overseas income for ILR. needed clarification.

[newbie_2013]

Hi All

To keep it short and easy: I am due my ILR this september 2013 as I have been on Tier 1 (general) for 5 years by then. As usual I need to show my earnings for the past 1 year by then (sep'12-sep'13). My question is I have worked in Europe for the past 5 months and was wondering if I can show these earnings!! Ofcourse I will loose points for UK experience, but I will have enough points if I showed these 5 month earnings if properly converted as per UKBA rules. (Also these earnings are from overseas employer paid overseas.)

p.s: I have been out of the UK for a total of 89 days for this job, so time outside UK will not be a problem as I am way below the 180 day mark as per new rules.

I really hope someone will clarify this for me


kind regards
newbie

[newbie_2013]

hi experts

Any suggestions woulb be really helpful as I am not entirely sure if overseas income from a overseas employer will be considered for ilr.

[newbie_2013]

hmm

Sorry for pestering again and again but I searched the whole forum and couidnt find a relevant info regarding my query. Please can an expert help me with this

kindest regards

[Bildor]

The use of overseas earnings is permitted.
However I will recommend u have a minimum of 3 types of evidence if possible e.g. Bank statement, payslip and letter from employer.
In addition to the above, you should include a well detailed cover letter as well as employment contract if possible.

[newbie_2013]

Thanks Bildor

Got those documents. However I thought for someone on Tier 1 visa, don't have to submit employment letter! I got one anyway so not that much of a problem.

thanks a lot

[mulderpf]

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness).

Working at a European company is not for a reason that relates to the purpose of your leave in the UK. AFAIK, this absence is not allowed as you haven't been living in the UK during this time.

[newbie_2013]

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness).

Working at a European company is not for a reason that relates to the purpose of your leave in the UK. AFAIK, this absence is not allowed as you haven't been living in the UK during this time.

i wa only out for 89 days altogether. Flying for week days and returning home for weekends. Also I believe someone on tier 1 do not need to provide the reason if the absence days is less than 180.

[mulderpf]

You need to give reasons for ALL absences (look at the form). You don't need to supply substantiating evidence if less than 180 days. These are two different things.

[newbie_2013]

You need to give reasons for ALL absences (look at the form). You don't need to supply substantiating evidence if less than 180 days. These are two different things.

yes every absence is to be mentioned in the application form even if it's less than 180 days.
But does that mean the continuity in the UK is broken in this case? I was still living in the UK for the whole of the time and commuting on a weekly basis for that specific period of time. I know this would be a problem for someone on a work permit, but is this ok for tier 1 (general) visa as long as absence days are below the 180 day limit.

cheers

[cs95tdg]

OP, I think there a few different points/questions being made here.

1) Did you break your continuous residence in the UK? I don't believe you have broken this requirement, as your absences are clearly under the allowed threshold.
2) Can you use those earnings to claim points for your previous earnings? I believe you can, as there is nothing in the guidance or rules that I've seen which state you can't. But it may take additional time for the UKBA to verify these earnings, so an in-person application may not be advisable.
3) Were those absences due to reasons that were connected with the applicant’s purpose for being in the UK?

It's this last question, which I see as posing a potential problem (grey area). What reason do you plan to state in the form when you list those weekly absences? From what you've stated you maintained a home in the UK during this period and for all intents and purposes lived in the UK but as you were not paid in the UK (I've assumed this, but correct me if wrong) you would have a gap in your HMRC employment history. Did you have any other economic ties to the UK during that time? I don't have a clear yes or no answer to whether this aspect would pose a problem to your application, but am highlighting it for you to think about.

[newbie_2013]

OP, I think there a few different points/questions being made here.

1) Did you break your continuous residence in the UK? I don't believe you have broken this requirement, as your absences are clearly under the allowed threshold.
2) Can you use those earnings to claim points for your previous earnings? I believe you can, as there is nothing in the guidance or rules that I've seen which state you can't. But it may take additional time for the UKBA to verify these earnings, so an in-person application may not be advisable.
3) Were those absences due to reasons that were connected with the applicant’s purpose for being in the UK?

