Post
by nsm2010 » Sat Jan 05, 2013 1:36 pm
Kindly find hereunder brief of my case.
Type of Visa HSMP converted to Tier-1 (G) at the time of FLR in 2009. Further extended to two more years ending Dec 2014.
Date of HSMP Visa granted: 04th September 2007 with two months deferred entry option.
Date of EC Visa stamp: Valid from 01 DEC 2007 to 01 DEC 2009.
Place of Visa Stamp: Riyadh, Saudi Arabia.
Current Leave to Remain: 01 Dec 2012 to 01 Dec 2014 as Tier-1 (G)
Date of First Entry in the UK: 23rd December 2007.
After entering UK, I was engaged with one of the company in London from Feb 2008 to Oct 2008. In Oct 2008 my employer made all staff in London office redundant due to the recession.
For the next three months I kept searching for the job but with no gain. During this period, my previous employer and Company Partner, has offered me a international role in the Middle East, where they have signed a contract with a company. According to the key condition of the contract they have to assign Senior Design Consultant on the project, to abide key condition of the contract within stipulated time frame. I have decided to decline the offer initially for the following reasons;
A) My Family was already here in the UK and moving them to Middle East would have been costly and time consuming.
B) My wife was seven month pregnant at the time, and moving in this condition was risky.
C) My Children were already settled in their school and I do not wish to disrupt their education.
D) I have entered UK with the intention to make UK my main home and I was worried that any international role may affect my qualifying period.
Unluckily at the height of the recession in last quarter of 2008, construction sector was the most affected sector and finding a job was next to impossible. On the other side, my previous employer was yet unsuccessful to find a suitable person to be assigned on the SBG project. After no luck of finding employment at the peak of recession in 2008, and eminent near future for the construction sector, for a total of 3 months, I have decided to contact my previous employer and shown my conditional acceptance of their offer. The conditions were;
1. Employer should schedule my UK absences to the shortest possible in line with my immigration requirements,
2. Provide me a permanent position in the company and bring me back to the UK, at the end of the project, and
3. Pay my salary in the UK, to enable me to pay my taxes and other obligations in the UK.
Employer were willing to accept first two of above mentioned conditions but were unable to pay my salary in the UK due to the legal situation back in the Middle East. According to the contract between my Employer and Middle Eastern Company, My UK employer has to assign a design consultant at their Middle Eastern offices for consultation on the project. According to Middle East Labor Laws Sponsor (Only Middle East Company could be a sponsor) is liable to pay all of their workers a Monthly Salary in Middle East, Arrange their accommodation, Arrange for their Medical Insurance and pay yearly ticket to and from their home country / country of residence annually. Due to these legalities, My UK employer were unable to pay my salary in the UK, though,they are paying my salary to Middle Eastern Company.The salary paid to me in the Middle East is been charged from my UK company's Bills.
At that time, I have accepted this offer with an optimistic approach of working out something during the course of my international assignment and come back to the UK soon. My UK employer was delighted with my decision, as that ends their long search for the suitable consultant to be appointed in the Middle East.
Once the Visas were issued , I moved to Middle East on 12th March 2009 and commenced work with Middle Eastern Company on behalf of UK based company on 14th March 2009. Since this date in 2009, I have been on International assignment on my UK company's behalf to the Middle East Company who have paid my salary in Middle East, on which I have paid no tax. My UK Company planned to bring me back to the UK by June 2010, but due to the grim market situation, they were not able to do that. I was regularly visiting my UK office for coordination purposes, after every 3-4 months.
When my UK based company failed to bring me back to the UK in 2010, I have registered myself with HMRC since June 2010, as Self Employed and providing Architectural related services to the architectural businesses as well as working as a consultant for UK companies for Architectural business development in Middle Eastern Markets. All work was carried out legitimately and payment has been made in my UK Bank Account. I have started paying UK tax on all incomes generating through my Self Employed business, whereas I continued working and receiving my salary in the Middle East for my International assignment role.
After having long absence from the UK, from Feb 2011-Sep 2011, my family started started living back in the UK permanently, even during my absences from the UK while I am working in the Middle East and visiting them during my office trips. My kids also attending their schools in the UK.
In Nov 2009, and again in Nov 2012, I have submitted my FLR and got extension successfully by submitting all of my bank statements from Middle East and certificates from Middle Eastern Company.
Since my International assignment in the Middle East, I have proved an invaluable asset not only to my UK Employer and Middle Eastern Company, but also to other UK architectural firms by engaging them in business proposals worth million of British Pounds and secured jobs for British workers, in my Project Design Manager capacity, that would otherwise have been given to US companies. Many UK based companies has recently recognized my role and appreciated my efforts. Currently, with the help of UK Trade & Investment and Vice Consul General, British Consulate Jeddah, I am compiling a database for the British businesses in Construction Sector which will eventually help all the Middle Eastern and British Companies with greater interaction and boost their business opportunities, for those who want to do business in the Middle East. All of the above could be proof through various appreciation letters and emails. This forms a challenging as well that I want to complete this database before my return to the UK at the completion of the project and my contract in mid 2013.
On 1st Dec 2012, I have completed my five years in the UK, Got my further extension up to Dec 2014, and now wants to prepare my application for ILR, but I have spent much of the time outside UK serving UK based business. Compassionate part of my absences is the generation of database for the UK businesses and successfully ventured them in to the business worth million of Pound Stirling. This was done with the view of providing business for the UK companies which could reduce hardships and job in-securities of many workers on UK streets. I did not get benefited for any such referrals and continually doing so for many more UK businesses with the knowledge of UK trade and investment mission.
My overall work related absences are over 1000 days with 8 instances when I was out of the UK for more then 3 months time period, due to my specific responsibilities associated with my International assignment. During this tenure, I have made business opportunities for other UK companies; with a value totaling in millions of pounds. I am working currently with British Consulate to prepare a UK based business in Construction sector for better opportunities for British businesses in the Middle East and once completed this database will be extremely helpful for British business. Indirectly, I have created business and Tax for the UK and helped average person on the street to keep their jobs by creating opportunities to other UK businesses.
This seems obvious that If this case goes by book, my case will be delayed or rejected due to my excessive absence from the UK. For the purpose I would have to request for their discretion based on following points (in my opinion);
1) My family is currently living in the UK and my kids are going to the school in the UK (even during my absence from UK).
2) I have rental agreement of my home in the UK during my absence and paying my rent monthly through my bank account in the UK.
4) I am paying council tax for my home in the UK.
5) I kept all of my savings in the UK banks during my absences and increased my savings in view that I am making UK my home.
6) I have made more than 2000 job applications during my international assignment since March 2009, but being the hardest hit construction sector, failed to revive and despite of my best efforts I was not able to get any opportunity in the UK.
7) I have registered myself with HMRC as Self Employed since June 2010 and paying my taxes as well as NI contributions since June 2010. ( even during my absence)
All of the above points will be supported through the documents and these points clearly shows that I want to make UK my home and my current absence from UK is work related only.
Now, I am looking forward for your advice that what should be the right strategy to put up my case effectively and successfully, in view of recent changes in calculating absences from UK, for ILR purposes.
