Returning back to UK on UK Tier -1 Visa

[krishna1215]

Hi Experts,

I worked in UK earlier for a period of 5 months on Tier-1 visa which is valid for 3 years and left to India due to family circumstances.

My visa expiry is on 1/1/2013 (ie nearly 1 year- 1 month from now).

I am planning to return back along with my family(wife and kid who also have tier-1 dependent visas) on Jan 1st 2012. I heard that for Tier-1 visa extension, we got to show last 1 year earnings to qualify. So,we have planned to get back, so that I can work for 1 year before my visa expires and apply for extension showing my earnings.

I am not aware of any new rules. Would immigration entry be a problem?
Just want to make sure as I am traveling with family. Please help!!

[mulderpf]

No, you shouldn't have any problem.

[shahmir]

I have read above that Karishna stayed 5 months in the UK and now planning for another 12 months. So that means total period he is staying in the UK during these three years will be 17 months only.

I have further questions here from the moderators:

1. I have read that we can stay outside the UK for a total period of six months out of five years where one single trip must not exceed 90 days. I know this requirement is for ILR. But is there anyone who can confirm that if a Tier 1 migrants lives outside the UK for longer trips and spends most of the initial granted period outside the UK, this surely doesn't effect the extension application?

2. What does the foreign earning means? Does it mean that the employer has its precence in the UK but he is appointing you outside the UK. Or does it mean that you can earn anywhere in the world, living in any country regardless of the employer's existance in the UK?

3. By emerging the above two points, is it possible for Karishna to stay back home, work there for another year, earn for the extension, arrive here by the end of 2012 and apply with foreign earnings?

[geriatrix]

1. Reading the policy guidance will help answer that question. ( But do keep in mind that only requirements are documented, non-requirements are not).

2. Foreign earnings means earnings of the applicant when either of the following applies:
a) posted overseas and being paid overseas.
b) posted in UK but being paid in an overseas account in foreign currency.

The employer's presence (or lack of it) in the UK is irrelevant.

3. No comments.

[shahmir]

Thank you. I have already read policy guidance for more than one time. I am still confused and therefore need simple answers to the following simple questions please:

1. If a Tier 1 (G) migrant lives outside the UK for more than 6 months and his one trip is more than 90 days, will this effect his extension?

2. While living abroad, if he earns money there, would he be able to include these earnings for extension?

3. While living in the UK, is it possible to include earnings from a business which exists outside the UK only and has no presence in the UK in any way?
For example, If I am required to show evidence of £50000 earnings. I earn £26000 from a job in the UK and rest of the £24000 come from back home where I own a business but run through a representative there, will this work for me?

[nks]

3. Technically possible but be prepared for load of paper work, anxious wait period, possible rejection and start again (paper work, anxious wa.....)

[mulderpf]

1. Answered above already, no effect.
2. Yes
3. Technically this is an investment, not employment. It must be very difficult if not impossible to run an overseas company from the UK whilst working full time (try justifying how that is possible!).

[sagareva]

Thank you. I have already read policy guidance for more than one time. I am still confused and therefore need simple answers to the following simple questions please:

1. If a Tier 1 (G) migrant lives outside the UK for more than 6 months and his one trip is more than 90 days, will this effect his extension?

2. While living abroad, if he earns money there, would he be able to include these earnings for extension?

3. While living in the UK, is it possible to include earnings from a business which exists outside the UK only and has no presence in the UK in any way?
For example, If I am required to show evidence of £50000 earnings. I earn £26000 from a job in the UK and rest of the £24000 come from back home where I own a business but run through a representative there, will this work for me?

1. shouldn't affect the extension, but will affect ILR

2. yes

3. technically yes, but it will be loads of paperwork and some anxiety