✔ 最佳答案
There are something unclear on your question. I cannot fully answer your question before such unclear resolved....
1.) What kind of Passport did you use
2.) You seems to have ILR stamp, but then you said you are holding Working Visa (ILR and working visa is contradict each other...
3.) What is the status you were using when you enter the UK in 98?
The problem of your question is, you said
出英境時海關在Passport 上蓋印 “Given leave to enter the United Kingdom for indefinite period ,
which is an ILR chop (mean you have permanent dwelling in the UK.
but then you said you are holding Working visa by saying.
我是會在英工作的, 因我是拿工作簽證的
One way i can think of is, you were using Working visa to work in the UK in 96, and when you left the UK in the 98, they granted you ILR. But then one thing i don't know is, if you are still using that working Visa (the visa you got in 96) your working visa should be expired and invalid (No working visa can last for 12 years....).
But if you do have another working visa (a valid working visa) then your ILR stamp would be invalid....
You need to clear these uncertainty before i can answer further.
2010-07-09 21:23:28 補充：
Well, first problem i can see is the ILR you got in 1998, when you come back to HK the first time.
Although there are no definition listed in UK Homeoffice website, but generally when you absent from UK for a period, your ILR will become invalid.
2010-07-09 21:24:38 補充：
Now, i don't really know how long it actually take to make your ILR invalid, but i am pretty safe to say 12 years absent should be over their money. Cos what wikipedia said is 2 years, and what i have heard is 5.
2010-07-09 21:25:46 補充：
So, if you have not got UK Citizenship passport by then, and you were a ILR holder, my guess is, it's pretty safe to say your ILR have been expired. That is, if you have not been living in the UK any time in between 98 til now
2010-07-09 21:27:34 補充：
So, my suggestion to you is, you may need to ask your boss in the UK to sponsor you again, you may need to apply for a working visa for you, but what i also recommend is, you should make an inquiry yo Home office first and seek clearence on your ILR status.
2010-07-09 21:30:42 補充：
second problem is, you may have some bad tax issue if you had a tax account in the UK. If you were a resident in UK, and you move back to HK to work, unless you declare you are permenantly leaving UK, you are still liable to pay tax for HK income in the UK
2010-07-10 12:14:52 補充：
我是要ask for Home office HK or Home office UK ?
You either ask UK consulate in HK or Home Office in the UK, Home office does not have office in HK.....
2010-07-10 12:16:18 補充：
a).我的NI Card 是否還有效, 但我不見了, 可否補領? 一話現在UK 是不雖要NI Card?
National Insurance Card (NI Card) is still needed in the UK to work (otherwise how you contribute to pension??)
You will need to replace ur NI card thought, but this is what you need to do when youback at the UK
2010-07-10 12:17:20 補充：
b).同時女兒和我一同過去會有問題嗎? 她可以讀書嗎?
This is the first problem i told you before (perhaps i was unclear......)
If your ILR still valid, then you can *Bring* your dependent to the UK for study.
2010-07-10 12:18:15 補充：
However,if the consulate or Home Office said you no longer were a ILR, then you need to apply for a working visa to work in UK, or she need to apply for a student visa to study in the UK.
2010-07-10 12:19:43 補充：
c).我在HK不用交稅, 那麼約真的可以返到英國居住, 我是否雖要自己申報HK多年以來的income?
The problem of the tax system is the UK have a high tax rate,and for a resident, even if you no longer live in the UK (unless specify to the Tax office) you are still liable to pay the tax for your work overseas (in this case, your work in HK)
2010-07-10 12:21:45 補充：
what i said is, if you have not told the tax office (HM revenue and custom) that you are going to be absent from UK, then whatever you work in HK for the past 12 years may be liable for tax in the UK.
2010-07-10 12:22:03 補充：
I said maybe because if what you earn (After local tax) is not enough to tax by the HMRC, then you owe them nothing.
2010-07-10 15:20:46 補充：
b).同時女兒和我一同過去會有問題嗎? 她可以讀書嗎?
You misunderstood my answer or my question.......
Basically, depend wether you still have ILR, your child may or may not study in the UK.
2010-07-10 15:21:49 補充：
If you have ILR, you could bring her to the UK as she is your dependent, so she will NOT need a student visa
If you does not have ILR anymore, then she will need to apply for a student visa, or you will need a working visa to have her study in the UK.
2010-07-10 15:23:30 補充：
and the tax thing is actually pretty simple.
If you have been working in HK and you have settlement right and tax account in the UK, then you will need to pay tax to both the UK and HK.
2010-07-10 15:24:53 補充：
是否我過英後都要申報在HK的12年income, if income 不過HMRC的 Limit就不用交反?
The answer is maybe, i don't know (Well, i don't know how much you earn in the duration and what is your tax status).
2010-07-10 15:26:02 補充：
the HMRC will certainly be interested on your absent from UK as your situation now quite fit the Tax avoider in the UK (Where you move permanently to another country to avoid tax in the UK)
2010-07-10 15:26:55 補充：
so the HMRC may or may not interest on the financial situation in the past 12 years and if they think you owe them a lot of tax, then they will collect it.
If not, well, then they don't
2010-07-10 15:28:19 補充：
Since i have no idea where have you been and what have you been doing in the last 12 years, i cannot tell you for sure they will charge you back tax for it. That's why i said it may, cos simply, i don't know. It is up to the HMRC.
I am just saying this could be a problem, that's all.
