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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am currently in UK, under tier 1, for last 4 years...and

Resolved Question:

i am an Indian and currently in UK, under tier 1, for last 4 years...and earning UK salary in excess of 75K GBP per annum....pay full tax at the highest rate..


 


 a potential new employer want to employ me ....but they do not want to process the whole salary thoough the UK subsudiary.rather they want me to be part of their Indian subsuduary ( I am an Indian)...and pay a part of salary in India (not sure what component and tax liability) and also get a component of allowance structure salary in UK.( probably not to be taxed)......


 


Overall they probably woudl try to match my current net take home salary combining both the two components........


 


My question is multifold:


1) am I liable to issue on this....from future UK benefit, immigration of PR/Citizen ship etc??


2) Will I woudl be able to apply for ILR ( Indefinite Leave to Remain) or citizenship based on this structure


3) Will I be able to access the NHS and othe services .....


4) Woudl I have to pay NI seperately??


5) What woudl be restrcition on the benefit / and other national benefit during employment or later...


 


Lets consider this employment arrangement with potental employer is short while( max 2 years).


 


regards,


 

Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
I was still waiting for the answer.....
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Thomas replied 2 years ago.
Hi,

Your question contains a number of elements.

I can provide you with an answer as to 1-3 only.

Do you wish for me to assist?

Kind regards,

Tom
Customer: replied 2 years ago.
The questions are just a broken doen version of the answer to the situation. I dont this part answer would suffice my query.
Expert:  Thomas replied 2 years ago.
Hi,

So, who would your employment contract state your employer is - UK company or Indian company?

TOm
Customer: replied 2 years ago.
Indian Company
Expert:  Thomas replied 2 years ago.
Right.

I'm going to have to do a bit of research on this.

Can I reply tomorrow? Around 12.bst

Tom
Customer: replied 2 years ago.

Sure....would wait for your response. thanks.

Expert:  Thomas replied 2 years ago.
Thanks.

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Would the work be generated in the UK?

Would the work be solely UK based?

Would the work assist in bringing or maintaining a taxable income for the UK government (eg. because it generate taxable profits for a company taxed in the UK)?

Tom
Customer: replied 2 years ago.

Would the work be generated in the UK?

For most of my time, I would be based in UK, and carrying out the work. But there would be frequent travel to india for Job.

 

 

Would the work be solely UK based?

My Work ( Sales Function) would be UK Based. But the company work woudl be based in India.

 

 

Would the work assist in bringing or maintaining a taxable income for the UK government (eg. because it generate taxable profits for a company taxed in the UK)?

I might not be able to answer the question with confidence. As I do not know how the company structure is and which subsudiary gains the profit my work in UK and operation.

But I assume, the company woudl be paying some tax to UK as well.

Expert:  Thomas replied 2 years ago.
Hi,

Okay, how long will it be until you're eligible to apply for settlement on the basis of 5 years stay in the UK?

Tom
Customer: replied 2 years ago.
I would be elligible for ILR ( Independent leave to remain) or Permanent Residence status by Feb,2013.
Expert:  Thomas replied 2 years ago.

Hi
Thanks for your reply.
In order to apply for ILR (which I presume is your primary objective) as part of the eligibility you must not breach the conditions of your visa and must also be of good character.
Traditionally, Tier 1 visas are for people who wish to work in the UK for UK based enterprises. If a person is working completely for a non-UK company and the work is effectively then syphoned off outside the UK then this may fall foul of this and the UKBA could then potentially refuse a ILR application seeking to rely on this tension in the visa holders behaviour and the conditions of the visa. If you are sastified that the work is generated in the UK and the only affiliation with the indian company is that some of your salary will be paid there then this would probably be okay but it may create an element doubt.
The good character element generally relates to spent convictions but the UKBA can occasionally include other types of behaviour as evidence of a deficiency of character (eg. Bankruptcy). If the structure is deemed unlawful or an attempt to reduce the amount of tax generated then this could potentially cause problems.

To be completely safe I would avoid the structure and maintain your certain right to ILR.
You will not be able to claim any public funds until you have ILR

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6369
Experience: BA (Hons), PgDip, Practising Solicitor
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Expert:  Thomas replied 2 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?

If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.

Please click accept. You will appreciate that I cannot work for free

Tom

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