Foreign Earnings for Tier 1 General Extension

[ashpat]

Hi Guys,

I'd your thoughts on this issue:

I’m in the UK on a Tier 1 General Visa. My visa is due for renewal in 2011. I’m concerned about the points required for previous earnings in extending my visa. Below is a background of my situation:

Owing to the financial crisis, I lost my job last year. After months without a job, I got an offer to work for a company outside the UK. I took the offer and continued searching for a job back home. However, I only just found a UK based job this month.

When I apply for Tier 1 extension next year, the combination of my foreign earnings and my UK earnings for 12 months before, will be enough to meet the points for extending.

My concern is this:

- Will earnings from my foreign employment be allowed to count towards points in the "previous earnings" category?

- Also, will the fact that I was working for a company outside the UK, count against me during extension? (Though I worked for them for the last 9 months, I was always in the UK every other weekend)

Thanks for your replies.

[geriatrix]

The fact that you left UK to work abroad may go against you as Tier 1 (General) is meant for working and living in the UK. Moreover, if you worked abroad on a "work permit", it is clear indication of intention to leave UK temporarily / permanently for employment purposes.

Had you been employed in the UK but posted abroad by the employer and also paid in the foreign country, it would have been different and a letter from the employer certifying your overseas posting as a mandatory job requirement would have sufficed.

135. If, during the period for which we are considering the applicant’s previous earnings, he/she has earned money from outside the United Kingdom, he/she can include these in the calculation to score points for earnings. The applicant should provide details of the overseas earnings, in the original currency in which they were paid. The applicant should convert these earnings into pounds sterling by using the closing exchange rate on the OANDA website for the last day of the period for which he/she has claimed earnings in that currency.

Note the inclusion of word "from". To support your case, this word should not be there in that sentence.

IMHO ....


regards

[ashpat]

Thanks for your reply, sushdmehta. I appreciate it. Nevertheless, it tells me I'm in a difficult position.

Yes, I was given a work permit for that assignment but it was a temporary permit (valid for only 1 year). Also, I still maintained my house in the uk with my family (wife and child) living there. So I was shuttling back and forth.

Do you think in your opinion that could help my case?

[aliq09]

Thanks for your reply, sushdmehta. I appreciate it. Nevertheless, it tells me I'm in a difficult position.

Yes, I was given a work permit for that assignment but it was a temporary permit (valid for only 1 year). Also, I still maintained my house in the uk with my family (wife and child) living there. So I was shuttling back and forth.

Do you think in your opinion that could help my case?

Hi ,

If your nature of job is sales person and you are employed in UK company and have overseas job task than a letter from your company will do the trick . There is one small problem , if you are paid out side than you have to show them further proves that why the payments were not made in UK account with tax bands .


So your case needs really some one good in these sort of things. It will be easier , if you are working for a UK company , they will send you overseas , put your pay in UK and pay tax and at the end of the day you have to put your HSBC UK card in overseas ATM to with draw money .. This is the happy ending part but your case is different .... go and seek some lawyer ...

[mahesh.lee]

i am in the same position. please refer to the discussion in this thread.

http://www.immigrationboards.com/viewto ... highlight=

[ashpat]

Just found another thread - http://www.immigrationboards.com/viewtopic.php?t=42364.

Apparently, someone applied for Tier 1 Extension with all 12 months earnings from outside the UK, and got it approved. He also has an email from HO saying its alright. The feedback is that this is allowed but no uplift ratio will be applied (my earnings are sufficient so won't be a problem).

Thanks for your feedback, Ali & Manesh. That thread was helpful.

[merope]

Hi,

Did you got your extension approved without working in UK? I am now in the same condition and I need information which apparently is not written in any where!

I have enough points without uplift, but all my earnings are made in my home country (i did not use my tier-1 visa, because the economy was in a bad shape, I stayed at my home country)

I'd be thankful to you if you share your experience with me, thanks in advance.