CONSULTANT PARTNER POSTED OVERSEAS

[PeHDRO]

Can a British Resident and a Tier 1-General Migrant form a partnership (consultancy business) with all the legalities / formalities attached to it and then post the General Migrant overseas (Non-EU) on the premise that all income derived from overseas are taxed in the UK?

How will it affect the immigration status of the General Migrant in terms of extension for permission to stay or ILR considering that General Migrant will be travelling back and forth frequently in the UK and overseas, say weekly or fortnight?

Appreciate your reply.

[geriatrix]

Can a British Resident and a Tier 1-General Migrant form a partnership (consultancy business) with all the legalities / formalities attached to it and then post the General Migrant overseas (Non-EU) on the premise that all income derived from overseas are taxed in the UK?

Yes. No problem in a Tier 1 (General) migrant being posted overseas due to work but contributing to the UK economy (e.g. - taxes).

How will it affect the immigration status of the General Migrant in terms of extension for permission to stay or ILR considering that General Migrant will be travelling back and forth frequently in the UK and overseas, say weekly or fortnight?

Tier 1 extension not an issue, settlement may be. Search the forum as information (how) is already available on the forum.


regards

[PeHDRO]

Sush,

Wow, reply so quick! Thanks.

Can I presume from your reply that if the two (2) issues were combined altogether, there will be no problems at all, both for the extension and settlement? Am I correct?

[geriatrix]

Can I presume from your reply that if the two (2) issues were combined altogether, there will be no problems at all, both for the extension and settlement? Am I correct?

You need to define what your 2 issues are, as I see 3!
1. Being posted abroad.
2. Tier 1 extension eligibility in view of extensive absences from UK.
3. Settlement eligibility in view of extensive absences from the UK.

Answer to all three issues is included in my response above.


regards

[geriatrix]

Can I presume from your reply that if the two (2) issues were combined altogether, there will be no problems at all, both for the extension and settlement?

No! Did I state anything to that effect?

Tier 1 extension not an issue, settlement may be.

regards

[PeHDRO]

Sush,

What I meant is that, how paragraph 1 of my original posting affects par 2 in terms of extension and settlement. The 2 questions are meant to be in conjuction.

Apologies for the confusion.

[geriatrix]

Paragraph 1 does not affect the "tier 1 extension" aspect of paragraph 2 (irrespective of number of absences from the UK), provided documentary evidence of income in the UK is included if claiming points for earnings at the time of extension.

Paragraph 1 may affect "settlement" aspect of the paragraph 2 because of excessive absences from the UK because the primary qualifying criteria for settlement is "being resident in the UK", unlike Tier 1 (General) extension where one of the key qualifying criteria is earnings. Two different things!


regards

[PeHDRO]

Crystal clear. Thank you very much.