It's this last question, which I see as posing a potential problem (grey area). What reason do you plan to state in the form when you list those weekly absences? From what you've stated you maintained a home in the UK during this period and for all intents and purposes lived in the UK but as you were not paid in the UK (I've assumed this, but correct me if wrong) you would have a gap in your HMRC employment history. Did you have any other economic ties to the UK during that time? I don't have a clear yes or no answer to whether this aspect would pose a problem to your application, but am highlighting it for you to think about.

thanks for the reply.

I can see your point. In terms of economic ties, I am not sure what comes under these. I did move my overseas money back to the UK account, spent the money in the UK, paid bills, car tax, attended lots of interviews before finally getting this job now, etc. Regarding the accomodation, i dont have rental agreement as I was sharing the house with my friend and the rental agreement was on their name.

cheers

[katwmn6]

The use of overseas earnings is permitted.

Hi Bildor,

Are you sure this is permissible for ILR applications? If you could point to anything in the immigration rules or guidance it would be very helpful.

As cs95tdg says, there doesn't seem to be anything clear in the guidance regarding overseas earnings for ILR.

[Bildor]

The use of overseas earnings is permitted.

Hi Bildor,

Are you sure this is permissible for ILR applications? If you could point to anything in the immigration rules or guidance it would be very helpful.

As cs95tdg says, there doesn't seem to be anything clear in the guidance regarding overseas earnings for ILR.

Katwmn6,

The use of overseas earning is allowed, however you must make sure that you meet all other criteria i.e. absence requirements, etc


http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Appendix A of the document above is a reference point (Section 1 - Points-based system, Tier 1 settlement guidance ) pages 38-40

It also includes guidance on how to convert to pound sterling if you are paid in a foreign currency.

NOTE: - You need to check that the above-referenced document is still valid and hasn't been supersceded by a newer version.

[newbie_2013]

The use of overseas earnings is permitted.

Hi Bildor,

Are you sure this is permissible for ILR applications? If you could point to anything in the immigration rules or guidance it would be very helpful.

As cs95tdg says, there doesn't seem to be anything clear in the guidance regarding overseas earnings for ILR.

Katwmn6,

The use of overseas earning is allowed, however you must make sure that you meet all other criteria i.e. absence requirements, etc


http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Appendix A of the document above is a reference point (Section 1 - Points-based system, Tier 1 settlement guidance ) pages 38-40

It also includes guidance on how to convert to pound sterling if you are paid in a foreign currency.

NOTE: - You need to check that the above-referenced document is still valid and hasn't been supersceded by a newer version.

Hi Bildor

I remember you were the member posted your ILR success story (using super premium service I guess). I see that you've provided overseas bank statements in your docuements. Mine is a similar case as I will be providing my overseas bank statements (and payslips, tax forms etc) as proof of my overseas earnings. Just want to clarify this with you as I believe overseas bank statements are OK ( I mean not necessarily have to be a UK based bank as long as it is an internationally recognised and UKBA recognised bank I guess ?)

[Bildor]

Hi Bildor

I remember you were the member posted your ILR success story (using super premium service I guess). I see that you've provided overseas bank statements in your docuements. Mine is a similar case as I will be providing my overseas bank statements (and payslips, tax forms etc) as proof of my overseas earnings. Just want to clarify this with you as I believe overseas bank statements are OK ( I mean not necessarily have to be a UK based bank as long as it is an internationally recognised and UKBA recognised bank I guess ?)

Newbie_2013,

The use of overseas bank statement is allowed, but it must meet the stated evidence requirement i.e. should be stamped and signed if necessary.
I will also want to believe that the banks name, address and contact details will be on the statement.

[katwmn6]

Thanks for your reply, Bildor.

FYI I sent a Freedom of Information request about overseas earnings for Tier 1 (General) ILR applicants and posted their response here.

Assuming the guidance Bildor posted (which is the most current version I believe) is correct, and that the UKBA agent who replied to my FOI request knows what she's talking about, overseas earnings are allowed.