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Hello Everyone,

I have couple of queries regarding the 10 year long stay for my case. Although it has been 8 continous year since I have been in UK, but I think my current situation may break the continous residency. I need some guidance/ advice from experts about this.

I am currently on Post study work visa (Tier 1) employed by UK office based company and now being seconded to their German office for 1 year. I am getting paid from the German office. Since the duration is more than 6 months outside UK, do I break the long stay residency (as per mentioned in UKBA guidance notes)?

I have been looking into UKBA website to get familar with long stay rules. Also I have been advised by some friends, if I can come back to UK once in every three months the above duration can be excluded as a business trip. But there is nothing written I have found so far about the business trips in UKBA.

I will really appreciate if anyone can provide answers to my queries and that will help me plan my arrangements accordingly.

Many thanks.

NS29 wrote:Hello Everyone,

I have couple of queries regarding the 10 year long stay for my case. Although it has been 8 continous year since I have been in UK, but I think my current situation may break the continous residency. I need some guidance/ advice from experts about this.

I am currently on Post study work visa (Tier 1) employed by UK office based company and now being seconded to their Germanoffice for 1 year. I am getting paid from the German office. Since the duration is more than 6 months outside UK, do I break the long stay residency (as per mentioned in UKBA guidance notes)?

I have been looking into UKBA website to get familar with long stay rules. Also I have been advised by some friends, if I can come back to UK once in every three months the above duration can be excluded as a business trip. But there is nothing written I have found so far about the business trips in UKBA.

I will really appreciate if anyone can provide answers to my queries and that will help me plan my arrangements accordingly.

Many thanks.

Yes, your job offer in Germany has the potential to break your long residency.

Theoretically, the visit back to UK can count as maintaining your residence, however in the guidance notes it does mention "the applicant left the UK and by doing so, showed clear intention not to return" as breaking your residence in UK. The german work permit in your passport may be sufficient to the UKBA as evidence.

Also be aware that you may be spending a total of more than 18 months outside of UK which will break your residence.

will your current UK visa be valid whilst you are working in Germany? On what visa category do you plan on coming on when you visit the UK whilst working in Germany?

Hi joh118,

Thanks for your prompt reply. I really need expert advice about my case. I have been seconded to Germany for training for nearly one year duration and I will be joining UK office at the end of this training. During this time my UK employment contract clearly demonstrates that I will be out in Germany for training and I will be back to UK to look after the UK business. I believe this a strong point to show my intentions of returning to UK.

I am working for a global firm which has offices both in UK and Germany. But I have been mainly employed by UK office and been sent out here for sole purpose of training. So I think if I can maintain my regular visits to UK I can further demonstrates my long stay residence intention. Not fully convinced about it yet, need some more light on this issue.

I plan to come back to UK on my post study work visa.

Cheers,

NS29 wrote: Also I have been advised by some friends, if I can come back to UK once in every three months the above duration can be excluded as a business trip. But there is nothing written I have found so far about the business trips in UKBA.

I think business trips concession can only work for the work route settlements.

Coming back to UK once in every three or six months will solve your six months break clause but you have to take care of your total days out of UK clause as well.