UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
I was going through the recent amended guidance on Tier 1 (General) category applications made in the UK after 23 Dec 2010 (published after the overseas applications were closed). Please check that below:
See page 2. It says - This guidance is to be used for applications made on or after 23 December 2010.
Now, see page 21 - Point 129. The country in which the applicant has physically undertaken the work determines the income band that the earnings will be assessed against, and not: his/her nationality; the currency that the payment is made in; or the country in which payment is made. No uplift ratio is applied to the earnings made if the applicant has been in the UK while doing the work for an overseas company, and no applicants will be entitled to claim uplift rations on overseas earnings for extension applications.
130. Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country the person was physically in when they earned the money in order to provide a total UK equivalent value of earnings. Clear evidence of the applicant's presence in each country for the time period of the overseas earnings should be provided with the application.
Please let me know your comments on the above.
I've just confirmed this with two specialist Immigration solicitors. The issue of residence doesn't arise here at all. The uplift rules also apply to those professionals who are resident in the UK but travel around the world to carry out short-term work in different countries. In this case, the uplift ratio would apply to the work done outside the UK provided you can show evidence (flight bookings, passport stamps) that you were physically present in the country in question where the work was carried out.
You would not be treated as having abandoned your residence in the UK in such a scenario.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).