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Indefinite Leave to remain, Skilled Work Visa and Remote Working

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Felipepuigga
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Joined: Thu Feb 03, 2022 10:02 pm
Argentina

Indefinite Leave to remain, Skilled Work Visa and Remote Working

Post by Felipepuigga » Thu Feb 03, 2022 10:05 pm

Good evening,
My name is Felipe and I am considering my options regarding where to work when I finish university.
I will be completing a technology related degree and I would like to be working a couple of months each year outside the UK but with a UK visa. I don't intend to travel for more than 180 days per year outside of the UK.
Provided that my employer specifies that I have spent this time working, and that I have done this for five years with a Skilled Work visa, would I be able to apply successfully for an ILR?
Best regards
Felipe

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zimba
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Re: Indefinite Leave to remain, Skilled Work Visa and Remote Working

Post by zimba » Fri Feb 04, 2022 2:30 pm

It should be fine
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kamoe
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European Union

Re: Indefinite Leave to remain, Skilled Work Visa and Remote Working

Post by kamoe » Sat May 28, 2022 3:31 pm

Felipepuigga wrote:
Thu Feb 03, 2022 10:05 pm
Provided that my employer specifies that I have spent this time working, and that I have done this for five years with a Skilled Work visa, would I be able to apply successfully for an ILR?
There are legal and tax implications for employers who allow their employees to carry out their work outside of the country they were hired in. For this reason, most employers I know are reluctant to allow employees to do this more more than a month a year.

I cannot comment on ILR, but if your intention is to later apply for British citizenship, there is a maximum allowance of 450 days of absence in the 5 years prior to the application. The kind of work certificate you need to provide will have to specify that the work was carried out in the UK.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: Indefinite Leave to remain, Skilled Work Visa and Remote Working

Post by kamoe » Sat May 28, 2022 3:37 pm

I am also not an expert on Skilled Work Visas, but I would think that not really residing in the UK for 180 a year is reason enough to invalidate your visa, given that it proves there is no need for you to be in the UK to carry out your work. Don't play with fire.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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zimba
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Re: Indefinite Leave to remain, Skilled Work Visa and Remote Working

Post by zimba » Mon May 30, 2022 10:45 am

kamoe wrote:
Sat May 28, 2022 3:37 pm
I am also not an expert on Skilled Work Visas, but I would think that not really residing in the UK for 180 a year is reason enough to invalidate your visa, given that it proves there is no need for you to be in the UK to carry out your work. Don't play with fire.
Long absences do not invalidate the Skilled worker visa. The 180 days limit is simply one of the requirements of ILR via that route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kamoe
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Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Indefinite Leave to remain, Skilled Work Visa and Remote Working

Post by kamoe » Mon May 30, 2022 11:08 am

Zimba wrote:
Mon May 30, 2022 10:45 am
Long absences do not invalidate the Skilled worker visa.
Yeah, I'm just thinking outloud on the future implications of skilled worker visas, from the point of view of the employer. Why go through the hassle of sponsoring someone to come to the UK, when they clearly don't need to? It can and will cascade... (maybe not an issue for the OP themselves, but possibly for future skilled worker hopefuls). But I'm going on a tangent. Sorry.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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