Tier 2 and 180 days rule

[Andy12]

Happy New Year to one and all.

Hope you are all fine and well.

I converted to Tier 2 G, valid from December 2nd, 2013. I understand I can not stay outside of UK for more than 180 days in a year, that is for my case first year would 02/Dec/2013---> 02/Dec/2014. If I do, ILR status in future would be in jeopardy.

Now my company wants me to go for an engagement in Netherlands which will be running for a year. The rotation I received is 4 days/week in the Netherlands and 1 day in UK. So for a year, this would be 52*4 =208 days. I will still receive my salary in UK, and company will get me a schengen (?) visa for 1 year.

I just want to clarify from some one that even if I am out from UK for more than 180 days and company is ready to certify that in writing that I am on assignment for company work, is there any workaround for the 180 days rule and ILR mentioned above? or is that an absolute rule?

Thanks very much,
Andy

[trueblue19]

I see two issues.

1. Firstly the 180 day rule. This is what the UKBA website states:

Current requirements for settlement

At present, you cannot apply for settlement until you have been in the UK for a continuous period of 5 years in an eligible immigration category. During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.

2. Working on Schengen visa: As far as I understand, schengen visa is NOT a work visa. It does allow you to travel to schengen countries for tourism or business (meetings, workshops, seminars etc) purposes but it does not entitle you to work. If I've understood you correctly, you will be entering and exiting Netherlands on a regular basis. Sooner or later, you will be asked about the reasons of your frequent & consistent travel to the Schengen region (Netherlands, in your case) at the immigration control. This may mean a) That you're denied entry if the immigration control figures out (due to your travel pattern) that you're working in the Netherlands rather than 'visiting' for business and/or tourism and b) May impact your future applications for a new schengen visa.

[manci]

I converted to Tier 2 G, valid from December 2nd, 2013. I understand I can not stay outside of UK for more than 180 days in a year, that is for my case first year would 02/Dec/2013---> 02/Dec/2014. If I do, ILR status in future would be in jeopardy.

read p19 for the explanation of the absence rule:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Andy12]

Thanks TrueBlue and Manci for your replies.

Trueblue, as you have pointed out correctly and you might have noticed I put a Schengen (?) visa when I put my query, I believe it's the company's headache to sort it out, which visa they need to get to me.

My headache is just that I won't be in jeopardy if I go on for this engagement after 5 years.

Anyways, I believe this is not an opportunity for me and I have to use the science of saying ''I don't want to go'' without actually using those 5 words.

Manci, Thank you very much for pointing my error. I always understood the 180 days will be counted from my date of Tier 2 Application start date, however it is very clear now that I have got a wrong idea!! Holy COW it is ''The specified continuous period is counted backwards from the date of the ILR application.''

How tricky the UKBA can be