BRP holder working abroad and other issues

[uchida]

Hi Guys,

I do apologise if the questions I'm about to raise has been answered in any previous threads. I couldn't find them, hence the need to raise a new thread. If they have been raised previously, please reply with the relevant links.
There're 2 questions/ issues I'll need help with. These issues relate to two of my mates. Mate A: Has refugee status, was issued BRP in 2013 which expires in 2018, after which he's meant to apply for ILR. He's had 3 potential IT job offers abroad. 1 of the jobs is in Geneva, one in UAE and another in USA. My enquiry is, how does him being away from the UK for a considerable time affect his application for ILR in 2018? are there any caveats to taking up employment abroad when on the type of status he is on? He currently has a Convention Travel Document and his employers are sponsoring his working visa to the countries he might choose to work for.

Mate B: He is currently illegal as he has been served an IS96, and exhausted all appeals he had on a previous application. He has an EU girlfriend who is heavily pregnant with his baby. What are the chances of him regularising his immigration status via the child? will the cohabitation and prove of subsistent relationship with the mother of the child be required?

Again, guys if there're threads that has answers to these question, please post the links. I will be grateful for any helpful responses.

[CR001]

Mate A - if he does not reside in the UK, he will not qualify for ILR in 2018. If he leaves, it is possible he will lose his refugee status as he is then not obviously a refugee in the UK.

Mate B - difficult, wait for other mods or gurus to advise but your friend is not in a good situation.

[Casa]

Mate B - is he living with his girlfriend and if so, for how long?

[uchida]

[quote="CR001"]Mate A - if he does not reside in the UK, he will not qualify for ILR in 2018. If he leaves, it is possible he will lose his refugee status as he is then not obviously a refugee in the UK.

Thanks a lot CR001 for your quick response. The nature of the employment is actually temporary. He's a contractor, and does short term contracts as self employed LTD company registered here in the UK. He's still paying UK taxes whilst working abroad. Doesn't the fact that he's still rooted in the UK in that way count for anything? He might not be physically in the UK during the periods of his employment abroad, but he'll still be making his NI contributions and paying other taxes via this job abroad.

Hope this makes some sense.

[uchida]

Mate B - is he living with his girlfriend and if so, for how long?

Mate B is not living with his girlfriend at the moment, but has known her for over 5 years..but has no documentary evidence of this. He was living with his partner with whom he made applications with, and hit a bad complication in the process. That application has since been exhausted via every means imaginable. I can elaborate on the details of that application if it will have an impact on any future applications he wishes to make.
Cheers Casa

[Casa]

Then CR001 is right. An 'anchor baby' won't secure his right to remain in the UK.

[uchida]

Then CR001 is right. An 'anchor baby' won't secure his right to remain in the UK.

Hi Casa. I'm a bit confused as to what your response was actually regarding to. Is CR001 right on his response to Mate A, despite the further clarification i made on the matter? or is "Then CR001 is right. An 'anchor baby' won't secure his right to remain in the UK.[/quote] solely aimed at the Mate B situation? Cheers for your responses.

[Casa]

As I asked about 'Mate B' I was giving my opinion on 'Mate B'. CR001 was right when she said that the application would be difficult and that your friend is not in a good situation. He's not in a durable relationship 'akin to marriage' and co-habiting with the mother of his child.

[uchida]

As I asked about 'Mate B' I was giving my opinion on 'Mate B'. CR001 was right when shesaid that the application would be difficult.

Oh Ok thanks. I know it'll be very difficult. If he cohabits with the "girlfriend" akin a married couple (in what used to be a common law partnership) will it make the situation less ambiguous?

[Casa]

Too late. He should have been doing that for the last 2 years, but during that time he appears to have been living with another woman who was used to support the previous failed application.

[uchida]

Too late. He should have been doing that for the last 2 years, but during that time he appears to have been living with another woman who was used to support the previous failed application.

Cheers Casa, What's your take on Mate A situation?

[Casa]

I can't add anything to CR001's advice.

[Wanderer]

He's a contractor, and does short term contracts as self employed LTD company registered here in the UK. He's still paying UK taxes whilst working abroad. Doesn't the fact that he's still rooted in the UK in that way count for anything? He might not be physically in the UK during the periods of his employment abroad, but he'll still be making his NI contributions and paying other taxes via this job abroad.

Hope this makes some sense.

Not true, tax is paid where the work is done.

And you cannot contract via a UK limited in Switzerland, you have to be employed on a local payroll.

[uchida]

He's a contractor, and does short term contracts as self employed LTD company registered here in the UK. He's still paying UK taxes whilst working abroad. Doesn't the fact that he's still rooted in the UK in that way count for anything? He might not be physically in the UK during the periods of his employment abroad, but he'll still be making his NI contributions and paying other taxes via this job abroad.

Hope this makes some sense.

Not true, tax is paid where the work is done.

And you cannot contract via a UK limited in Switzerland, you have to be employed on a local payroll.

Thanks Wanderer. So in order words, he'll have to keep contracting in the UK if he wants to keep his UK status?

[Wanderer]

Not true, tax is paid where the work is done.

And you cannot contract via a UK limited in Switzerland, you have to be employed on a local payroll.

Thanks Wanderer. So in order words, he'll have to keep contracting in the UK if he wants to keep his UK status?

Well nothing wrong with working abroad and paying the taxes via any DTA agreements, but I've no idea if that would impinge on his leave to remain. Is he allowed to work at all? Asylum seekers are not allowed to be self-employed aren't they? But working under a Ltd is not self-employment, but I think UKVI considers it such.

Bit complex.

[uchida]

Not true, tax is paid where the work is done.

And you cannot contract via a UK limited in Switzerland, you have to be employed on a local payroll.

Thanks Wanderer. So in order words, he'll have to keep contracting in the UK if he wants to keep his UK status?

Well nothing wrong with working abroad and paying the taxes via any DTA agreements, but I've no idea if that would impinge on his leave to remain. Is he allowed to work at all? Asylum seekers are not allowed to be self-employed aren't they? But working under a Ltd is not self-employment, but I think UKVI considers it such.

Bit complex.

He is allowed to work, claim benefits etc. He has pretty much the same rights to UK amenities and social services as every other UK permanent resident (I think) He does his self assessment every tax year and does his NI contributions etc.