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Continuous Residence - Temporary Work Outside UK for Non-UK Employer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rnkmdjd
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Virgin Islands - US

Continuous Residence - Temporary Work Outside UK for Non-UK Employer

Post by rnkmdjd » Thu Feb 02, 2023 12:46 am

Hello. I am in the UK on a Tier 2 visa and hope to be eligible for ILR. I work somewhat less than full time, but have had no issue qualifying for the visa.

I have the opportunity to work outside the UK from time to time for a non-UK employer while not scheduled to work for my UK employer. I have tried to figure out whether taking such work risks my "continuous residence" requirement for ILR one day.

I found a document entitled "Indefinite Leave To Remain: Calculating Continuous Period in UK" version 22 from December 2020, which has this passage:

"Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year."

I am not sure how to interpret that. And I have noticed more recent editions of documents with similar titles don't seem to have that language at all. Is it valid or relevant any more?

Can anyone help me with the question of what work for a non-UK employer overseas would break continuous period if it occurs during time-off from the UK employer and the 180 day rules are met?

Thank you

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zimba
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Re: Continuous Residence - Temporary Work Outside UK for Non-UK Employer

Post by zimba » Thu Feb 02, 2023 11:10 am

Well it clearly tells you that if the UK employment is secondary, then you are in trouble.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rnkmdjd
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Re: Continuous Residence - Temporary Work Outside UK for Non-UK Employer

Post by rnkmdjd » Thu Feb 02, 2023 11:33 am

Thank you. I was just hoping someone might have any experience one way or another of what degree of employment abroad might meet the secondary definition, and might have a real world example.

Also since that language has been dropped from what appear to be more recent versions of the guidance, I thought it might be gone altogether as a requirement specifically.

But if you don't have any particular knowledge to share, I understand.

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zimba
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Re: Continuous Residence - Temporary Work Outside UK for Non-UK Employer

Post by zimba » Thu Feb 02, 2023 12:18 pm

rnkmdjd wrote:
Thu Feb 02, 2023 11:33 am
Thank you. I was just hoping someone might have any experience one way or another of what degree of employment abroad might meet the secondary definition, and might have a real world example.

Also since that language has been dropped from what appear to be more recent versions of the guidance, I thought it might be gone altogether as a requirement specifically.

But if you don't have any particular knowledge to share, I understand.
That guide has not changed. The rules expect you to work in the UK as your primary place of employment. You should not leave the UK to engage in other employment. UKVI has the freedom to reject your ILR if they see your primary employment is not in the UK
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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