Can expat to other countries apply ILR in the UK?

[NetBlake]

Hello,

I have been in the UK for 6 years (2 years as student and 4 years as HSMP and Tier-1). I can apply for ILR in Jan-2012 when my stay period with HSMP and Tier-1 will become 5 years.

Now, my company is outsourcing our business function to India and I have the opportunity to expat out to India for 2 years for 2011.

The questions I have are -
- Can I still apply ILR if I am employed by UK company but salary is paid in India locally?
- If the company can arrange to pay part of my salary into UK bank account, is there a minimum % or amount that they will need to pay into UK bank account?
- Do I need to be physically in the UK when I apply ILR or can I apply from India?
- Can I still apply naturalization in 1 year after ILR if I am still in expat assgnment?
- Are there any other factors that I will need to consider if I'm going expat?

Thanks very much in advance for your answers.

Ted

[geriatrix]

One of the key requirements for settlement as a Tier 1 migrant is 5 years continuous residence in the UK (absences within allowed limits permitted) . See Chapter 6A - Settlement for details.

As a Tier 1 migrant, you cannot apply for settlement from outside the UK.

For naturalisation under current laws, see standard requirements.


regards

[NetBlake]

Thanks - but I was under the impression that if my salary is paid into my UK bank account and I'm employed by UK company with UK contract and pay UK tax, I can still apply for ILR? Is that not correct for Tier-1 settlements?

[geriatrix]

but I was under the impression that if my salary is paid into my UK bank account and I'm employed by UK company with UK contract and pay UK tax,

Well, eligibility criteria such as this would enable anyone who is employed by a UK / UK based company and being paid whole / proportion of his income in UK to be eligible for settlement without even living in the UK for a single day!

Not saying that you'll not be able to apply for settlement if you take up this overseas assignment, but that it will be subject to caseworker discretion. And whether or not that discretion will be in your favor will depend on the documentary evidence(s) you provide to convince the caseworker that your continuous residence in the UK has not been broken.


regards

[geriatrix]

e.g. - if you need a workpermit to take up this assignment in India, the stamp in the passport will be an indication to the caseworker that you did not intend to live and work in the UK. Therefore, it will be up to you to provide evidence(s) to convince the caseworker that it was not so, and despite the overseas placement, continuous residency in the UK has not been broken.


regards

[geriatrix]

Also, for the purpose of naturalisation, the reason for absences is irrelevant (some exceptions allowed) and the number of absences must be within the allowed limit before one can apply for naturalisation.


regards

[NetBlake]

That's very helpful. Thank you very much. I guess I have to decide whether the expat package is worth taking the risk or not then! Thanks a lot.