Indefinite Leave to Remain (ILR) 180 days absences limit

[simhag]

Hi friends,
I have a Tier-2 Genera work Visa. I am working in the UK from Jan 2015. My job requires extensive travel to overseas and may need to work for more than 180 days in a year away from the UK. Though I haven't spent more days outside from the UK till now but expecting to spend more in the next 3 years. My manager isn't in a position to limit my overseas trips as it isn't fully under his control.

As far as I understand from UK V&I website, for applying for ILR, one must not be away feom the UK for more than 180 days in any year for the previous 5 years from the application date.

Is there any lawful way that makes me eligible to apply for and to obtain my ILR even when I had to work in overseas for more than 180 days in a year? Are there any solicitors dealt with a case similar to mine and been successfully obtained the ILR?

Could anyone please reply me if you had come across any similar experience. It gives me so much relief if I can still get ILR and would be very grateful to you for your help.

Thanks and Regards
Simha

[iworker]

No way.
ILR comes with its own rules and is not a right but more of a privilege. .. so you cant say u have worked on work visa for so long and have not been given ILR.

[simhag]

No way.
ILR comes with its own rules and is not a right but more of a privilege. .. so you cant say u have worked on work visa for so long and have not been given ILR.

Thanks for your reply.

I agree that it is a privilege and not a right.

Being a service engineer, I have no choice but to work in overseas as my job in the UK demands.

So, if I cross 180 days limit then I will not be eligible for ILR. If I don't get my ILR then I have to leave the country, loose the job in the UK and find another job back in the home country. That's sad.

Is there any help I can expect from any one on obtaining ILR even if I had to cross the 180 days barrier.

Cheers

SimhaG

[iworker]

I am afraid it is like that.
Are u married? If yes, is your partner with u in uk?

[simhag]

I am afraid it is like that.
Are u married? If yes, is your partner with u in uk?

Yes, I am married and I have a 3 years child.

My Visa is valid from 17.Nov.2014 until 14.Dec.2019. I came to the UK on the 10.Jan.2015. My family joined me on the 04.Apr.2015 and staying with me.

I am not sure whether UK V&I will look into my circumstances and grant me ILR even if I had to cross the 180 days barrier. Being careful, I would like to find all the options to be eligible for ILR.

Cheers

[iworker]

If your partner works and can get his/her own tier 2, and u become their dependent, then u will not have a problem of being away for more than 180 days a year.
I dont think there is any discretion applied to this rule, with people regularly always rejected if over 180 a year in any one the years.
Also it is ILR requirement of staying in country for over 180 days .. for nationality it is even more stringent with number of absences being combined for 5 years, which makes it even more difficult for people who come in and go