Tier 2 - 6 months ILR eligibility

Hi Team,

I have competed 4.2 years in ILR for my current employer and I have been sent back to home country in end Feb 2019.As far as I know there is a 6 months gap ie if I travel back before end of August 2019 I will still be eligible for ILR by end Nov when I can apply for ILR. (With same current employer).

Situation1: My employer sends me back to UK before end of August. Am i eligible for ILR by end of 5th year (Nov2019) ?

Situation2: My employer can send me back only after end of August. In this case if I travel personally( for leave/vacation) to UK in the same Tier 2 visa before end of August as its still valid, will I eligible for ILR by end of 5th year (Nov2019) ?

It will be great if I can get answer for thios

Thanks
Ragav J

What tier 2 do you hold exactly?

Thanks for the reply.

I hold a tier 2 General Visa sponsored by my current employer.
I came to UK by Dec 2014 and was there till Feb 2019. I still have the valid visa till end of 2020( as its 6 year)

Thanks
Ragav

Yes if you travel personally or on business it should show you have not left the country. Your employer will still need to issue the letter that they still need you with confirmation of SOC code etc. for you to apply for ILR.

Thanks a lot for your reply.

So for example if I travel to UK before August end for 2-3 days of vacation/leave, and then travel back shortly for work I should still be eligible by end of that year (provided I get the required documentation from my employer)

Sorry for asking the same question again, just want to be sure so that I can plan for a casual travel and then travel for work a little later.

Thanks,
Ragav J

No you will have to keep living in the UK.
at the border they will want to know if your circumstances have changed and if you are still employed with the same employer. If your circumstances have changed your visa could be curtailed on entry.

The other issue but it belongs to your Sponsor .... are you actually employed by the UK company while you are in your home country? If you are employed by the home country parent business your sponsorship should have been withdrawn.

Have you confirmed with the UK company if they have informed UKVI about your return? If they have your visa may have been curtailed.

Yes under the ILR eligibility guidance for calculating Continuous residency it clearly states if you pursue employment outside UK your continuous residency should be considered broken.

If you were working outside UK you might find yourself unable to be eligible for ILR...

Thanks a lot for the response team.

I read the below from "Calculating Continuous Leave"
" 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 "

The last two lines say that it adds towards the 180 days which is fine as I am planning for a travel before that.

Can someone double clarify that please ? And also please do note that I am still employed with the same employer and will be travelling back for the same employer.

Thanks
Ragav J