Tier 1 Extension: UK Experience Dilemma

[zen135]

Dear Experts,

I'm a new member here and would like to start off by thanking you all for the wonderful support that you provide here.

I'm currently in the Tier 1 General category. I'm employed full-time (5 days a week) in the UK and get around 30-35 working days (a period of between 6-7 weeks incl. non-working days/weekends) as paid annual leave every year from my UK employer. During my annual leave period, I travel overseas and do some temporary contractual work on my own and get paid in my overseas bank account. I also get paid my normal wages in the UK during this annual leave period when I'm overseas.

My question is, would my UK earnings during the annual leave period be disregarded for the purposes of showing the minimum of £25k to claim 5 points for 'UK experience', as I was not physically present in the UK during the annual leave period, when I was paid by my UK employer.

The immigration rules say, 'Previous earnings will not be taken into account for the purpose of awarding points for UK experience if the applicant was not physically present in the UK at the time those earnings were made.'

The above rule seems a bit vague as it could be interpreted to mean that if you go overseas during your annual leave period and you are subsequently paid by your employer during that period, those earnings might be disregarded for claiming points under 'UK Experience' as you were not physically in the UK then.

I ask this because I would be showing my overseas income during the annual leave period (say for example, Jan-March in a year) for my Tier 1 Extension and I'm worried that this would mean that the UK earnings during this period might be disregarded under 'UK Experience'.

I would really appreciate any advice on this matter. Thanks in advance.

[tier1_applicant]

Dear Experts,

I'm a new member here and would like to start off by thanking you all for the wonderful support that you provide here.

I'm currently in the Tier 1 General category. I'm employed full-time (5 days a week) in the UK and get around 30-35 working days (a period of between 6-7 weeks incl. non-working days/weekends) as paid annual leave every year from my UK employer. During my annual leave period, I travel overseas and do some temporary contractual work on my own and get paid in my overseas bank account. I also get paid my normal wages in the UK during this annual leave period when I'm overseas.

My question is, would my UK earnings during the annual leave period be disregarded for the purposes of showing the minimum of £25k to claim 5 points for 'UK experience', as I was not physically present in the UK during the annual leave period, when I was paid by my UK employer.

The immigration rules say, 'Previous earnings will not be taken into account for the purpose of awarding points for UK experience if the applicant was not physically present in the UK at the time those earnings were made.'

The above rule seems a bit vague as it could be interpreted to mean that if you go overseas during your annual leave period and you are subsequently paid by your employer during that period, those earnings might be disregarded for claiming points under 'UK Experience' as you were not physically in the UK then.

I ask this because I would be showing my overseas income during the annual leave period (say for example, Jan-March in a year) for my Tier 1 Extension and I'm worried that this would mean that the UK earnings during this period might be disregarded under 'UK Experience'.

I would really appreciate any advice on this matter. Thanks in advance.

Yes. it will not be counted as part of UK experience. You can only claim for a period you are actually in UK. not that payment was made in your UK account and you were out of country

[zen135]

Thanks for your reply. I need a second opinion please.

[innocentdevil]

i will agree to what tier1_applicant has said.

you cannot claim earnings earned while you aren't in the country.

[zen135]

Thanks. Ok, but this really is holiday pay that I'm talking about which I'm entitled to by statute due to the work already done in the UK. Surely it shouldn't matter where I take my holidays - whether inside the UK or outside ? Does this mean that all employed Tier 1 workers in the UK show their UK holiday pay (paid and taxed in the same way as normal income into a UK bank account) as overseas earnings ( instead of UK earnings ) if they go outside the UK for their holidays ?

I would appreciate any other views on this matter.

[thebionicredneck2003]

Just my 2 cents. For an extension, the policy guidance states:

If an applicant has claimed points in the section for previous earnings, and these were for earnings made both in the United Kingdom and outside the United Kingdom, at least £25,000 of the earnings must be United Kingdom earnings to receive the points for UK.

Your holiday pay is earned in the United Kingdom and tax is paid to the UK government on it.

Regardless of where you are when the money gets paid, it is earned in the UK and not elsewhere, and you pay tax on it in the UK.

For that reason, I believe the earnings will be accepted.

Wait for other responses before accepting my view, but that's just my opinion.

Kind Regards

[zen135]

Thanks for your reply. It makes sense. I was also thinking along the same lines. Let's see what others have to say on this.