ILR Eligibility if working outside UK for same employer

[tot]

Hi everyone,

I'm on tier1 as of now until 2015. I shall be eligible if I work till then in UK.(and of course if I satisfy other terms as well).

My query is :

A UK based company is planning to send me to home country for 3-6months on a fixed term contract to one of their own branch. They shall pay me in UK bank in UK sterling, after deducting taxes.

If agreed, will I still be eligible for ILR or fall short of the required period?

Please help. Thanks in advance.

-tot

[wpilr_nov12]

Current rules:
no single absence greater than 90 days
no total absence of 180 days over 5 years

In all cases, your primary domicile should be UK.

Also required to justify any excesses:
A solid business case for why you, what would happen if not you, how is it going to be avoided in future, impact to business, economy (both in UK) of your overseas assignment etc.

Whatever your employer commits to, get it in writing NOW, as much detail as possible.

Who knows what happens in 2015, both to UKBA rules and your employer.

[tot]

Current rules:
no single absence greater than 90 days
no total absence of 180 days over 5 years

In all cases, your primary domicile should be UK.

Also required to justify any excesses:
A solid business case for why you, what would happen if not you, how is it going to be avoided in future, impact to business, economy (both in UK) of your overseas assignment etc.

Whatever your employer commits to, get it in writing NOW, as much detail as possible.

Who knows what happens in 2015, both to UKBA rules and your employer.

Thanks that surely helps, however are you sure :
*If a UK A-rated company sends one over to their own branch in order to conduct training purposes would be problem to integrate those days for ILR?

*Even if I get a UK sterling paid after deducting Taxes in UK bank account would not be considered?

*Also if I get a written thing from company would that still be considered dicy?

Usually the rules apply to you are same as when you enter the country right?

thanks
-tot

[wpilr_nov12]

You can twist the interpretation of rules to your liking, but you cannot twist the rules themselves.

[tot]

You can twist the interpretation of rules to your liking, but you cannot twist the rules themselves.

Could you please direct me to a link which reads such rules for ILR, please.
Many thanks,
-tot

[wpilr_nov12]

http://www.immigrationboards.com/viewtopic.php?t=79378

[cs95tdg]

Current rules:
no single absence greater than 90 days
no total absence of 180 days over 5 years

In all cases, your primary domicile should be UK.

Also required to justify any excesses:
A solid business case for why you, what would happen if not you, how is it going to be avoided in future, impact to business, economy (both in UK) of your overseas assignment etc.

Whatever your employer commits to, get it in writing NOW, as much detail as possible.

Who knows what happens in 2015, both to UKBA rules and your employer.

Thanks that surely helps, however are you sure :
*If a UK A-rated company sends one over to their own branch in order to conduct training purposes would be problem to integrate those days for ILR?

*Even if I get a UK sterling paid after deducting Taxes in UK bank account would not be considered?

*Also if I get a written thing from company would that still be considered dicy?

Usually the rules apply to you are same as when you enter the country right?

1) There is no "yes" or "no" answer to your question. If you don't exceed the allowed absences then you have no problem. If you do then its in the hands (discretion) of the caseworker who looks at your application & how well your employer/you have justified the absences that go over the allowed threshold.
2) Getting paid in the UK, will certainly not hurt. I.e. it will help prove that you maintained ties in the UK & were economically active in the UK during the period in question.
3) Letter(s) justifying your absences are viewed by individual case workers and every letter/justification will be different. Hence again subject to discretion.
4) I presume you mean the rules that apply when determining your PBS score? If so see sticky... http://www.immigrationboards.com/viewtopic.php?t=90855 Note that this is what the rules state today.

[tot]

Found one here : http://www.immigrationboards.com/viewto ... 93c9a5d5d9

1. FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting
2. If you wish work related absences and absences during annual paid leaves to be disregarded, you'll need to provide supporting evidence (letter) from the employer. Else, all absences will be counted as "personal" and contribute towards the 180.

and here : Q16 - Maximum absences from the UK (economic migrants)
Number of absences is one of the most unclear and contentious issues for ILR. Maximum allowable days out of UK are total 180 days over 5 years and not more than 90 days in a single trip. For absences on account of annual paid leaves and employment related overseas assignments, do include a letter from your employer that clearly highlights the reasons of (work related overseas assignments) absences and that continuity of residence in the UK during the qualifying residential period has not been broken and also lists dates of annual leaves. See also Exceptional discretion in cases where a continuous period has been broken and the following post in this topic.
Only principal migrant is subject to these (absence) requirements, not dependant(s).

[tot]

Current rules:
no single absence greater than 90 days
no total absence of 180 days over 5 years

In all cases, your primary domicile should be UK.

Also required to justify any excesses:
A solid business case for why you, what would happen if not you, how is it going to be avoided in future, impact to business, economy (both in UK) of your overseas assignment etc.

Whatever your employer commits to, get it in writing NOW, as much detail as possible.

Who knows what happens in 2015, both to UKBA rules and your employer.

Thanks that surely helps, however are you sure :
*If a UK A-rated company sends one over to their own branch in order to conduct training purposes would be problem to integrate those days for ILR?

*Even if I get a UK sterling paid after deducting Taxes in UK bank account would not be considered?

*Also if I get a written thing from company would that still be considered dicy?

Usually the rules apply to you are same as when you enter the country right?

1) There is no "yes" or "no" answer to your question. If you don't exceed the allowed absences then you have no problem. If you do then its in the hands (discretion) of the caseworker who looks at your application & how well your employer/you have justified the absences that go over the allowed threshold.
2) Getting paid in the UK, will certainly not hurt. I.e. it will help prove that you maintained ties in the UK & were economically active in the UK during the period in question.
3) Letter(s) justifying your absences are viewed by individual case workers and every letter/justification will be different. Hence again subject to discretion.
4) I presume you mean the rules that apply when determining your PBS score? If so see sticky... http://www.immigrationboards.com/viewtopic.php?t=90855 Note that this is what the rules state today.

Yes I meant rules of the date when first successful grant of leave was issued.
Thanks that too adds.

[tot]

Hi Guys,

Thanks for your replies, Today I have a similar question, but slightly different situation. Any direction to relevant links would be greatly appreciated!

My Tier-1 Gen expires 1st Sep 2015. I shall plan to apply ILR somewhere start of Aug 2015.

My queries are:

1. Will i have the benefit of the new rule which allows 180days of absence in each year until ILR or will I still need to not exceed 180days in the whole of 5yr period as per the entry clearance rule?

2. I would be able to apply 28days before the expiry of my Tier-1 visa which is on 1st Sep 2015. Therefore if I apply say 5th of Aug 2015. How shall I calculate my 5 year period...
- July--June cycle? or
- Aug--July cycle? or
- Sep-Aug cycle?

I know these could be very noobie type questions...but your help will be very much appreciated.

Many many thanks in advance.

Dhanyawaad!
tot