Duration allowed out of UK - Tier 1

[rshelar]

Friends,

I have a question regarding Tier 1 General.

I am presently in UK and have Tier 1 General visa valid till 2012...but can someone please tell me

1. Is there any limitation on the no. of days you can stay out of UK on tier 1? If yes how much is it? Would staying longer than that no. of days make the visa invalid?

2. If I am in the UK on Tier 1, do I necessarily have to be on UK pay roll of a company?

3. Are there similar limitations for ILR and Residency ?

Thank you

[geriatrix]

Reading this will help.

regards

[rshelar]

Thanks sushdmehta...

I am somewhat in a similar situation as described by the first poster in that thread.

From what I knew

- On Tier 1 you cannot stay out of UK for more than 90 days except on business trip
- You need to be on UK payroll

For the second point I am not sure if being on Indian payroll and on deputation in UK makes the second point invalid. Also can anyone confirm the authenticity of the two points I have mentioned.

[pkumar]

Well, When you come to UK they consider you resident of this country, you pay taxes, etc and eventually go for ILR

Most of Indian company send people on deputation to UK .. again deputation to uk ... hence you return back to your base which is india.

Now UKBA says that if you were sent to other country on deputation WITH BASED AS UK then it's fine ... as long as you were paid in UK, u paid tax,etc. Hence they need a employer letter .... few people have managed to get letter from company even though there were never paid in uk and letter (though not explicitly mentioned) might seem as if they were on deputation to other country which if feel is doggy and risky.

That's my thought. I am sure seniors can give you more insight.

[geriatrix]

Thanks sushdmehta...

I am somewhat in a similar situation as described by the first poster in that thread.

From what I knew

- On Tier 1 you cannot stay out of UK for more than 90 days except on business trip
- You need to be on UK payroll

For the second point I am not sure if being on Indian payroll and on deputation in UK makes the second point invalid. Also can anyone confirm the authenticity of the two points I have mentioned.

1. Tier 1 extension has nothing to do with absences from UK. Period! So, if you remain absent from UK for 260 days but still fulfil the Tier 1 extension criteria, your application for extension will not be refused.
2. It is for ILR and naturalisation that absences from the UK come into play.
3. As on date, the limits are as those mentioned in the linked post.
4. The key criteria is provide evidence that "continuity of residence in the UK" is not broken, which is usually proved by showing evidence of salary being earned in UK, income tax being paid in UK, employer letters certifying overseas trips while remaining employed in the UK as work related overseas assignments etc. etc.

Hope this clarifies all doubts.


regards

[rshelar]

1. Tier 1 extension has nothing to do with absences from UK. Period! So, if you remain absent from UK for 260 days but still fulfil the Tier 1 extension criteria, your application for extension will not be refused.
2. It is for ILR and naturalisation that absences from the UK come into play.
3. As on date, the limits are as those mentioned in the linked post.
4. The key criteria is provide evidence that "continuity of residence in the UK" is not broken, which is usually proved by showing evidence of salary being earned in UK, income tax being paid in UK, employer letters certifying overseas trips while remaining employed in the UK as work related overseas assignments etc. etc.

Hope this clarifies all doubts.


regards

Thanks a lot sushdmehta...your replies have been very insightful.

Just one final query, Although I understand that continuity of residence is more relevant for ILR but can I work in UK for an Indian company which pays me salary in INR and allowance in GBP which is not taxed. Would that make my Tier 1 invalid or cause problems in ILR later on

[geriatrix]

Although I understand that continuity of residence is more relevant for ILR but can I work in UK for an Indian company which pays me salary in INR and allowance in GBP which is not taxed. Would that make my Tier 1 invalid or cause problems in ILR later on

AIUI, people paid in the manner you've described (or similar) constitute a significant section of Tier 1 workforce in the UK. IMHO, there isn't any problem with such an arrangement.

regards

[rshelar]

Thanks again for all your help