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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6374
Experience:  BA (Hons), PgDip, Practising Solicitor
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I currently have a tier one permit and am working on a consultancy

Resolved Question:

I currently have a tier one permit and am working on a consultancy contract with the undp in west africa - i have been based in west africa for one year and have been offered to continue with the consultancy whilst living in the UK. My tier one permit expires in May 2012 - can i extend it - i am currently being paid by the agency outside of the netherlands and have been paind in pounds into my uk account since the beginiing of my contract.
Will i have complications in extending my tier one?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Have you physically been working in West Africa for the previous year and have not been in the UK
2. When you come to apply to extend, at that time how much of the previous 12 months would have spent in the UK and how much would you have spent in Africa?
Kind regards.
Tom
Customer: replied 2 years ago.

Hi Tom,

 

My responses below:

1. I have been physically working in West Africa since January 2011 - and will be working out of the UK from January 2012 on the same contract.

2.My Tier one application expires in May - if i extend in April - i will have been working from the UK for 4 four out of the last 12 months

 

regards

 

Ketan

Expert:  Thomas replied 2 years ago.
Hi,

OK.

When did you come to the UK, on what visa and have you remained working in the UK until you left for west africa last year?

TOm
Customer: replied 2 years ago.


I came to the UK in October 2008 on a work permit for a US company that was setting up shop in the UK. When my permit was about to expire I applied for a Tier 1 visa and continued to work for the same company until Dec 28 2010. My Tier one was issued on May 2010 - I took on a consultancy job with the UN in West Africa on January 3 2011 - I have been between West Africa and India since - my wife gave birth in India - we now want to move back to the UK in Jan with child and wife and I continue my consultancy with the UN from the UK.


Expert:  Thomas replied 2 years ago.
Hi,

I've just got to go in to a meeting now, may I answer in an hour please?

Thanks.

Kind regards,

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

I think you’re going to have problems with this.

You should (should) be okay to re-enter the UK on the basis of your current visa but you may face some questions about why you have been outside the UK for the length of time outside the country. If your wife/child do not have their dependent visa already then they would not be permitted entry until they do.

The difficulty is that it is a condition that of your Tier 1 that you must work and reside in the UK. There is an element of flexibility where one’s UK work requires them to spend significant periods of time outside the UK because of their role. The problem you have is that you have accepted a job which is based completely outside the UK and could therefore not avail yourself of this flexibility. This technically means you are in breach of the conditions of your visa. This is a general ground for refusal of an extension.

You will have to disclose the absence from the UK and the reasons for it. You will then have to give them details of the job that you are planning to do in the UK once you have extended your visa. The problem is that the UKBA have a right to refuse your application and you would therefore be appealing to them to exercise their discretion and grant the extension regardless of your breach.

This is not a great position to be in I’m afraid. You can argue that the charitable aspect of your work at the moment and once you are back in the UK should be a moral reason for why they should exercise their discretion to grant you an extension but there is no legal reason why they should do so I’m afraid.

You will have to balance the not-great prospects of success with an extension application with the costs of the application and upheaval in terms of time and take a view.

Sorry it could not be better news.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6374
Experience: BA (Hons), PgDip, Practising Solicitor
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