Tier-2(Gen)/ILR - Absence more than 180 days due employment

[nasmat]

Hi everyone,

I have a question regarding over 180 days spent outside of UK. The details are as follows:

I am working with a company on Tier-2 (General) Visa. My company is an IT and engineering services provider company which has customer base around the Europe and USA. They sent me on two contracts as subcontractor last year (2015). The rough travelled/worked dates are as follows:

03 Jan 2015 - 30 June 2015 : Germany
02 Aug 2015 - 30 Dec 2015 : Norway

This means I have spent almost 11 months outside of UK in Year 2015. I was completely unaware that this absence from UK will put me in trouble when I will apply for ILR after 5 years.

This time spent outside of UK was purely work related associated with my employer. My salary was paid into my UK bank account (with obviously paid UK tax). I can also provide the payslips. My employer who was also not aware of this situation; is also ready to help me out. They have told me that they can provide me a supporting letter which can states that I went there to protect the company business as there was a shortage of the skilled engineers at that time.

I got the visa on 17 Dec 2013 and extension is due on 27 Jan 2017. I hope I will be eligible to apply ILR in Jan 2019.

Can someone please advise me what should I do to solve this dilemma? Specially what type of supporting letter should i request from my employer. I will be indeed very grateful for the help.

Best Regards
Nav

[CR001]

Unless you can split the absence into two 180 days absence per 12 month periods, you are unlikely to be successful with an ILR application.

[nasmat]

Thank you very much for the reply. The situation is slightly difficult. I have calculated the number of dates I travelled on; which are as follows:

Visa Issue Date
Year -1 -- 20-01-2014 - 20-01-2015
18/05/2014 - 31/05/2014 == 14
21/09/2014 - 01/10/2014 == 10
02/10/2014 - 04/11/2014 == 33
05/11/2014 - 20/01/2015 == 76
138 days spent

Year - 2 -- 21-01-2015 - 20-01-2016
21/01/2015 - 27/02/2015 == 37
01/03/2015 - 03/04/2015 == 33
05/04/2015 - 30/06/2015 == 86
02/08/2015 - 13/11/2015 == 103
15/11/2015 - 30/12/2015 == 45
304 spent

Year - 3 -- 21-01-2016 - 27-01-2017
So far no days spent outside of UK.

Total Days spent outside of UK since Jan 2014: 442 days

This happened only because I was unaware of the 180 days rule. I thought my employer is sending me to carry out the work assignments; which is legal. But seems like it is legal but will put me in trouble when I will apply for ILR.

I will be very grateful for more precise advice.
Kind Regards
Nav

[manci]

read p19: https://www.gov.uk/government/uploads/s ... ds-v13.pdf
and redo your calculation with year 1 starting sometime in July 2014 and year 5 ending in July 2019.

If your are within the 180 day absence limit for each of the 5 years counted backwards from July 2019 then it just means applying 6 months later than you thought you could.

[nasmat]

Thanks Manci. Really grateful.

Starting from July will spill the overflow on the two years 1st and 2nd year. However starting from 08-03-2014 - 07-03-2015 moves the number of days in the 1st year to 180. And also reduces the overflow on the second year from 304 to 260 days (which is about two and half months over 180 days threshold). With that calculation the details are as follows:

Year -1 -- 08-03-2014 - 07-03-2015
-----------------------------------------
18/05/2014 - 31/05/2014 == 13
06/07/2014 - 11/07/2014 == 5
21/09/2014 - 01/10/2014 == 10
02/10/2014 - 04/11/2014 == 33
05/11/2014 - 20/01/2015 == 76
21/01/2015 - 27/02/2015 == 37
01/03/2015 - 07/03/2015 == 6
180 days spent outside UK

Year - 2 -- 08-03-2015 - 07-03-2016
----------------------------------------
08-03-2015 - 03/04/2015 == 26
05/04/2015 - 30/06/2015 == 86
02/08/2015 - 13/11/2015 == 103
15/11/2015 - 30/12/2015 == 45
260 days spent outside UK (overflow of 2 and half months)

Year - 3 -- 08-03-2016 - 07-03-2017
----------------------------------------
So far no days spent outside of UK

With this overflow of two and half months in year 2 only; Can the supporting letter from my employer saves me?

