ILR question before an important decision

[nirmal_kishore]

Folks
I have seen some topics from the past that bear some resemblance to my situation but I thought I'd ask some questions before I commit myself to a very lucrative offer.

I arrived in the UK in May 2007 on the basis of a Work Permit, switched to Tier 1 in Oct 2009, and I guess I can apply in April / May 2012 for ILR.

I am currently working as a contractor and have just been contacted for what I believe is an excellent contract for a period of 6 months in the UAE. So quite obviously this is a very tempting offer coming my way but 6 months outside the UK is where the challenge is. For the purpose of this query, please consider that the client has not agreed to pay me in the UK (they are considering though). The 6 month contract is expected to start mid-Dec and will go on till mid-Jun 2011.

So Q1: what will happen to my eligibility in May 2012?
Q2: Considering they would pay me in the UAE, technically I wouldn't have any 'tax' status in the UK for the 6 months. How will this impact the ILR application.
Q3: Alternatively if I do manage to get the client make payments to my Ltd company in the UK, will that be a better situation to be in?
Q4: I have heard mixed things about the absences rule - but the last I was told was that I should have stayed in the UK for the 12 months prior to when I apply for ILR will, so in my case if I return in Jun 2011, then I cannot apply till June 2012. How correct is this?

Thanks
Nirmal

[vinny]

See also Chapter 6A - Settlement.

[xyz123]

So Q1: what will happen to my eligibility in May 2012?
Q2: Considering they would pay me in the UAE, technically I wouldn't have any 'tax' status in the UK for the 6 months. How will this impact the ILR application.
Q3: Alternatively if I do manage to get the client make payments to my Ltd company in the UK, will that be a better situation to be in?
Q4: I have heard mixed things about the absences rule - but the last I was told was that I should have stayed in the UK for the 12 months prior to when I apply for ILR will, so in my case if I return in Jun 2011, then I cannot apply till June 2012. How correct is this?

Thanks
Nirmal

1- No one knows stuation in May 2012. Old government was planning to implement higher requirement for PBS in July 2011. Remember that bill has been passed in parliament so technically it can be implemented almost at any time.
2-If paid in UAE it will be extremely difficult to get ILR as it is clearly a break in residence.
3- If paid in UK it may help you but it is still in caseworker's hands. will you have your family in UK while you are away? it may help?
4- There is no such rule as far as i know. There is a rule that you can not go out of country for more than 90 days in last year but that is for Citizenship and not ILR.

HTH.

[tintin]

Nirmal, as others have said - no one knows what will the rules be in 2012. perhaps the system of earned citizenship will be in place by then.

It is quite possible that going away for 6 months is treated as a break in residence. Are you going to work for the same employer or is it a different company altogether?

In case it is the same employer, you can perhaps get a letter from them that the 6 monhs gap was due to an overseas assignment !