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Tier 2 ICT to Tier 2 General to ILT

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ukset
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Joined: Sat Apr 20, 2013 9:35 am

Tier 2 ICT to Tier 2 General to ILT

Post by ukset » Sat Apr 20, 2013 10:07 am

Hi,
Below are the main points about my situation:

1. I am in UK on Tier 2 ICT Visa from Feb 2010 and have been outside UK for one month only.
2. I have sponsorship offers from some companies and I understand that I will be able to get Tier 2 general once I change my job.
3. My existing employer has a policy of sending employees to offshore (outside UK) once they resign.

Issue:
1. If my employer sends me to offshore for 1-2 months and I come back again to work for my new employer, will this 1-2 months of period cancel my eligibility for ILR? If I show my employers separation policy to UKBA will it be considered as an exception?
2. If my employer does not give me a written letter for my leave when I travelled outside UK for one month, will UKBA consider payslips for that month as an evidence of my leave? I also have auto generated emails to prove me leave. I have read that in such cases UKBA will contact my sponsor for confirmation, can this be confirmed?

I will have to pay considerable amount to my employer if I resign from onsite, so I want to know if I will still be eligible for ILR in Jan 2015 in this situation, before I resign from my current job.

Experts, please help..

Thanks

ukset
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Posts: 5
Joined: Sat Apr 20, 2013 9:35 am

Post by ukset » Sat Apr 20, 2013 4:15 pm

Experts, please help..., I work for a renowned company and sure that there will be many people in similar situation. What's the best way to get out of this? Please help.

Thanks in advance.

ukset
Newly Registered
Posts: 5
Joined: Sat Apr 20, 2013 9:35 am

Post by ukset » Sun Apr 21, 2013 11:17 am

UKBA site says ..
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

"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."

Will leaving UK due to employer's separation policy be considered as a compelling reason?...

Please help.

Thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Apr 21, 2013 1:59 pm

ukset wrote:UKBA site says ..
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

"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."

Will leaving UK due to employer's separation policy be considered as a compelling reason?... no, it will be a reason that relates to the purpose of your leave in the UK, i.e.work.
see also:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Please help.
Thanks

ukset
Newly Registered
Posts: 5
Joined: Sat Apr 20, 2013 9:35 am

Post by ukset » Fri May 31, 2013 9:20 pm

Hi Manci,
Thanks for you help, still trying to find a solution to deal with my situation without loosing the eligibility for ILR.

"Will leaving UK due to employer's separation policy be considered as a compelling reason?... no, it will be a reason that relates to the purpose of your leave in the UK, i.e.work. "

Can this not be argued that changing employer if for the reason to work in UK and hence related to purpose of leave in some way?

Thanks.

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