Working outside the UK - is there a limit?

[bkchow]

Hello

I have accepted a contract agreed and paid in the UK. However, part of the project I am working on requires me to travel outside the UK for 3 weeks every month, with 1 week based back in the UK. This could be ongoing for a year, maybe two if I am renewed on the contract.

I know about the following:

- you must not be away from the UK on a consecutive 90 days or more
- you must not be away from the UK for more than 183 days in a year
- there is allowance for being away on business trips but this is at the discretion of the immigration officers

How can I prevent/resolve any potential issues with applying for my ILR in 3 years time if the UKBA claim I broke their rules even though I am genuinely away for work reasons?

Has anyone had similar experiences working for a UK company but having to travel significantly for their work? What was the response by UKBA?

Many thanks in advance!

BK

[QuickSam]

- you must not be away from the UK for more than 183 days in a year

This understanding is incorrect. You can be away from UK for a max of 180 days in the 5 yr period that you'd claim for ILR. If you have been away from UK for more than 180 days, your ILR application might be rejected. The option available would be to extend your Tier 1 leave to remain and apply for ILR claiming a continuous 5 yr period in which your total leaves are less than 180 days and there are no consecutive 90 day leave periods.

[vinny]

See also Chapter 6A - Settlement.

[Manka10]

Hello

I have accepted a contract agreed and paid in the UK. However, part of the project I am working on requires me to travel outside the UK for 3 weeks every month, with 1 week based back in the UK. This could be ongoing for a year, maybe two if I am renewed on the contract.

I know about the following:

- you must not be away from the UK on a consecutive 90 days or more
- you must not be away from the UK for more than 183 days in a year
- there is allowance for being away on business trips but this is at the discretion of the immigration officers

How can I prevent/resolve any potential issues with applying for my ILR in 3 years time if the UKBA claim I broke their rules even though I am genuinely away for work reasons?

Has anyone had similar experiences working for a UK company but having to travel significantly for their work? What was the response by UKBA?

Many thanks in advance!

BK

Longer discretionary absences in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where:

• There have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the UK. No single absence abroad must be for more than three months at a time and any periods of long absence must not total more than six months. If the example is work related, evidence will need to be submitted to show that it would have serious implications for the employer or business if the travel had not been undertaken. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of a senior executive officer (SEO) or Grade 7.

so you will need a letter from your employer justifying the travel which I think should be straightforward

I have read about cases with more than 460 days spent outside UK in the 5 year period being granted ILR after satisfactory explanation was provided

[bkchow]

Thanks all for your quick responses.

Manka, your response gives me the best hope!

I do not think it will be difficult to ask my employer to write a letter. However, the part where it states 'serious implications' will be the deciding factor. That is open to interpretation and as they say, everyone is 'expendable' which means if I didn't do the job, there will be someone else who can take over more or less.

[Manka10]

Thanks all for your quick responses.

Manka, your response gives me the best hope!

I do not think it will be difficult to ask my employer to write a letter. However, the part where it states 'serious implications' will be the deciding factor. That is open to interpretation and as they say, everyone is 'expendable' which means if I didn't do the job, there will be someone else who can take over more or less.

any time mate but speak to an experienced consultant as well, there are a lot of grey areas