[nasmat]

Actually removing the part days which is written on:
p19: https://www.gov.uk/government/uploads/s ... ds-v13.pdf

This reduces the stress on year -2 from "two and half months" to only "two months". The days calculation comes to following:

Year -1 -- 21-03-2014 - 20-03-2015
-----------------------------------------
18/05/2014 - 31/05/2014 == 11
06/07/2014 - 11/07/2014 == 3
21/09/2014 - 01/10/2014 == 8
02/10/2014 - 04/11/2014 == 31
05/11/2014 - 20/01/2015 == 74
21/01/2015 - 27/02/2015 == 35
01/03/2015 - 20/03/2015 == 18
180 days spent outside UK

Year - 2 -- 21-03-2015 - 20-03-2016
----------------------------------------
21-03-2015 - 03/04/2015 == 12
05/04/2015 - 30/06/2015 == 84
02/08/2015 - 13/11/2015 == 101
15/11/2015 - 30/12/2015 == 43
240 days spent outside UK (overflow of 2 months)

Year - 3 -- 21-03-2016 - 20-03-2017
----------------------------------------
So far no days spent outside of UK

[manci]

no letter from the employer will "save" you - you must comply with the rules.

[nasmat]

Thanks Manci.

This morning I spoke to my HR manager. Last year before going to one of my contract (Aug 2015 - Dec 2014); I was bit cautious that i shouldn't go to that contract. I discussed it with my HR manager. He called UKBA (ILR department) at that time before sending me to the contract. UKBA told him if it is related to the company business (and if the trip is purely business trip) then the ILR application will not affect. However when i asked to get some written information in the form of email; UKBA emailed not a clear reply.

Things were already prepared at that time and I had to go outside of UK to carry out my work assignment (assigned by my employer).

Now I have a overflow of two months in the year 2. Do you think based on this circumstances; ILR application will fail?

[manci]

yes, it will fail. Have you tried what I~ suggested (July to July)?

[nasmat]

Thanks for reply. As advised June - June and July - July period is below:

-------------------------------------------
Period Starting from June - June
-------------------------------------------
Year -1 -- 02-06-2014 - 01-06-2015
06/07/2014 - 11/07/2014 == 3 Work assignment related to my sponsored employer
21/09/2014 - 01/10/2014 == 8 Work assignment related to my sponsored employer
02/10/2014 - 04/11/2014 == 31 Annual Holidays
05/11/2014 - 20/01/2015 == 74 Work assignment related to my sponsored employer
21/01/2014 - 27/02/2015 == 35 Work assignment related to my sponsored employer
01/03/2015 - 03/04/2015 == 31 Work assignment related to my sponsored employer
05/04/2015 - 01/06/2015 == 56 Work assignment related to my sponsored employer
238 days spent

Year - 2 -- 02-06-2015 - 01-06-2016
02/06/2015 - 30/06/2015 == 27 Work assignment related to my sponsored employer
02/08/2015 - 13/11/2015 == 101 Work assignment related to my sponsored employer
15/11/2015 - 30/12/2015 == 43 Work assignment related to my sponsored employer
10/01/2016 - 24/01/2016 == 10 2 Weeks Holidays
183 spent

-------------------------------------------
Period Starting from July - July
-------------------------------------------
Year -1 -- 02-07-2014 - 01-07-2015
06/07/2014 - 11/07/2014 == 3 Work assignment related to my sponsored employer
21/09/2014 - 01/10/2014 == 8 Work assignment related to my sponsored employer
02/10/2014 - 04/11/2014 == 31 Annual Holidays
05/11/2014 - 20/01/2015 == 74 Work assignment related to my sponsored employer
21/01/2014 - 27/02/2015 == 35 Work assignment related to my sponsored employer
01/03/2015 - 03/04/2015 == 31 Work assignment related to my sponsored employer
05/04/2015 - 30/06/2015 == 85 Work assignment related to my sponsored employer
267 days spent

Year - 2 -- 02-06-2015 - 01-06-2016
02/08/2015 - 13/11/2015 == 101 Work assignment related to my sponsored employer
15/11/2015 - 30/12/2015 == 43 Work assignment related to my sponsored employer
10/01/2016 - 24/01/2016 == 10 2 Weeks Holidays
156 spent
-------------------------------------------
Overflow Analysis:
------------------------
May - May : Overflow of almost two months in 2nd year
June - June: 1st year with almost two months and 2nd Year with three days
July - July : overflow is in only 1st year with almost three months

As my visa is Tier-2 (General); my sponsored employer asked me to carry out two assignments/projects in year 2014 and year 2015. This is costing me alot i guess.

I will be very grateful for any advice.

[manci]

you can only get max. 6 years leave under T2G, i.e. you wouldn't be able to stay beyond 17/12/2019. If the start/end dates of the 5 year qualifying period cannot be juggled so that the absence rule is satisfied in each of the 5 years then unfortunately ILR doesn't seem possible

[nasmat]

Thanks Manci.