR?????

What if, My previous company in London, declares that I am working for them and been paid in the Middle East for one of their project.

U should be in UK the whole time of earning.
U got to serve UK not any other country to get FLR.

So there is no room of overseas earnings at the time of FLR?????

What if, My previous company in London, declares that I am working for them and been paid in the Middle East for one of their project.

You do that and you can forget entering UK for the next 10 years

nsm2010 wrote:So there is no room of overseas earnings at the time of FLR?????

What if, My previous company in London, declares that I am working for them and been paid in the Middle East for one of their project.

I am a bit unclear on this but I understand that it will be a case of deputation then and you can claim points for the earnings made overseas. No uplift ratio will be applied however.

I am not sure how can you get the company to say that you were employed by them and paid in Middle East - how would that work out for the company's own accounts?? If you are employed by a UK company, irrespective of where you are working, the company needs to contribute towards NI etc.

As I said, I am not very sure of my opinion above. Why don't you send an email to HO and find out?

How can I confirm it, other than emailing to HO???

What is uplift ratio and what is its advantage??

nsm,

Its black and white. You earn money in UK, you show that money to HMRC/HO and receive money in bank account.Your company employs you in UK, it has to pay your taxes in UK. As far as deputation is concern, forget about using any kind of deception. Don't look for workaround or you will be refused entry clearance. HO can catch you even after you receive your FLR and start working in UK(there are recent similar discussion in the forum where people used deception and HO caught them after 2 years).

As other member rightly said, you do it and forget about UK for minimum 10 years.

nsm2010 wrote:How can I confirm it, other than emailing to HO???

What is uplift ratio and what is its advantage??

Hi Chetan,
I am not cheating any body or having intention to do so. Actually this is my case, that due to recession, the office where I was working in London, shuts and they were suggested me to join them in the Middle East where they were completing one of their project. I refused to go there initially, because I was hopeful of getting another job in the UK and would be able to continue HSMP quest, but after failing to acquire any one job for almost five months, I accepted their offer and came to the Middle East.

Now, I am exploring possibilities, as I can request them to produce a certificate. One possibility is to get my salary in the UK, while I am working in the ME. By this way I would be loosing hell as I have to pay taxes there and would be loosing conversion rates.

I need all of your help to find a viable option for me and would appreciate any help in this regard.

I am just wondering, could you not reapply for HSMP outside the Uk in this case. i am not sure if you can apply till your current leave is valid or you will have to apply after this expires. More so because this is not hsmp anymore it is tier1.

I think this should be possible. You had hsmp earlier, you left Uk and now should be able to apply for tier1 from outside Uk.

This is just another posiibility to explore, i am not sure if this a feasible option though. More senior members in the group can comment on this.

Hi Halmet,
The new educational requirement for Tier-1 is Masters, whereas I am having Bachelors of Architecture???

Hi NSM,

Don't mean to offend you, but thats the first impression I got from what you have explained. I hope you will not explain the same way in your application
Anyway, I think you can claim salary earned in UK(paid in UK with NI-Tax etc) while working abroad. Check the below point from Tier 1 Guidance note (Page 22).

"119.If an applicant has earned monies in the UK for a period during which he/she remained overseas (eg. a company director drawing a UK salary but remaining based outside the UK) such earnings will be accepted."

I think you should be eligible for extension using that setup. But you might need to explain your situation a bit thoroughly in your application. HO caseworkers are bit paranoid and push panic button immediately.

nsm2010 wrote:Hi Chetan,
I am not cheating any body or having intention to do so. Actually this is my case, that due to recession, the office where I was working in London, shuts and they were suggested me to join them in the Middle East where they were completing one of their project. I refused to go there initially, because I was hopeful of getting another job in the UK and would be able to continue HSMP quest, but after failing to acquire any one job for almost five months, I accepted their offer and came to the Middle East.

Now, I am exploring possibilities, as I can request them to produce a certificate. One possibility is to get my salary in the UK, while I am working in the ME. By this way I would be loosing hell as I have to pay taxes there and would be loosing conversion rates.

I need all of your help to find a viable option for me and would appreciate any help in this regard.

Hi Chetan,

Thank you for your reply.

I am not offended at all, and actually I am thankful to you for pointing out my weakness. I will try not to repeat the same at the time of application.

I will further appreciate if you can send me a link to Tier 1 Guidance note and list of documents I would be needing for the application.

http://www.ukba.homeoffice.gov.uk/worki ... /applying/

On a high level

1. Age: Passport
2. Qualification: Your Degree and if you have NARIC. (This is not required if you have claimed points on same qualification last time. But I would advise to send it.)
3. Earnings: 12 Payslips + Bank Statement (corroborating payslips)
4. Maintenance Funds: Banks Statement showing enough money in your account. Check guidance for the amount reqd for you.
5. English Language: If your university is listed in PBS, then no need to send any additional document. Just mention it in your cover letter.

Read the policy and form, as these document are changing quite frequently.

nsm2010 wrote:Hi Chetan,

Thank you for your reply.

I am not offended at all, and actually I am thankful to you for pointing out my weakness. I will try not to repeat the same at the time of application.

I will further appreciate if you can send me a link to Tier 1 Guidance note and list of documents I would be needing for the application.

Hi Chetan,

Could you please shed some light on this statement, extracted from "tier1generalguidance310309.pdf" Page 24/49.

In this case I dont need to show my income earned in the UK or what ?????


Points available for earnings claimed – extension applications

136. considering the applicant’s previous earnings, he/she has earned money from outside the United Kingdom, he/she can include these in the calculation to score points for earnings. The applicant should provide details of the overseas earnings, in the original currency in which they were paid. The applicant should convert these earnings into pounds sterling by using the closing exchange rate on the OANDA website for the last day of the period for which he/she has claimed earnings in that currency.
We will not make any uplift calculations

137. on overseas earnings for extension applications. The applicant must clearly show on the application form which of the earnings were made in the United Kingdom and which were earned overseas. We will add the pounds sterling value of these overseas earnings to any United Kingdom earnings. We will then consider the total figure against the points-scoring table above.

Please comment on my previous email.

I will appreciate if someone guide me on this issue.

Any reply please....


Is Belfast (Northern Ireland) is been considered as the UK?????? Because my company is being registered there????? Appreciate your comments.

Any reply please....


Is Belfast (Northern Ireland) is been considered as the UK?????? Because my company is being registered there????? Appreciate your comments.

nsm2010 wrote:Any reply please....


Is Belfast (Northern Ireland) is been considered as the UK?????? Because my company is being registered there????? Appreciate your comments.

Yes

Hi,
I would appreciate if someone clarify these below mentioned extracts from guidance notes; that

Points available for earnings claimed – extension applications

136. considering the applicant’s previous earnings, he/she has earned money from outside the United Kingdom, he/she can include these in the calculation to score points for earnings. The applicant should provide details of the overseas earnings, in the original currency in which they were paid. The applicant should convert these earnings into pounds sterling by using the closing exchange rate on the OANDA website for the last day of the period for which he/she has claimed earnings in that currency.
We will not make any uplift calculations

137. on overseas earnings for extension applications. The applicant must clearly show on the application form which of the earnings were made in the United Kingdom and which were earned overseas. We will add the pounds sterling value of these overseas earnings to any United Kingdom earnings. We will then consider the total figure against the points-scoring table above.

Now my question is;

Is it necessary for the applicant to be based in the UK while earning above mentioned overseas monies OR can work for British based business, overseas?????