Tier 1 G To ILR - Absence and Qualifying

[aaatech]

Hi Experts,

I hold tier 1 general till Dec 17. I'm planning to apply for ILR on 01/06/2016. I have been reading through others experience and learn that HMRC tax match for previous years(/extensions-3+2+2) is important. I have been full time employment from beginning.

I have P60, HRMTC history, payslips and Bank Statement for last 5 years, but...I'm offshore recruit and working here onsite so for initial 2 years you receive tax free living allowance which do not reflect on P60/HMRC but clearly mention on payslips as living allowance.

I don't see any such cases before in forum so hope this will not be an issue.
My questions are:
- do you see this as problem? how caseworker understand this? e.g. for first 2 years, P60-26k, HMRC paid tax for 26k but actual earning/point claimed for first two years was 36k due to living allowance tax benefits.
- I'm applying by post, should I add previous extensions salary slips & bank statement to avoid any disappointment.
- should I prefer to go in person instead of post?


======================================================
Further Details if you want to read:

Against the component 'Living allowance' in your salary structure, certain expenses are tax
exempt under dispensation.
• Dispensation is a tax benefit provided by HMRC to any worker deputed to a work place, within
UK, on a temporary basis. The philosophy behind this is that an employee who is relocated on
a temporary basis, has to maintain two households (one at his base and other at place of work)
leading to higher expenses. To support such movements, these expenses of the employee are
exempt from income taxes.
• Dispensation is applicable to all expats ( non UK nationals) on a deputation to UK for a
temporary period and have a living allowance component in his / her salary , working within
UK
• Temporary period as per UK tax law, is any work duration which is expected to be less than 2
years in a location, different from his base location of employment.
1st date of 24 months is calculated based on the logic of continuity of stay in UK with a gap, if
any, or less than or equal to 6 months. Any duration which is greater than 24 months is
deemed to be permanent and no tax exemption is provided. Employee may re-enter UK, after
end of the last assignment. However, please do note that any gap in UK for stay lesser than or
equal to 6 months will be considered as the continuation of the previous trip (irrespective of
long term or short term assignment).

[mike799]

Page 22 of Tier 1 General says
Allowances
102. We will only include allowances (such as those for accommodation or schooling for your
children) in the assessment of your previous earnings if they are part of your
remuneration package and are not paid to reimburse you for money you have
previously spent.
103. We will only accept allowances as earnings if they are declared in your payslips and there
is a contractual obligation on the employer’s part to make these payments.

https://www.gov.uk/government/uploads/s ... 4_2015.pdf

It would be wise to include last 5 years P-60 along with all documents and contractual agreement clearly mention living allowance is part of your remuneration.

[aaatech]

thanks mike799,
ok than I'll send P60, payslips, bank statements and contractual agreement for all previous extension. or will it be to much papers with my application?

[aaatech]

Hi Experts,
I appreciate any advise with below queries:

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK
24/08/2010 Left UK

15/10/2011 back in UK(since than I've been in the UK)
[Holidays out of the UK - 17 days in 2014 & 24 days in 2015]

Planning to apply in person on 18/05/2016
Q1. calculating continous residency - backword in year5 start from 18/05/2011 but I return to uk on 15/10/2011(less than 180 days). am I qualified for ILR?
Q2 I left UK and start working in my home country. as per set(o) form Q6.2(since thn absences from uk?) do I need to provide evidence? if yes than, I have experience letter issued by employer. is it ok?
Q3 Also, I'm confused with Q7.13(how long you lived in the UK?) should I say 5 years or what? and I should left table blank as above I don't have more than 6 moth absence in last 5 year. am i correct?

thank you in advance for your advise and time.

[aaatech]

Waiting for your response, looks like experts are not back online yet...please advise. thanks.

[geriatrix]

People will respond if and when they wish to.
So, please be patient!

[aaatech]

While answering below queries, please note that my current T1G is valid until 12/2017, for any risk I can wait and apply. Also, below I amend few questions with further clarifications. Moderators to decide if it's worth adding in FAQ as many applicant decide to return UK(continue new journey for ILR) might have the same questions. thanks.

Hi Experts,
I appreciate any advise with below queries:

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK
24/08/2010 Left UK

15/10/2011 back in UK(since than I've been in the UK)
[Holidays out of the UK - 17 days in 2014 & 24 days in 2015]

Planning to apply in person on 18/05/2016

Q1. calculating continous residency - backword count for year-5 start from 18/05/2011 but I return to uk on 15/10/2011(less than 180 days away from UK). am I qualified for ILR? Do I need to be physically present in UK from the first day?

