Immigrationboards.com

Hey,

Apologies if the topic was already highlighted somewhere, but I didn't manage to find anything similar.

situation:
Tier 1, 5 years in the UK
Qualify for ILR via points
Qualify for ILR via allowed absences (not more than 180 and no 90days in a single year)
BUT:
Was employed in the UK directly for only ~15% of time, thus P60 only for less than a year period.
85% of time was employed by overseas organization and paid taxes in that country (but was detached to a UK organization and physically was present here). Also at the time of application.

I've heard that often ILR decisions are made on discretion of a case worker, so the the question is: How do they deal with cases where people are employed overseas (but EEA) and don't pay NI and income tax in UK (legally exempt)

Thanks.

Air wrote:I've heard that often ILR decisions are made on discretion of a case worker.

Only on those aspects of the application that are not related to points, such as continuous residence. There are, however, guidelines that are followed. Defining how you are legally exempt from UK tax will help.

Lucapooka wrote: Only on those aspects of the application that are not related to points, such as continuous residence. There are, however, guidelines that are followed. Defining how you are legally exempt from UK tax will help.

There are double taxation agreements between all of (or most of) EEA countries. In principle I should've paid taxes here and then had right to claim them back, but since there are many people here working by the same scheme, HMRC agreed to skip this part. Among those people I'm probably the only one who needs work permit though, so I cannot rely on their experience..

let me rephrase the question. For Tier 1 extension one could claim overseas earnings. Did anyone have experience of claiming overseas earnings for ILR, providing they are paid to UK bank account and that the applicant was doing his job physically staying in the UK?

To answer your question, yes there have been. You will be fine, as long as you don't need or expect the five points for UK experience.