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Tier 1 but company transfer for 5 months to home country
Posted: Mon Mar 05, 2012 6:50 pm
by tot
Hey mates,
I am currently on a Tier1 & will have it extended before it expires.
Now I was wondering if :
1. The company in London sends me to home country to their own branch for 6months & continue to pay the salary in uk bank account.
Would I be still eligible for an ILR later(on the 5th yr) as I would not really complete 5yrs (or 4.9 months) of continued stay when completing the 5yrs.
I hope i make sense.
Kinly help. Thanks in advance.
tot
Re: Tier 1 but company transfer for 5 months to home country
Posted: Tue Mar 06, 2012 1:28 am
by malepiscean
When are you due for ILR? And how many days have you been away from the UK already?
In any case as far as this business travel is concerned my advice would be the following:
Option 1: Avoid travel completely if you can, until after you've received your ILR
Option 2: If you're forced to go then agree with your company that you'd keep coming back to the UK as often as possible (say twice or thrice a month for 2-3 days) - this would make your case stronger
Having your Salary and Tax paid in the UK is a very crucial and correct decision - do not budge from this stance at all!
Posted: Tue Mar 06, 2012 9:48 am
by tot
Hey thanks for the reply.
Well my ILR is due almost after three years...for which I was planning an extension which is again due this Aug. As of now. I was here 53 days later my visa grant already. If i'm not wrong the cut off is 90days...i believe.
The company here is planning to send me after my current visa expires...which is in Sep. But If I can I would chose not to do anything which could cause issues with my eligibility for ILR.
I don't really think the company would want me to fly back every month. So it would end up in my expense. Also I need to confirm whether they're willing to pay in me in my London bank account.
Few questions if they agree :
1. It is mandate that you have to physically present to be eligible for ILR in such cases? (if anyone could pass some link to read upon the ILR criteria/rules)
2. As your salary is being paid in UK doesn't that mean that you are serving the london company & just visiting home country for training the staff out there because being a national of home country makes things easy for the company?
Many thanks,
tot