Q2 I left UK and start working in my home country. as per set(o) form Q6.2(since thn absences from uk?) do I need to provide evidence as it was not UK employer/work related? if yes than, I have experience letter issued by employer. is it ok?

Q3 Also, I'm confused with Q7.13(how long you lived in the UK?) should I say 5 years or now? and I should left table blank as above I don't have more than 6 moth absence in last 5 year. am i correct?

thank you in advance for your advise and time.

[aaatech]

Appreciate your comments on below:

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK
24/08/2010 Left UK

15/10/2011 back in UK(since than I've been in the UK)
[Holidays out of the UK - 17 days in 2014 & 24 days in 2015]

Planning to apply in person on 18/05/2016

Q1. calculating continous residency - backword count for year-5 start from 18/05/2011 but I return to uk on 15/10/2011(less than 180 days away from UK). am I qualified for ILR? Do I need to be physically present in UK from the first day?

Q2 I left UK and start working in my home country. as per set(o) form Q6.2(since thn absences from uk?) do I need to provide evidence as it was not UK employer/work related? if yes than, I have experience letter issued by employer. is it ok?

Q3 Also, I'm confused with Q7.13(how long you lived in the UK?) should I say 5 years or now? and I should left table blank as above I don't have more than 6 moth absence in last 5 year. am i correct?

thank you in advance for your advise and time.

[aaatech]

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK

24/08/2010 Left UK
after 9 months
15/10/2011 back in UK(since than I've been in the UK)

[Holidays out of the UK - 17 days in 2014 & 24 days in 2015]
Planning to apply in person on **/05/2016

calculating continous residency -

backword count for year-5 start from 18/05/2011 but I return to the UK on 15/10/2011. Do I need to be physically present in UK for full 5 years? Can I apply for ILR now? or wait for 15/10/2016?

thanks

[CR001]

Please keep your questions about the same application in a single topic (this one, all merged now). See Multiple Posts (click)

Also, try and be a bit patient for a response.

People will respond if and when they wish to.
So, please be patient!

[aaatech]

Unfortunately no response, anyone know why my PM messaged stuck at outbox?

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK

24/08/2010 Left UK
after 9 months
15/10/2011 back in UK(since than I've been in the UK)

[Holidays out of the UK - 17 days in 2014 & 24 days in 2015]
Planning to apply in person on **/05/2016

calculating continous residency -

backword count for year-5 start from 18/05/2011 but I return to the UK on 15/10/2011. Do I need to be physically present in UK for full 5 years? Can I apply for ILR now? or wait for 15/10/2016?
During this gap I start working back at home country. is experience letter is ok as evidence?
thanks

[CR001]

Unfortunately no response, anyone know why my PM messaged stuck at outbox?

You don't have permission and access to the PM function as you are a new forum member.

Members only have the privilege of PM function once they have reached 30 posts. If you post nonsense or frivolous posts to boost your post count, these will be deleted and your PM function disabled.

[aaatech]

Thanks CR001! I'll wait...

[aaatech]

ok, It has been days but no response so I'm bringing down my queries to 1(one) only. please try to answer:

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK

24/08/2010 Left UK
after 9 months
15/10/2011 back in UK(since than I've been in the UK)

continuous residency backward count for year 5
18/05/2011 to 18/05/2012 (I return to UK on 15/10/2011) 150 days absent
what evidence require as I was working back in my home country(not UK employer)? I have experience letter. is it ok? or I should apply for ILR on 17/09/2016(28 days before my last entry)?

I hope to get response this time. thanks.

[aaatech]

Please don't merge this with my other post, please or it'll never be discuss

As per continuous residence guideline as below:
" Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling reason "

" Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year. "

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK

24/08/2010 Left UK
after 9 months (Employment outside of the UK - no economic activity in UK)
15/10/2011 back in UK(since than I've been in the UK)

backward count for 5 years(from 24/05/206) calculate 150 days away from UK as above.

I understand that it's less than 180 days but what about the comment above in HO guidelines?

I have appointment on 24/05. should I delay it or not? please please reply.

