Continuous residence question

[cset134]

Will appreciate if someone can answer this please.

I switched from a Tier 4 to Tier 2 General in June 2013 in-country (for a job starting in August 2013) but then left the UK for 2 months and came back just before the job start in August. When does my Tier 2 continuous residence period start for ILR purposes?

Thanks in advance.

[leeloy88]

Will appreciate if someone answer this please.

I switched from a Tier 4 to Tier 2 General in June 2013 in-country (for a job starting in August 2013) but then left the UK for 2 months and came back just before the job start in August. When does my Tier 2 continuous residence period start for ILR purposes?

Thanks in advance.

June. Even if the tier 2 was issued outside the UK it's still June as long as you entered the UK within 90 days after the issue date.

[cset134]

Thanks leeloy88. What about the 2 months break? Is that in line with continuous residence?

What justification will I need to provide for that given the employment only started in august?

[leeloy88]

If you start counting from June you will need to count the 2 months as absences from the UK, it's 2 months so about 60 days you're fine as long as the total days outside the UK don't exceed 180 days per every 12 months of the 5 years.

Or if not, you can start counting your 5 years from August (in case you do have a lot of personal or business travel with your employment and counting that 60 days will exceed the 180 days threshold).

I don't think you should worry and over think this at all, it's too early for you (you will complete 5 years tier 2 in 2018) and who knows what the immigration rules will be at that time.