HELP-Need urgent advice for Tier 2(Gen) while travelling

[Sid_details]

Hi All,

I am on Tier 2(Gen) and I have to travel out of UK for india for 31 days from dublin

I am having Ireland visa so taking flight from Dublin in the morning and will return to Dublin only after vacations and will travel in/out of UK(NI) by bus/train. As there would be no stamping for UK leaving and returning, how will they count my absence?

Taking Flight for India from Dublin on 27th sep (7 am) and will return on 27 oct (8pm) at Dublin airport. So will they count 27 sep and 27 oct as out of UK as i will take flight from Dublin? My total days outside UK would be 29 or 31 as will be taking bus for Dublin on 27th sep morning i.e. around 2 am but no stamping on passport?


Please advise
1. How will they count my absence when no stamping on passport for UK in/out
2. Will they count 27 sep and 27 oct as out of UK
3.Is it allowed on Tier 2 to travel from Dublin (Any issues for extension and ILR)
4. Can i (tier2) travel/vacation for 30-31 days out of UK, is it allowed.

I would appreciate any reply as have to travel urgently and don't want to risk my tier2 visa.

Many Thanks,
Sid

[MPH80]

The UK does not extend to Ireland - so when you cross the border - you are considered absent.

[Sid_details]

I will cross UK border(27 sep) morning around 2 am and will also come back on 27th Oct only. So please tell me if 27 sep and 27th Oct will be counted as out of UK.

I will take bus from Belfast(27 sep at 1 am) to Dublin (Flight at 7 am morning) that is just 2 hrs so total days outside UK would be 29 or 31? Can I travel out of UK for more than 30 days when i am on Tier 2 (G)

Many Thanks,
Sid

[MPH80]

Calculating absence: https://www.gov.uk/government/uploads/s ... eriods.pdf

[Sid_details]

Thanks a lot for your link, here they mention for tier2 as well its 180 days for 12 months

But I have checked on below uk gov site

https://www.gov.uk/government/uploads/s ... _08-14.pdf

page 51 of above document para 228 point 4

• You cease to work for the Sponsor for a period of one calendar month or more except
where your absence is solely due to maternity, paternity or adoption leave or sick
leave.

They didn't mention anything for annual leave or holidays, only above specific leaves allowed for tier 2 and on tier 2 we cannot stay until employed so we can only take leaves. If that's the case what they mean by cease to work as stop working is not at all possible with tier 2.

Can you please explain this point(4), is it we on tier 2 can only stay outside more than a month(180 days) only when on maternity, paternity,sick (cannot stay for 180 days when on vacation/annual leave)

Thanks,
Sid

[MPH80]

The difference in those scenarios (Maternity, Sick leave, Paternity) is that you may be reduced to statutory pay (or even no pay) and that's why they are querying it.

Annual leave wouldn't count providing you are on full pay. If you are taking unpaid leave - that might be a different matter.

[Sid_details]

Thanks a lot for the clarification

That means on Tier 2 as well i can travel for 31 days (27sep to 27 Oct) out of UK as i would be on paid leave and it will not create any problem while coming back and T2 extension?

Regards,
Sid