Exceeding 180 day absence & ILR

[mattaus]

Hi there

I'm currently looking at doing a six month secondment with work, broken up with trips back to the UK every two months for one week each. My employer has provided me a letter outlining that the work I am completing abroad is for my UK company, and it is consistent with my original purpose of entry into the UK.

I have been on my Tier 2 (General) employment sponsored visa for nearly two years, meaning I have around three years until I am eligible to apply for ILR.

I understand the 180 continuous absence rule, and how exceeding this limit will likely impact your ability to seek ILR. I do not plan to exceed the 180 continuous absences rule during my secondment as I have ample days left and I'll be visiting the UK intermittently during the secondment.

My question is:
If for whatever reason I was deemed to have exceeded the 180 days within one year counted backwards from the day I apply for ILR, what options would be available to me so I could eventually still get ILR in the UK? Would it be a case of getting booted out of the UK when I applied for my ILR, or could I extend my Tier 2 (General) visa so I get to the point where I have 5 years continuous time in the UK?

To be clear, my question is about what options are available to me if I was to exceed the 180 day limit. Can I extend my Tier 2 (General) visa, or do I just have to leave the UK?

Really really grateful for any advice you have!

Thanks
Matt

[Djsuccess]

You can only stay on Tier 2 for a maximum of 6 years. Your 5 years period towards ILR will reset the day you exceed 180 days outside UK. SInce you have spent 2 years on Tier 2 already, that means you can not afford to exceed the 180 days if you want to get ILR.
I believe that you will be able to extend your tier 2 for up to 6 years (that's 2021 or thereabout), after this, you will either be asked to leave UK or move to another category of visa. No one knows what the rules will be then, so moving to another category might not even be an option. who knows?

[iworker]

dont forget its 180 days in a year.. not 180 continuously.
U can onyl have 6 years tier 2 visa in one go, after that u need to serve 1 year of cooling time outside uk and only after that u can apply for another work visa.

[Djsuccess]

dont forget its 180 days in a year.. not 180 continuously.
U can onyl have 6 years tier 2 visa in one go, after that u need to serve 1 year of cooling time outside uk and only after that u can apply for another work visa.

Yes it's 180days per year. Sorry I didn't make that clear in my initial response.

[mushroommushroom]

I believe you can get a letter from your employer that explains your time off is for professional reasons and that won't count towards your 180 day absence quota.

I'm not a lawyer however, you should double check this with someone who is qualified!

[CR001]

I believe you can get a letter from your employer that explains your time off is for professional reasons and that won't count towards your 180 day absence quota.

I'm not a lawyer however, you should double check this with someone who is qualified!

Please DO NOT give incorrect advice. If you are not sure, then please rather refrain from posting.

ALL absences count towards the 180 days.