Tier 2 General visa can transfer to company HQ for 1 year?

[alex132]

I am having Tier 2 visa for 3 years.
My company HQ is in Japan and they have intention for me to work in HQ in Japan for 1 year and then back to UK here.

Am I allow to do that?

[CR001]

Your tier 2 visa is only relevant to working in the UK. Any absence of 180 days in a rolling 12 months period breaks your continuity of residence. Your employer is also obliged to inform HO when you are no longer working in the UK for the sponsoring company on tier 2 and your visa will likely be curtailed.

You are free to leave but will have to start your clock towards ilr again from scratch with a new visa etc if you return.

[vinny]

"the maximum 180-day limit will now apply to any rolling 12-month period during the qualifying period for ILR"
Not very understand this meaning.

It means that in any 12 months period, you cannot be absent for more than 180 days, subject to 245AAA(a).

[alex132]

Your tier 2 visa is only relevant to working in the UK. Any absence of 180 days in a rolling 12 months period breaks your continuity of residence. Your employer is also obliged to inform HO when you are no longer working in the UK for the sponsoring company on tier 2 and your visa will likely be curtailed.

You are free to leave but will have to start your clock towards ilr again from scratch with a new visa etc if you return.

But i am atill attached to work in UK, just that i have one year training in HQ

[CR001]

To bad, the requirement is to be working IN the UK and not exceed 180 days absence in any rolling 12 month period. You will fail both requirements if you go to Japan for a year.

[alex132]

To bad, the requirement is to be working IN the UK and not exceed 180 days absence in any rolling 12 month period. You will fail both requirements if you go to Japan for a year.

It said below, company reyired e to go Japan for 1 year and i still get pay in UK


(3) for any applicant who has or has had leave as a Tier 2 (General) migrant, where the Certificate of Sponsorship Checking Service entry shows that they were sponsored to work in any of the occupations in table 1 of Appendix J when the absence occurred, any absence from the UK for the purpose of research activities overseas shall not count towards the 180 days, if the applicant provides evidence from their sponsor showing that:
(a) research was the purpose of the absence(s); and
(b) the sponsor, agreed to the absence(s) for that purpose; and
(c) the absence(s) directly related to their Tier 2 employment in the UK; and

[alex132]

Should I take up this opportunities provided by my company in UK?

[HiUKingdom]

This forum is great for people supporting each other with their experiences and knowledge.
Having said that... you could always contact immigration lawyers for their professional advice.

Slightly different situation, but there were articles about people who had some problems with their absence from the UK.
My comments on these articles are....that the rules were quite clear, but the interpretation was different, and when the authority says "no", it is not easy to turn around their decision. It would cost money and time, and you would then end up employing a solicitor.


https://www.theguardian.com/education/2 ... ips-abroad

https://www.theguardian.com/uk-news/201 ... ve-britain

[vinny]

Its’s not exceptional, unless

Absences for research purposes (Tier 2 (General))

Absences from the UK do not count towards the 180-day limit where a Tier 2 (General) applicant is sponsored to work in a PhD level occupation and their absence is linked to research purposes.
PhD level occupations are those listed in Table 1 of Appendix J to the Immigration Rules.
The research absence must be linked to the reason for their Tier 2 sponsorship and must have been agreed by their Sponsor. These details must be confirmed in writing by their Sponsor as part of the ILR application.
The exemption also extends to the Tier 2 Migrant’s PBS dependant partner, so if the main applicant’s period of absence meets the above requirements, any matching absence for their partner would also be exempt.
To ensure PBS dependant partners are treated consistently, where the Tier 2 main applicant has obtained settlement (ILR) or citizenship, but their dependant partner is still on limited leave to remain, the exemption will continue to apply. The main applicant must have remained working in an occupation that would qualify as a PhD level occupation under Tier 2 (General) and the settled migrant’s employer must confirm that the absence was for research purposes.

exemption applies.

[alex132]

exemption does apply, but is not guarantee.