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T2 General-Absent time affect Future ILR

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

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mohamedlasheen
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T2 General-Absent time affect Future ILR

Post by mohamedlasheen » Mon Feb 18, 2019 2:06 pm

All,

I’m currently on Tier 2 General sponsor Visa, I am concerned that I am spending long periods outside UK as that will affect my ILR in future, the reason for spending all these times outside the UK is that my sponsor is light at work and we need to do marketing in the middle east; where I live to get; projects. Below are the details of my case:

I’ve been granted Leave to enter as Tier 2 General Migrant from 25 August 2018 to 31 August 2021, I first entered the UK on 22 September 2018, Based on that I calculated my time from 25 August 2018 to 18 February 2019 as follows:

1. From 25 Aug. 18 to 21 Sep 18 (28 Days) outside the UK as I didn’t enter immediately.
2. From 22 Sep. 18 to 26 Sep 18 (5 Days) First arrive in the UK, spent some time with the company.
3. From 27 Sep. 18 to 28 Oct. 18 (32 Days) outside the UK for Marketing works to my employer.
4. From 29 Oct. 18 to 1 Nov. 18 (4 Days) In the UK for meetings.
5. From 2 Nov. 18 to 25 Nov. 18 (24 Days) outside the UK for Marketing works to my employer.
6. From 26 Nov. 18 to 29 Nov. 18 (4 Days) In the UK for meetings.
7. From 30 Nov. 18 to 18 Feb. 19 (81 Days) outside the UK for Marketing works to my employer.

Based on the above; within 178 days; I stayed 165 days outside the UK and 13 days inside the UK. That means I still have only 15 days to stay outside the UK until the end of the first 12 months which will end on 24 August 2019, i am not sure that I will be able to satisfy the 180 days absence this year due to the company circumstances
My question is that if I failed to stick the 189 days in the first year. What will be the action after the 5 years period, should I delay my application to ILR until I find satisfy 5 years with no absence more than 180 days during any 12 months?
Also, is it applicable that I can be in a tier 2 visa for more than 5 years? Say firstly three years then an extension for extra 3 years? In that case I can apply for ILR in the sixth years assuming I will neglect the first year? Please advise.
Thank you in advance.

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mohamedlasheen
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Re: T2 General-Absent time affect Future ILR

Post by mohamedlasheen » Tue Feb 19, 2019 10:05 am

Any response please

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Re: T2 General-Absent time affect Future ILR

Post by mohamedlasheen » Wed Feb 20, 2019 6:58 pm

Guys, any response!

double2double5
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Re: T2 General-Absent time affect Future ILR

Post by double2double5 » Fri Feb 22, 2019 10:36 am

Also, is it applicable that I can be in a tier 2 visa for more than 5 years? Say firstly three years then an extension for extra 3 years? In that case I can apply for ILR in the sixth years assuming I will neglect the first year?
Yes, Tier 2 visas are normally valid for 3 years each and you can have two, back to back. i.e. at the end of the 6th year, you should either get ILR or find a different category of visa to move to.

Note that once you get ILR, you have a different set of absence requirements for naturalisation/citizenship, if that is where you see yourself ending up. You will meet ILR requirements if you keep absences below 180 days but not necessarily the naturalisation criteria (which you can apply 1 year after ILR)

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