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overseas for more than a month on Tier 2

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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paradoxical
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overseas for more than a month on Tier 2

Post by paradoxical » Wed Sep 21, 2016 12:50 pm

Dear all,
I wanted to check the rules regarding travelling abroad for vacations whilst on Tier 2, for over a month. I plan to travel to my home country for around 35 days in December/January and they will be part of my annual leave. According to the Tier 2 guidance:
231.The UK, Channel Islands, Isle of Man and Republic of Ireland form a common travel
area. If you leave this area while you are employed in the UK (for example, for holidays,
business trips or a secondment overseas), you do not need to make a new application
to return to the UK unless your leave expires or lapses.
233.If you have been granted entry clearance, or leave to remain for more than 6 months, your
leave will not lapse when you leave the common travel area if you continue to be employed
by, and have not ceased working for, your sponsor for a period of one calendar month or
more (see paragraph 243 below), unless your leave passes its expiry date or you stay
outside the UK for more than 2 years.

According to the paragraph 233, the condition is that we are continued to be employed by the employer (which is satisfied) and have not ceased working for a period of one calendar month..this part, I want your opinion. If a person is on holiday, then he is technically not working and I am wondering if this will be applicable on someone on holiday for more than 30 calendar days (whilst still employed by the sponsor) ?

paradoxical
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Posts: 158
Joined: Mon Apr 25, 2016 9:28 pm
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Pakistan

Re: overseas for more than a month on Tier 2

Post by paradoxical » Wed Sep 21, 2016 2:18 pm

Maybe I am reading too much into it, and being on paid leave does not mean that you have "ceased" working for the employer..Perhaps some of the more experienced members here can clarify this for me please?

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dragon098
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Re: overseas for more than a month on Tier 2

Post by dragon098 » Wed Sep 21, 2016 3:01 pm

Hi Paradoxical,

I can assure you that since I got my Tier 2 Visa I have flown in many occasion upto 25 days or so and there is nothing you need to mention to anyone at all.

In future if you're planning to apply for ILR then there are some requirements where it states that you cannot be out of UK for more than 90 days or so.

However, what you've mentioned, I am not entirely sure but I don't think it applies to and I am sure 35 days shouldn't be any problem as one of my friend just came back from holiday in july where she went away for more than 40 days.

Hope that helps.

Regards,
dragon

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