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Skilled worker visa-Query Regarding Visa Rules and Absence from the UK

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Kskumar
Newly Registered
Posts: 2
Joined: Thu Mar 06, 2025 12:24 am
India

Skilled worker visa-Query Regarding Visa Rules and Absence from the UK

Post by Kskumar » Thu Mar 06, 2025 12:44 am

Hi Everyone,

I would appreciate your guidance regarding my visa situation.

I have been the main applicant for a Tier-2 visa since April 2024. Prior to that, I was a Tier-4 dependent for two years. My wife and I hold valid visas until January 2029.

My wife and I traveled to India on August 2nd, 2024, to visit our family and returned to the UK on October 16th, 2024, after spending 75 days there. During this period, I continued working remotely for my employer, as I have the flexibility to work from anywhere.

After returning to the UK, I received devastating news that my mother had been diagnosed with cancer. Due to the urgency of her critical surgery and subsequent chemotherapy sessions, I traveled back to India on November 3rd, 2024. My wife remained in the UK until December 7th, 2024, before joining me to support our family during this emotionally and financially challenging time.

Throughout this period, my employer was supportive and allowed me to work remotely. I continued working while in India and returned to the UK on February 14th, 2025. As of this date, my total absence from the UK amounts to 178 days. Since I am aware that a visa holder should not be outside the UK for more than 180 days, I had to return, despite my mother's ongoing treatment, as my job is the sole source of income for our family. I have requested my wife to stay back in India to take care of my mother during her chemotherapy sessions and manage household responsibilities.

Currently, my wife has been outside the UK for approximately 161 days, and her total absence is expected to exceed 230-240 days.

I have a few questions regarding the visa and permitted absence from the UK:

1. Is staying outside the UK beyond the allowed limit permitted in exceptional cases? Will this cause any issues with our visa status?
2. Am I allowed to travel back to India now to take care of my mother? If so, what complications might arise?
3. I came across information on the Gov.uk website mentioning that in exceptional circumstances, a person may stay outside the UK for more than 180 days. Could you clarify how many additional days are allowed in such cases?

Reference: Gov.uk Exceptional Cases https://www.gov.uk/government/publicati ... %20applies.

4. What potential issues might we face with the Home Office due to these absences?
5. Since my wife’s total absence is expected to exceed 230-240 days, will this impact her re-entry at immigration or result in a visa rejection?
6. What are the complications we will face when we while submitting the ILR?


I would appreciate your guidance on this matter.

Looking forward to your response.

Best regards,

Kskumar
Newly Registered
Posts: 2
Joined: Thu Mar 06, 2025 12:24 am
India

Re: Skilled worker visa-Query Regarding Visa Rules and Absence from the UK

Post by Kskumar » Mon Mar 10, 2025 9:08 am

Dear Immigration Board,

I would appreciate your guidance on a concern regarding my wife’s ILR application. When I consulted solicitors, they mentioned that if the Home Office rejects her application due to exceeding the allowed absence days from the UK, she may need to wait a total of 10 years. Additionally, I might be required to pay an extra five years’ worth of IHS fees along with a new application fee.

Could you please confirm if this is accurate and clarify the implications of a rejection? Any advice would be greatly appreciated.

Best regards

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