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Tier1 General Extension Advice Needed

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virgo_2k
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Tier1 General Extension Advice Needed

Post by virgo_2k » Tue May 15, 2012 1:00 pm

Hi,

I hold a Tier1 General Migrant Visa issued in June 2009. I have made my entry to the UK on this visa in September 2010. Since August 2009, I am working as a contractor for a British Telecom Services Consultancy which is based in London UK. This consultancy provides telecom services to different telecom operators and vendors internationally. I am deployed from this consultancy to work on a project that is in Riyadh Saudi Arabia. The nature of the job is such that it requires me to be on customer premises. So from 2009, I have been based in Saudi Arabia through this consultancy. I would like to know now if I can apply for Tier1 General renewal given the fact that I have been employed with a British Firm but have been based overseas? I can lodge in my renewal application from within UK.
Below are all the details that you may need for complete immigration advice. Please let me know what would be your charges for an immigration advice? In case I am eligible, I would be interested in same day service application. I need your guidance on the exact documents that I would be needing for the renewal application?

Summary of my Initial Application

I had applied as for Tier1 General Migrant visa on March 28, 2009 thru the British Embassy in Riyadh Saudi Arabia. At that time, UKBA was accepting Tier1 applications from outside UK and Bachelor’s degree holders were eligible to apply based on the enforced rules till the above mentioned date. I had registered my biometrics at the visa application center on March 28, 2009. I was 28 years old at the time of application so I had claimed 10 points for my age. I hold a 4 years professional degree (Bachelor of Science in Electrical Engineering) from a university that is on UKBA database. So I had claimed 30 points for my qualifications. Furthermore, I had claimed 45 points for my earnings (more than 40,000 GBP a year). I had no UK experience at the time of my initial application so I didn’t claim any points for that. I claimed 10 points for English language proficiency as I had valid IELTS score of 7.5. My initial TIER1 General Migrant visa was issued on 24-June-2009 for 3 years.


My Current Status

I couldn’t travel to the UK on my Tier1 immediately after getting it due to some personal circumstances. In the meantime, from August 2009, I got an employment with a UK based telecom services consultancy firm that has an office in Woodfield London. This consultancy has projects with different telecom operators all over the globe. The project I was assigned to work on demanded me to be at customer premises in Saudi Arabia. Since that time I am working with them and am based in Riyadh Saudi Arabia. I am getting paid by them in Saudi Arabia. Since I am working as a contractor with them, the company has not been paying any tax on my behalf. Also since I am based overseas and am getting paid here, I haven’t paid any tax returns to NI.

My concern now is if I am eligible to apply for extension for Tier1 from within the UK? I know I wouldn’t be able to apply for an ILR but for the time being can I apply for extension of my visa? Secondly till the time I get eligible for an ILR, can I carry on applying for extension on Tier1 General or is there any cap or limits on the maximum number of extensions that one can have on Tier1 General category?


I would be substantiating my income from my 12 months bank statements and an income statement from a certified public accountant.

Thanks.

QuickSam
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Post by QuickSam » Tue May 15, 2012 1:07 pm

My concern now is if I am eligible to apply for extension for Tier1 from within the UK?

Yes ! You can claim points for earnings but if you are being paid in Dinars you cannot apply an uplift ratio. If you are being paid in Pounds then there shouldn't be any issue.

I know I wouldn’t be able to apply for an ILR but for the time being can I apply for extension of my visa?

Yes but you'd have to return back to UK to apply for extension and would have to stay in UK till you get the extension.

Secondly till the time I get eligible for an ILR, can I carry on applying for extension on Tier1 General or is there any cap or limits on the maximum number of extensions that one can have on Tier1 General category?

There is no cap set on the number of extensions yet.

Give me more Karma (+)

virgo_2k
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Post by virgo_2k » Tue May 15, 2012 4:12 pm

Would not having any tax returns affect my extension application?

Sushil-ACCA
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Post by Sushil-ACCA » Tue May 15, 2012 6:01 pm

virgo_2k wrote:Would not having any tax returns affect my extension application?
NO , as u r not getting any benifit in yr ILR for thos yrs u were out of UK

BUT u have to pay taxes on extn income

virgo_2k
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Post by virgo_2k » Wed May 16, 2012 7:04 am

Even if these earnings are made or lets say paid overseas, even then I have to pay taxes??

Sushil-ACCA
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Post by Sushil-ACCA » Wed May 16, 2012 9:33 am

virgo_2k wrote:Even if these earnings are made or lets say paid overseas, even then I have to pay taxes??
than no one will pay tax here


it works like this

all income for that year will be taxed here and tax calculated if u have paid any tax abroad will be deducted and balance to be paid here

HMRC will need all documents of tax paid abroad so giving benefit of double tax

and on wards u have to file return for all year to claim yr ilr other wise issues will be in yr ilr

virgo_2k
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Post by virgo_2k » Wed May 16, 2012 9:36 am

So in my case, since i do not have any tax returns, can i still get extension on my Tier1 or it will be declined?

Sushil-ACCA
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Post by Sushil-ACCA » Wed May 16, 2012 9:51 am

virgo_2k wrote:So in my case, since i do not have any tax returns, can i still get extension on my Tier1 or it will be declined?
u have to file tax returns and make yr tax retrun file thats all before applying ho

virgo_2k
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Post by virgo_2k » Wed May 16, 2012 11:22 am

So this means without having the tax returns, i am ineligible to file an extension application? Please confirm this. I am required by the employer to support a porject overseas and since I am working as a contract employee, employer didn't pay any tax on my behalf.

As per my understanding of the Tier1 extension guidance, i still should be able to get an extension.

virgo_2k
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Post by virgo_2k » Thu May 17, 2012 1:09 pm

I called UKBA enquiry multiple times today but didn't get any satisfactory answer. Infact they seem to be clueless themselves. Guideline states that UKBA will consider any earnings made overseas but it doesn't provide any guidance towards taxation in such circumstances. Any ideas?


Is it mandatory to have any tax return documents to file a leave to remain application on Tier1 General?

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