Impact of International secondment on ILR

[Skdba]

Folks
I am surprised not to see any threads on this topic. Here s my story:

Came to UK on T1 general in Jan 2010. I work for a multinational and have an option to take a 2 year international secondment starting this year, which means I will be out and back in The UK before the 5 year period. From a contract perspective, I will remain a UK employee and can work out (with HR) on continue getting salary in the UK which will enable me to continue paying taxes in the UK while I'm out (don't mind paying higher/double tax). I will have same employer for the entire period.

Question is - will working abroad for two years (with occasional trips to UK) but staying a Uk employee and continue paying taxes be considered 'economically active' to the home office? Can I then apply for ILR in Jan 2016?

Thanks for the advice!

[vinny]

See also Chapter 6A - Settlement and Indefinite leave to remain - calculating continuous period in UK.

[Skdba]

Does not specify ILR qualification regarding an international assignment during the 5 year period. If I pay taxes on uk income without physically being in the country, will that be considerd residency?

[vinny]

The latter link implies that "short secondments" may be permitted. But absences over 180 days per year may be considered too long?

[Skdba]

Indeed and that's explicitly stated. I would like to know regulation regarding longer assignments albeit I continue to pay taxes locally.

[vinny]

245AAA(a)(i).

In the absence of rules to the contrary, it would be risky to assume otherwise.

It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...