Absences Abroad

[PSSS]

Hi,

I entered UK in June 2006 with Work permit, since then I am working for the same employer. In last year I switched to Tier1 (No change in employment).

In 2008 I was out of UK in a single stretch 111 days, out of which 52 days are annual leaves (we have Annual Leave carry forward facility) paid in UK and remaining 59 days I worked in India office and paid in India.

I can provide a letter from my employer for the period I worked in India.

Please let me know whether my continuous residence is broken here or still I am eligible to apply ILR.

Regards
PSSS

[PSSS]

Moderators,

Can you please respond to the above query.

Regards
PSSS

[jami]

If for those 59 days your employer has deducted income tax/NI and has deposited the same in UK and if salary/tax of that period is included in your P60 than you are safe. Because as per tax laws and agreements for avoidance of double taxation the tax on that income was payable in UK being resident of UK ( more than 183 days in a tax year )

If that is not the case than any attempt to cover that as continuity of working may be counter productive as an identical case has been rejected.


Other option can be to present that 59 absences were under compelling compassionate circumstances which eventuality has been covered in latest instructions. Opt for same day service so that you could explain whatever presentation you prefer.

[PSSS]

JAMI,

I am on secondment, every month we will get the Basic pay in INR and UK component as Net Pay paid in GBP. My employer has not paid any TAX and NI for the India Income as we are on UK NET salary (From April ’11 we moved to Gross salary and now they are including the India income as TAX and NI able component). In this case do you foresee any problem with older 59 days business related absences?

The other option you are suggesting to present these absences are due to compelling compassionate circumstances, do I have to mention these as personal or employment related absences?

Please advice.

-PSSS

[PSSS]

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