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Tier 2 Working abroad for same company

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jrim22
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Posts: 2
Joined: Fri Dec 08, 2017 4:38 pm
Australia

Tier 2 Working abroad for same company

Post by jrim22 » Fri Dec 08, 2017 4:54 pm

Hi all,
I'm Tier 2 (general) and my company has just asked me to represent them at a 5.5-month programme in an EU country. It isn't the kind of thing where someone else can go as I'm the key person in this arm of the company.
I'm worried about the 180-day rule and so have a few questions related to my attending the programme.

1. By spending 180 days in this EU country, will my Tier 2 Visa cease to be valid?
2. With the somewhat recent changes, would this affect a future ILR application? I still have 4 years before I have been living in the UK for what I understand to be the 5 years required.
3. On what period does the 180-day rule apply, if it does apply to 1 or 2 above?
a) any 12 month period
b) these 12-month periods are set from my date of arrival in the UK going forward (e.g. November 10-November 9 for each following year)
c) these 12-month periods are set from my date of application for ILR in the UK going backward (e.g. December 2-December 3 for each proceeding year)
d) something else

Thanks all, my apologies if this has been asked before but my trawling only found older posts.

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CR001
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Re: Tier 2 Working abroad for same company

Post by CR001 » Fri Dec 08, 2017 7:34 pm

1. If you are no longer working in the UK, your sponsor has an obligation to inform HO and your visa will be cancelled/curtailed.

2. What recent changes??

3a/b/c/d. 5 X 12 month cycles counting backwards from date you are eligible for ILR.
Char (CR001 not Casa)
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jrim22
Newly Registered
Posts: 2
Joined: Fri Dec 08, 2017 4:38 pm
Australia

Re: Tier 2 Working abroad for same company

Post by jrim22 » Fri Dec 08, 2017 8:12 pm

Thanks for your response.
1. I'll be spending some time in the UK working, too. What is the maximum amount if time I can work outside of the UK (for my current employer) before my visa is invalidated and what is the longest I can spend outside in any one stint?

fielddrive
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Posts: 602
Joined: Thu Sep 27, 2012 2:03 pm
United Kingdom

Re: Tier 2 Working abroad for same company

Post by fielddrive » Sat Dec 09, 2017 9:58 pm

The following is my opinion and you should get professional advice for your unique situation:

1. An employer can send you overseas for projects that are limited in time and temporary in nature. That should not affect your immigration status in the UK as long as you stay economically active in the UK i.e. your salary is paid in your regular UK bank account and you continue to pay tax and NI contributions as someone who is in the UK.

2. The UK is not a jail and you are not serving time here. In the light of this statement, even if you spend excessive time outside the UK but keep coming back regularly (with documentary proof like passport stamps or travel tickets) and you have an employer letter stating the purpose of your visit, the Home Office 'should' discard any leave where you are required to be outside the country as a part of your role/duties.

The above is true for ILR. There are a slightly different set of rules for naturalisation and that too in the last 12 months before you apply (if that is something you aspire in the long term).

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