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You'd be taking a risk to work in India through a UK company for such a long length of time. People have obtained ILR with a significant amount of absences but frankly 1.5 year of absences is not helpful. There would be no way anyway could guarantee you that you'd get it under these circumstance. I personally would not take the assignment and would tell them why.Clington06 wrote:Hello all, I currently live in the UK as a Tier 1 (General) Migrant. Held an HSMP visa for 2 years prior to that. Now Ive got a total of 3.5 years continuous stay on a Working visa, and Im working towards permanent residence. My problem is: I work for a UK Automobile mfg company and I am going to be sent to India on a project for 2 years, after which I will return to the UK. I will still be employed by the UK company for the 2 years, and will have my house here.
Could anyone please advise about my options after that and how this absence will affect my application for PR? Do the rules not state that the applicant should have stayed CONTINUOUSLY in the UK for 5 years? Or will a total of 5 years be sufficient for a case like mine?
Thanks in advance.
You can't be absent for more than 6 months in total (of the qualifying 5 year period) but no single gap should be longer than 3 months.Clington06 wrote:Thankyou for your responses. Well in case a 6-month absence is not allowed, would it help if I visited the UK once every 6 months for a couple of days?
ANd one more thing: Is it 3 months or 6? Im asking this, as the ILR application doc asks you to mention any periods longer than 3 months that you have been absent from the UK.
Thanks
Hi Mr Baboo, I was wondering if that 3 month limit applies to the initial period of the Tier 1 visa too? Specifically, would entering the UK more than 3 months after the visa was issued affect settlement or does that only come into question after one has actually entered the UK?MrBaboo wrote: You can't be absent for more than 6 months in total (of the qualifying 5 year period) but no single gap should be longer than 3 months.
I'm not sure but I think it would. The relevant requirement here is 5 continuous years of residence in the UK prior to the ILR application. If you had 5 years of visas (initial + renewal etc) but you arrived 6 months into the initial visa then at the 5 year mark you've only spent 4.5 years continuously in the UK (thus don't qualify). Others may have a different take on this.pyke wrote:Hi Mr Baboo, I was wondering if that 3 month limit applies to the initial period of the Tier 1 visa too? Specifically, would entering the UK more than 3 months after the visa was issued affect settlement or does that only come into question after one has actually entered the UK?MrBaboo wrote: You can't be absent for more than 6 months in total (of the qualifying 5 year period) but no single gap should be longer than 3 months.