Work in Republic of Ireland and living in Northern Ireland

[salmanelahi]

Dear All,

I have a bit odd situation, my ILR application is due in Sep 2012 and I have a job offer in Republic of Ireland starting in March 2012.

I can daily commute across borders of Norther Ireland and Ireland (Newry to Dublin). Would living in Northern Ireland (UK) and working in Ireland compromise my ILR application?

I would be home everyday so I won't be spending time out of UK entirely but what about the earning out of UK?

Can someone please advise on this issue?

[Obie]

On which basis will you be applying for ILR?

If you are applying under some of the PBS category for which you have to show employment record with a UK employer, it may have an effect, but if it is under the family route, i see little or no issues at all.

[salmanelahi]

Dear Obie,

Thanks for your response, I am on Tier1 at the moment so will be applying on PBS basis. I will be applying under rules effective before 6th April 2010.

Are you sure the employment has to be with a UK employer because I think they do have something like overseas earnings in previous earnings section... isn't there?

Best,
Salman.

[Obie]

Yes you are correct, but you will not be able to obtain point for UK experience, and also you will not be able to secure point for bachelor's degree, if that is the qualification you hold.

I lived in Ireland for some time, and i use to shop at Newry when i lived their, so i know it is in close proximity to Dublin.

The main difficulty i envisaged, is the fact that you will hold a Stamp 4 of some sort, and it will show you have a leave to remain in Ireland.

I am sure if your wage in Ireland is good, then it can make up for the 5 point you will miss, my main concern is the caseworker might want to be horrible, and assert that he or she is not satisfied you spend a continuous period of 5 years in the UK. You will have to supply sufficient evidence that you were clearly based in the UK, and not simply circumventing the UK immigration rules.

[salmanelahi]

Well, I have Masters' degree and I will get 45 points for earnings and I do have 5 years of UK experience (even prior to Tier1) that makes the total of (35 + 45 + 5) 85 points based on the rules effective before 6th April 2010. It is just the matter of last 6 months out of 5 years condition.

In the past 4.5 years I have spent 10 weeks out of UK while the limit is 180 days ~ 26 weeks.

So are you saying that earnings can be from a non-UK employer, when you say "yes you are correct"?

I more concerned about the non uk employer condition, is it really that strict or you can have non-uk employer while still staying in the UK.


Many thanks.

[geriatrix]

You may be resident in UK (NI) during the term of this assignment but, assuming you'll be paying income tax in Ireland, you will be employed overseas with no economic ties with UK during the period in question.

Under the current policy there is no restriction that the "previous earnings" must be from employment within UK - so claiming points for earnings (from overseas shouldn't be a problem. That said, you will need to provide clear explanation of the fact that you have maintained continuous residence in the UK for the period in question despite being employed in Ireland. Make sure that you retain all documentary evidence(s) that may help you prove so (e.g. - salary being paid in a UK bank, tenancy agreement, utility bills, council tax bills, etc.) to cover the period you intend to work in Ireland.

[salmanelahi]

Thanks @sushmehta... That kind of answers my question as there is no clear indication about the employer being British.

Thank you very much.
Salman.

[geriatrix]

If possible, arrange with the employer to credit your salary / remuneration in a UK bank account.

[salmanelahi]

Yes thats a good point, I will talk to them. I was also reading the online policy document at http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary which states "Earnings made overseas must be converted into pounds sterling so that we can assess them. The official exchange rate we use is the one produced by OANDA."

I think this means that you can have earnings from overseas and you can qualify for ILR as long as you don't violate other conditions.

This situation also applies to those who are self employed and do free lance work and get paid in dollars! so I don't think so that earnings has to be from a British employer.

Best,
Salman.

[geriatrix]

Technically, someone given leave to enter / remain in the UK as an economic migrant is expected to have economic ties with UK.

[salmanelahi]

Another policy document stating exactly the same situation at
http://www.ind.homeoffice.gov.uk/siteco ... s-1210.pdf
"No uplift ratio is applied to the earnings made if the applicant has been in the UK while doing the work for an overseas company, and no applicants will be entitled to claim uplift rations on overseas earnings for extension applications"

[salmanelahi]

You are right, you still have to pay tax in UK as well regardless of the fact that you have paid tax in the originating country already i.e. tax on overseas earnings according to international treaty between the two countries in question.

However, this is a very peculiar situation and no one would want to do this in normal circumstances, its just to avoid the loss of last 4.5 years' efforts to get ILR and not to miss a great job opportunity. I think I will try to talk to UKBA as well, lets see if they respond