[CR001]

Please don't merge this with my other post, please or it'll never be discuss

Merged!! Multiple Posts (click)

If you are going to persist in ignoring the forum rules and our requests to keep your questions on the same topic in one place (i.e. this topic), your access to the forum might be restricted. Also, stop tagging your questions (again) onto other users topics.

Most members wait patiently for responses. All members can see when you have posted an update post.

[aaatech]

who ever have similar query/situation. please left one line here(something - your application date) and one of us can share their after experience to resolve this mystery. please don't just read and left. thanks

[aaatech]

I'm going in person next week, moderator please comment on below queries. views hits more than 500...but not a single response. thanks.

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK

24/08/2010 Left UK
after 13 months (Employment outside of the UK - no economic activity in UK)
15/10/2011 back in UK(since than I've been in the UK)


backward count for 5 years(from 23/05/206) calculate 150 days away from UK as below.

Absences
23/05/2011 - 23/05/2012 ------------148 days
23/05/2012 - 23/05/2013------------ none
23/05/2013 - 23/05/2014------------15 days
23/05/2014 - 23/05/2015------------23 days
23/05/2015 - 23/05/2016------------none

Questions:

1) am I qualified for ILR( I have PEO booked next week)? I understand absences are less than 180 but employment was outside UK.
confused around guidelines:

As per continuous residence guideline as below:
" Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling reason "

" Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year. "

2) what evidence should I provide for 148 days absence - I have reliving letter, Salary Slips. is it acceptable absences?

[aaatech]

I searched forum and don't see applicant who had similar query came back confirm ILR successful indicate their is higher risk for me to apply now. I think I'll reschedule my appointment to delay it.

Meanwhile, if any senior member can advise would be great help and I would like to continue my PEO appointment next week if I'm already qualified.

I'm going in person next week, moderator please comment on below queries. views hits more than 500...but not a single response. thanks.

History:
01/10/2009 T1G issued
22/11/2009 Entry to UK

24/08/2010 Left UK
after 13 months (Employment outside of the UK - no economic activity in UK)
15/10/2011 back in UK(since than I've been in the UK)


backward count for 5 years(from 23/05/206) calculate 150 days away from UK as below.

Absences
23/05/2011 - 23/05/2012 ------------148 days
23/05/2012 - 23/05/2013------------ none
23/05/2013 - 23/05/2014------------15 days
23/05/2014 - 23/05/2015------------23 days
23/05/2015 - 23/05/2016------------none

Questions:

1) am I qualified for ILR( I have PEO booked next week)? I understand absences are less than 180 but employment was outside UK.
confused around guidelines:

As per continuous residence guideline as below:
" Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling reason "

" Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year. "

2) what evidence should I provide for 148 days absence - I have reliving letter, Salary Slips. is it acceptable absences?

[aaatech]

I'm back to answer my own questions,
ILR approved!!!!
let me know if you have query regarding similar history.....
thanks CR001 for advise and keep merging my post and keeping forum tidy

[karankun]

Hi aaatech

Congratulations for your ILR success...

I am facing more or less same issue and would highly appreciate if you can help me out..

Months Days Absence

Jun 16 - Jun 15 35
Jun15 - Jun14 22
Jun14-Jun13 23
Jun13-Jun12 54
Jun12-Jun11 146

I got my first Tier1 G in Mar 2011 and went out after couple of days of getting my Tier 1 Gerneral and then I returned back in Sep 2011 making a total absence of 178 days. I was working outside UK during this time and there was no economic activity in UK.
I am confused about this now as acc to absence guideline

Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.

I think this is a bit similar to your case that's why thought you can advise best. What reason should I show for this first break as there was job outside UK and I was getting paid there only no economic activity whatsoever in UK.

And what evidence is required for this leave..

I would be highly grateful if you can pleas ehelp me out on this...

[aaatech]

with my limited experience, I see no issue related to absence with your application.

It'll be counted backward and as long as absences are under 180 days, you are fine. I provide no evidence for my absences outside the UK(148 days) as it was not the UK employment related and under 180 days limit. yes, I have provided absence letter for my UK employment related absences.

[karankun]

Hi aaatech

Thanks for your reply. but what was the reason that you menntioned against this 148 days absence?

[karankun]

Sorry I meant what reason did you quote for this break while filling up the form in 6.2 section..
Cheers

[aaatech]

"Technical Certification/Employment"

if you going in person keep your overseas employment proofs with you in case if CW request to see...