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Tier 2 General Visa limit on staying outside UK

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

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tinasangi30
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Tier 2 General Visa limit on staying outside UK

Post by tinasangi30 » Mon Nov 16, 2020 4:15 pm

Hi Experts,
I have been struggling to understand and find the exact answer for my query. I have a Tier 2 general visa sponsored by one MNC in UK. I have already spent 4 years and now 1 more year left for my ILR. So i wanted to understand for how many days a Tier 2 General Visa employee can stay outside UK.?
Some say:
- Not more than 180 days in whole 5 years.
- Not more than 180 days in any of the year within 5 years.
- Not more than 540 days in whole 5 years.

Please can anyone give me the exact accurate answer for this or may be someone who has recently experienced this and knows the answer perfectly. Looking forward to your kind revert soon..!!

Thanks

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CR001
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Re: Tier 2 General Visa limit on staying outside UK

Post by CR001 » Mon Nov 16, 2020 6:21 pm

180 days per 12 month period.
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tinasangi30
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Re: Tier 2 General Visa limit on staying outside UK

Post by tinasangi30 » Mon Nov 16, 2020 8:17 pm

Hi CR001
Thanks for your quick reply. So you are saying I can spend 900 days outside UK in 5 years but no more than 180 days per year and will still be eligible for the ILR. Am i correct.?

Thanks

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CR001
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Re: Tier 2 General Visa limit on staying outside UK

Post by CR001 » Mon Nov 16, 2020 8:42 pm

Char (CR001 not Casa)
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Faqasim
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Re: Tier 2 General Visa limit on staying outside UK

Post by Faqasim » Mon Nov 16, 2020 8:47 pm

You need to be careful in calculating these 180 days. It is not based on typical year from January to December. It is any consecutive 12 months. For example:

You travelled on 1st of June 2019, and came back on 27th of November 2019 (179 days).
Then, you travelled on 1st of January of 2020 to 5th of January 2020 (4 days).

In the example above, it is true that you travelled only 179 days in 2019 and 4 days in 2020. But you WONT be eligible for ilr because you travelled for more than 180 days on the period between May 2019 and April 2020 (12 consecutive months)

Another example explaining the different between the rules before and after 11 Jan 2018: Please find the whole "Indefinite leave to remain: calculating continuous period in UK" guidelines:
https://assets.publishing.service.gov.u ... gov-uk.pdf

For settlement applications made from 11 January 2018, you must consider
absences from the UK on a rolling basis, rather than in separate consecutive 12-
month periods. If the applicant’s qualifying period includes leave granted before this
date, any absences during that leave will be considered under the previous rules – in
separate 12-month periods ending on the date of application.
For example:
The application date is 30 June 2020. The applicant’s continuous period includes the
following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this
grant of leave will be considered in separate 12-month periods, ending on 30
June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during
this grant of leave will be considered on a rolling basis: you must not include
any absences from the previous grant of leave when you assess this

tinasangi30
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Re: Tier 2 General Visa limit on staying outside UK

Post by tinasangi30 » Mon Nov 16, 2020 10:10 pm

Thanks CR001..!!

Hi Faqasim
Thanks for this detailed information. Can you give me answers for few more questions please:
- Are you saying 12 consecutive months starts from the month when you leave UK until the same month in next year (such as June 2019 to June 2020).
- Last year I was out of UK from 9th Dec,2019 to 19th Jan,2020. Are you saying my 12 consecutive months will be Dec 2019 to Dec 2020. And if I leave UK in Dec again then i might extend 90 days gap.

Also in lots of articles and other sites, I can see the 180 days absence has been changed to 90 days from Jan, 2018. Is that true.?

Thanks

Faqasim
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Re: Tier 2 General Visa limit on staying outside UK

Post by Faqasim » Tue Nov 17, 2020 1:24 am

- Are you saying 12 consecutive months starts from the month when you leave UK until the same month in next year (such as June 2019 to June 2020).
No. I am saying that any consecutive 12 months, not defined by a start month. if you exceed 180 days at ANY 12 consecutive months, you won't be eligible.

- Last year I was out of UK from 9th Dec,2019 to 19th Jan,2020. Are you saying my 12 consecutive months will be Dec 2019 to Dec 2020. And if I leave UK in Dec again then i might extend 90 days gap.
No. I am saying that any consecutive 12 months, not defined by a start month. if you exceed 180 days at ANY 12 consecutive months, you won't be eligible.

- Also in lots of articles and other sites, I can see the 180 days absence has been changed to 90 days from Jan, 2018. Is that true.?
I am not aware of that change. The Home Office public documentation mentions the 180-day rule. Please share your sources.

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Re: Tier 2 General Visa limit on staying outside UK

Post by CR001 » Tue Nov 17, 2020 5:32 am

Also in lots of articles and other sites, I can see the 180 days absence has been changed to 90 days from Jan, 2018. Is that true.?
There is no such 90 day rule for tier 2 and tier 2 ILR. It is 180 days absence. The change in January 2018 is in the link I provided above already, ie 180 days in ANY 12 month ROLLING period.
Char (CR001 not Casa)
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