More than 90 days outside UK but salaried in UK.

[Aani]

Dear All,

I am planning my trip to my home country for more than 90 days (due to family circumstances). I am director of a limited company and I withdraw salary and dividends. During my stay in my home country, I will continue to withdraw salary and dividends.

Could someone confirm if this is going to affect ILR in anyways or atleast if this is going to be a question during my extension or ILR application?

Thanks for taking time to read my post and thanks in advance for replying.

Best Regards,
Aani

[geriatrix]

Extension - Irrelevant.
ILR - can be a issue.

[Aani]

Thanks sushdmehta for the swift response.

I just read from the policy guidance for Tier 1 general and it says:

If an applicant has earned monies
in the UK for a period during which he/
she remained overseas (eg. a company
director drawing a UK salary but remaining
based outside the UK) such earnings will be
accepted.

When earnings will be accepted then more than 90 days period will it be accepted? Can we take it as implicit from the above statement?

When you specify "can be a issue" does it mean It may/may not be an issue based on CW? Or my application will fail for sure?

[geriatrix]

I am planning my trip to my home country for more than 90 days (due to family circumstances).

When you specify "can be a issue" does it mean It may/may not be an issue based on CW?

Without going into a detailed explanation on the minute details of the requirements of settlement, let me, in brief, put it this way:

Single absence of more than 90 days for personal reasons (irrespective of whether you were receiving a salary in the UK) will reset your ILR clock.

Single absence of more than 90 days for business reasons may be disregarded by the CW subject to the evidences you submit to prove to the CW that continuous residence in the UK was not broken (and one of the evidence (amongst others you'll need) you may use is the payment of salary in the UK).

Tip: If your presence overseas is needed for more than 90 days, consider returning to UK for a short trip - even if for 1 second - before the 90 days are up.

[Aani]

Thanks Sushdmehta. That is what I am planning to do. I will return on my 87th day and will go back if necessary.

Another question (your suggestion will be useful in near future for me to decide), if you could give your valuable inputs it will be really helpful.

What if someone goes on both personal and business visit? The reason I ask this is, I have plans to start overseas branch (in my home country) for my limited company to do some projects which I have in my mind. (All these are at the early stage). In that case,I might need to stay there for more than 90 days (to start a company, to recruit someone to do the work, to initiate the project etc).

How can I project my absence. Can I show all the proofs that I did related to business & projects in my home country to prove that mine is a business trip.

Above all these I am trying to stick to the 90 days rule to avoid any difficulties during ILR.