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Continuous residence question
Posted: Fri May 22, 2015 8:58 pm
by cset134
Will appreciate if someone can answer this please.
I switched from a Tier 4 to Tier 2 General in June 2013 in-country (for a job starting in August 2013) but then left the UK for 2 months and came back just before the job start in August. When does my Tier 2 continuous residence period start for ILR purposes?
Thanks in advance.
Re: Continuous residence question
Posted: Fri May 22, 2015 9:46 pm
by leeloy88
cset134 wrote:Will appreciate if someone answer this please.
I switched from a Tier 4 to Tier 2 General in June 2013 in-country (for a job starting in August 2013) but then left the UK for 2 months and came back just before the job start in August. When does my Tier 2 continuous residence period start for ILR purposes?
Thanks in advance.
June. Even if the tier 2 was issued outside the UK it's still June as long as you entered the UK within 90 days after the issue date.
Re: Continuous residence question
Posted: Mon May 25, 2015 11:08 pm
by cset134
Thanks leeloy88. What about the 2 months break? Is that in line with continuous residence?
What justification will I need to provide for that given the employment only started in august?
Re: Continuous residence question
Posted: Tue May 26, 2015 9:34 am
by leeloy88
If you start counting from June you will need to count the 2 months as absences from the UK, it's 2 months so about 60 days you're fine as long as the total days outside the UK don't exceed 180 days per every 12 months of the 5 years.
Or if not, you can start counting your 5 years from August (in case you do have a lot of personal or business travel with your employment and counting that 60 days will exceed the 180 days threshold).
I don't think you should worry and over think this at all, it's too early for you (you will complete 5 years tier 2 in 2018) and who knows what the immigration rules will be at that time.