ILR question - long assignments outside the UK

I live in the UK under HSMP and on a permanent contract. I entered in Feb 03, got my three year extention in Feb 2004 and in two years time I will be entitled to apply for ILR as my four years under HSMP will have expired.

I am now considering a transfer opportunity, within the same Group of companies to which my UK employer belongs, but the new role is based in Hong Kong. New role, new boss, being based in HK (Asia) are all things that I am really keen on...

But there is one negative factor: if I go, I will break my continuous four year period under HSMP in the UK - once again! I did it once already and went to study in France.

I am now thinking whether there is a way not to break my four year period. There is a possibility to have a UK contract again, getting paid into my UK bank account (and paying UK income tax and social security). I should also be able to come back to the UK at least every three months, so that I could answer NO to the question "have you been out of the UK for 3 months or longer" on the ILR application form.

I am prepared to make monetary sacrifices (taxes and tickets) in order to be able to apply for ILR in two years. I do realise, however, that being out of the country for a long time would severely delay my naturalisation application... I can live with it for now. I am more interested in getting ILR (or what its called now, NTL?) at this moment.

your comment is very much appreciated

Cleo

might be of some help
http://www.immigrationboards.com/viewtopic.php?t=3302

Ajay Kumar Singh wrote:might be of some help
http://www.immigrationboards.com/viewtopic.php?t=3302

yep thanks Ajay... i think there is a difference btw leaving the country on WP or leaving on HSMP (I am under HSMP). WP ties you to one role, one employer, and the rules are very clear... HSMP is much more flexible (you are allowed to stay as long as you are able to support yourself), and I am here to explore just how flexible it is

ie if I have an excellent opportunity to earn my living in another country why should I be denied a right to settle in the UK afterwards? suppose i come back after 2 years, richer and wiser, and buy a house in the UK? would this be enough proof of my intention to settle in the UK permanently??

then just think of all NI and tax income the UK will be getting from me in the next two years

one thing for sure, i won't have any recourse to public funds in the UK while I am working elsewhere

Cleo

You're right that HSMP is more flexible in allowing you to get ILR. As long as you get payroll payments into your UK account with the tax contributions, and you are not absent more than 3 months at a time you should be fine. HSMP does not require a letter from your employer if you can provide the payroll documentation (P60s, tax return, monthly payroll deposits) to show that you are working. So you will meet all the requirments for getting ILR.

You are also right that this will have a possible negative impact on your nationality application, but even that can be granted on an exception basis (provided the days absent are not too many--900 is the ultimate maximum) if your employer certifies that you were required to be abroad because of your job.

Joseph