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ILR after work from home abroad

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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anuragtk8
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ILR after work from home abroad

Post by anuragtk8 » Wed Sep 04, 2024 9:06 pm

By Jan 2026, it will be 5 years on my skilled worker visa. But I've spent significant periods of time in India working from home.

In 2021, I spent 5 months, but this was due to difficulty in travelling due to COVID. India was on the 'red list'.

In 2022, I spent 2.5 months working from home. Of which 30 days were weekends, bank holidays or annual leaves.

In 2023, 2 months due to medical reasons and 10 days where I worked from home.

In 2024, 1 month.

All the time spent outside the country was with approval from my employer. I've received a salary every month and paid tax on it as well. Within any 180 day period, the maximum I've spent abroad is 150 days (in 2021 due to COVID).

After reading about restrictions on staying abroad for longer durations, I'm concerned that I might not meet the eligibility requirements for ILR.
How likely is it that I will have a successful ILR application if I apply when I'm eligible in 2026?


Appreciate the help in advance.

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zimba
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Re: ILR after work from home abroad

Post by zimba » Wed Sep 04, 2024 11:28 pm

anuragtk8 wrote:
Wed Sep 04, 2024 9:06 pm
After reading about restrictions on staying abroad for longer durations, I'm concerned that I might not meet the eligibility requirements for ILR.
How likely is it that I will have a successful ILR application if I apply when I'm eligible in 2026?
Appreciate the help in advance.
And what are those restrictions ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

anuragtk8
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Re: ILR after work from home abroad

Post by anuragtk8 » Thu Sep 05, 2024 1:50 am

"Absences linked to reason for being in the UK: evidential requirements"

The above section, in this page:
https://www.gov.uk/government/publicati ... accessible

For all other categories, absences must be consistent with, or connected to, the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK - for example, business trips or short secondments.
^ I'm assuming the above implies that I'm only allowed to work outside the country on a business trip and not to just work from home.
Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
^ This doesn't talk directly about working from home, in fact I'm not too clear, which is why I'm looking for clarity. But since I was outside the UK on a work day, which wasn't for work purposes, it might count as breaking continuity?

I also noticed other posts in this forum, especially in the COVID era, raising similar concerns, but for shorter time periods than mine.

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zimba
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Re: ILR after work from home abroad

Post by zimba » Thu Sep 05, 2024 2:22 am

That is an old guide (now covering a few remaining PBS routes) and it does NOT apply to your route. If you paid some attention, this is quite clear on top of that document. You should refer to the Appendix Continuous Residence and the Skilled Worker rules instead.

I do not see any issues with your absences and there is no issue with working from abroad for a short period as long as you do not fail the 180 rolling calculation limit. I suggest reading this: All you need to know about the sponsor letter for Skilled Worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

anuragtk8
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Re: ILR after work from home abroad

Post by anuragtk8 » Thu Sep 05, 2024 7:16 pm

Thank you so much Zimba, that answers my question.

https://www.gov.uk/guidance/immigration ... -residence
This is what I should've been referring to.

nareshkp84
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Re: ILR after work from home abroad

Post by nareshkp84 » Thu Jan 02, 2025 12:43 pm

Hi Anurag,

Im also in similar situation where I have connected from India for couple of weeks during my trip in India. So can you please help me with below queries?.

1) Have you provided any evidence to UKVI (your employer confirmation letter to connect from India?.).
2

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