ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Application - Stay Outside UK (Absences)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

ILR Application - Stay Outside UK (Absences)

Post by AshMad » Sat Aug 13, 2011 11:04 am

Hi All,

I need one help regarding my ILR application.
I have finished my 5 years of stay in UK.
My visa status in UK has been, Work Permit + HSMP + Tier-1.
I have been self employed since last 4 years with Limited Company.
My Tier-1 has been based on Limited Company - Dividend Earnings.

I have been moving in & out of UK and want to specify my stay outside UK as business trip since I am self employed with sole directorship of my company.

What proof is required to be shown to the PEO to claim my visits outside UK as business trips ?
Also what sort of questions are expected ?

Please note that this situation is different from the case where in I work as staff and they send me abroad for business trip and issue a letter stating details of business trip.

Thanks & Regards

rajesh_kumar01
Member
Posts: 132
Joined: Thu Apr 28, 2011 7:15 pm
Location: Excel 2003

Post by rajesh_kumar01 » Sat Aug 13, 2011 1:04 pm

one of my friend was in same situation and his ILR was rejected. He is consulting with law adviser to take further action.

It is difficult for a sole director to prove because when you are out(leaving annual leave , 27 days ) you are not earning and not making any tax . This was the case for my friend.

will post if I hear any thing from my friend.

good luck

rgds

jami
Member of Standing
Posts: 270
Joined: Sun Oct 21, 2007 12:06 pm
Location: Lahore

Post by jami » Sat Aug 13, 2011 1:37 pm

It is not difficult for sole traders to justify absences with evidence. Here is one such example ( though emarketeruk has deleted his post of 15 July 2011 yet it stand reproduced by another member in the same topic)

----------------------------------------------------------------------

emarketeruk wrote:
ILR Success with 450+ days absence with 2absence over 3months at a stretch

http://www.immigrationboards.com/viewto ... ht=#516211

I would like to share my experience of ILR. Applied under (HSMP+Tier1, 5 years [employed + self employed)]. Have been a high tax payer & my application should have been straight forward, but the only issue i had was my absence, specially 2 absence more than 3 months at a stretch for business purpose. I had two main challenges

1) Requesting discretion on my business absence, specially the 2 absence over 3 months at a stretch.
2) Convincing the senior immigration officer that my business trips for my own business in genuine.

As you can understand, if my business trips were for as very well reputed company & if i can get a letter from them, that would be straight forward, but when you are self employed, it’s very difficult & also important to provide proper evidence to convince the level 7 officer to exercise his discretion in my favour..

The bottom line is simple, my business trips were genuine & i believe i have been clear about proving this. approvals of such cases are very very rare & i am very lucky.

Documents attached: (specially to cover the absence period)
• Council tax docs from the entire duration
• Road tax / car insurance payments for the entire duration
• House ownership & mortgage payment statements / land registry for the entire duration
• Evidence of other investments in the UK + personal, business loan docs
• Digital TV, mobile bill, utility bills such as BT paid during absence period
• All payslips with bank statements clearly confirming payments of tax / NI during absence & full 5 yrs
• Letter from chartered accountant, confirming earning for the absence period & overall
• All P45 & P60 for all five years
• All five year personal bank statements confirming salary credit

Documents provided to prove genuine business & business trips:
• Company formation certificate (business is running for 25 months now)
• Letter from accountant confirming business turnover (over 100K), declared tax
• Letter from company letterhead explaining the absence as a director of the company
• All bank statements for the full 25 months
• Inward remittance statements from all international clients. (this is where my business absence was)
• company return to confirm more than 75% of the company revenue generated by international clients
• Letters from overseas clients confirming my presence requirements.
• letters frm business suppliers with invoices, business cards, printouts of all business meeting requests & lot more.
• company marketing materials used during overseas business development
• contracts signed as a result of my business absence & payments from those clients in UK business bank account
• Letter confirming all my overseas business revenues were paid to my UK LTD business + evidence
• Every invoice / travel slips / documents for business purpose & this was declared in company return
• For every document, i have provided a secondary evidence to prove the authenticity of each evidence
• evidence to confirm i have no business, personal connections in my home country (bank accounts closed few years before etc)
• And finally, i have only spend 3 weeks in my home country over the last 5 years & all my business trips were to a third country.

it took just 11 weeks, which i though might take longer. I hope this helps everyone & all the best for your future applications

accareds
Newly Registered
Posts: 10
Joined: Sun Aug 14, 2011 6:25 am

Post by accareds » Sun Aug 14, 2011 7:00 am

hi, it's not an issue, I had the similar situation. I was the sole director of the company. All I did was produced a letter from on my company letter head clearly stating that I was out of the country for this period of time and for this reason.
Also when I was employed during my HSMP status, I was also out of the country for some period of time and I had a letter from employer clearly stating why I was out and for what purpose. I went toi Liverpool office and gave them both letters, they didn't ask any further questions.

I think or what I understand, if you have a valid reason and if you can justify than their shouldn't be a problem, but than saying that YOU NEVER KNOW !!

all the best mate

Locked
cron