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Urgent Help required: ILR Timelines

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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anmathai
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Joined: Wed Apr 16, 2008 10:32 am

Urgent Help required: ILR Timelines

Post by anmathai » Wed Apr 16, 2008 10:34 am

I am applying for my ILR with the Public Enquiry Office directly next :?: week. Could you please let me know how long does it take for the application to go through if I am paying the 950 pound costs to do it directly with the PEO.

Thanks

ANM :?:

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Apr 16, 2008 2:01 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

anmathai
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Joined: Wed Apr 16, 2008 10:32 am

ILR Application

Post by anmathai » Wed Apr 16, 2008 2:24 pm

Thanks Vinny for the links.

I am currently working in the UK for the past five years on a UK Work permit. I am actually employed by a company in india and have been seconded to a client in the UK during the past 5 years. During this time I have been on an India Salary and have been living in the UK on an allowance which includes housing travel and other substinence. My payslips available are for the Indian Salary and a component in there mentiones the reimbursements onshore as well.

I have also been given an letter by my employer stating that I have been employed with them in the UK for the past 5 years and it also highlights the holidays and out of town assignments I have had in the past two years. It however does not talk about future employment with the company. Is this specific text a requirement by the PEO or would the details provided in the letter be sufficient.

Please do let me know?

Thanks

Arjun

try-one
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Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Post by try-one » Wed Apr 16, 2008 3:32 pm

anmathai,
Have you paid UK taxes?
Have you contributed to the UK economy?

From the information you provided and many other before you it becomes clear that Indian companies are abusing the immigration laws. They hire someone in India for a low salary (Compared to UK salary) and then second the person to a UK company, this is "dumping", it is unfair competition against local professionals and it creates and artificial advantaje for the Indian company who would increase their revenue.

If you are only getting "allowances" then you are not paying UK taxes, you are not giving back to the country. Working in the UK means receiving a salary and paying taxes.....
-------------------------
Life is a journey, not a destination (S. Tyler)

anmathai
Newly Registered
Posts: 3
Joined: Wed Apr 16, 2008 10:32 am

Post by anmathai » Wed Apr 16, 2008 3:37 pm

Hi try-one, I have been paying my taxes for the past 5 years. My last tax paid was over 18000 GBP.
So I am not sure if you could use that statement against me.

vinay shanthi
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Joined: Wed Jul 11, 2007 7:06 pm

Post by vinay shanthi » Wed Apr 16, 2008 7:16 pm

there are double taxation avoidance agreements as per my understanding between india and uk. i cant provide references for the same. but know this from my discussions regarding the same with an incometax addl commissioner in india. they were familiar with these issues as they frequently encountered this issue among it professionals in india filing income tax returns in india.

and further i understand that as per these agreements, one can legally avoid paying tax for any income (allowances etc) in uk for 2y based on these agreements. also if the person exceeds 2y period by even 1 day then the person becomes liable for back taxes for the preceeding 2y period as well.

taxes have to take into consideration other bilateral and multilateral treaties as well. and indian software companies are just legally using the taxation benefits allowed by such agreements. no one is breaking the law by doing this. many top accounting companies doing wealth management etc in uk are doing the same by hiring indian and usa accountants etc to work in uk on secondments. i personally know a few. i knew one who worked here for nearly 2y for such a company and didnt pay taxes. he explained that there were sucg rules which legally exempted them from taxes for 2y in uk.

similarly nondomiciles werent paying taxes as well which will include the major players in finance in london and also business magnates as well. all of them do so because uk laws allows them to do so, to attract them to living here in uk and helps make uk a global financial hub.

and multilateral agreements help uk as well. where there is gain in trade, a country has to make concessions in the services sector as per multilateral GATS agreements in WTO. no country can expect to have their cake and eat it too in the present globalised economy.

so calling these indian companies as illegally avoidding taxes in uk is nothing short of ludicrous. they do so because of these taxation agreements.

after all if it is ok to produce coke pepsi electronics etc in developed countries and also wheat etc under subsidies and flood them in developing countries undercutting local market competitors using these globalised economy rules. then why is it not ok for developing country companies to use the same GATS WTO agreements to enforce taxation issues etc that benefit them in services sector etc

u r misinformed and hence blame the indian companies on this tax avoidance issue. such protectionist ideologies wont hold any legal backing due to the GATS WTO agreements and other bilateral and multilateral agreements signed by uk.

see link for more details on this issue. see my posts on the link

see small extract below
Please see this link for details of all unilateral and multilateral treaties signed by EU nations. It has search features as well. Will be useful to dig up legal treaties which will back our case for preventing discrimination against immigrants



See this link for details of all treaties signed by UK

http://ec.europa.eu/world/agreements/se ... %20Kingdom



for GAT agreements which will be useful for those not on immigrant programs

http://ec.europa.eu/world/agreements/pr ... eatyId=580



For GAT agreement details in service sector

http://ec.europa.eu/world/agreements/pr ... eatyId=624



for database of different agreements which protect common features like human rights etc see this link for entire collection of

http://ec.europa.eu/world/agreements/viewCollection.do



for inventory of human rights collection see this

http://ec.europa.eu/world/agreements/vi ... ileID=9254



for free movement of spouses of EU citizens see this precedent

http://eulaw.typepad.com/eulawblog/2006 ... ent_o.html



beware of going to Belgium, you might work and pay taxes all your life there but might be deported if you reach 65y and cant support yourself but they don’t extradite people for terrorism etc supposedly!!!!!!!!!!!!

http://eulaw.typepad.com/eulawblog/2006 ... n_fre.html



European Union Guidelines on promoting compliance with international humanitarian law (IHL)

http://europa.eu.int/eur-lex/lex/LexUri ... 040007.pdf



WTO dispute resolution system. Don’t know if this can be used to protect immigrant rights via the trade in services clause of the GATS4 agreements of WTO, but it will protect surely those not on immigrant programs such as work permits or dependent visas

https://depot.northwestern.edu/kal438/p ... lution.pdf

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