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In and Out of Country, ILR Implication on skilled worker visa?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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hardicboy
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In and Out of Country, ILR Implication on skilled worker visa?

Post by hardicboy » Sun Jul 09, 2023 3:27 pm

Hi all,
First of all, thanks to this amazing community helping each other with immigration queries,

I have a query that I was hoping somebody can shed some light on.

My situation:

In September 2021, I entered this country via the skilled worker route. Up until now, I have never experienced unemployment, instead, I have changed jobs while maintaining my skilled worker visa. Currently, my employer allows me to work remotely, and is okay for me to spend a few months outside the UK.

Confusions/Questions:
  • Is it accurate to state that as long as I work(for the same employer) or stay outside the UK for 180 days or less within the period from September 2021 to September 2022, and similarly from September 2022 to September 2023, and so forth for the following years, it will not interrupt my continuous five-year period for Indefinite Leave to Remain (ILR)? In short, is my 12-month continual residence being calculated from SEP - SEP the following year, or is it the current calendar year? The existing definition of what qualifies as lawful and continuous residence in the UK is unclear and somewhat confusing on the official government website, which states, "You must have spent no more than 180 days outside the UK in any 12 months."
  • Additionally, when I spent nearly four months outside the UK (while still employed in the UK and paying my rent etc) between September 2022 and September 2023, upon my return, the immigration officer informed me that there was a threshold regarding the maximum allowable duration of stay outside the UK with my Biometric Residence Permit (BRP). I presume the threshold they referred to was "180 days or less in any 12 months" (they appeared somewhat uncertain themselves and had to consult another officer before granting me entry). This situation made me somewhat anxious, so to prevent a similar occurrence in the future, what should I communicate to the immigration officer?
  • Furthermore, I would like to understand how the government verifies continuous residence. Do I need to maintain records of each instance when I leave the country, through bank statements? or are there other methods employed?
Thank you in advance.

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CR001
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Re: In and Out of Country, ILR Implication on skilled worker visa?

Post by CR001 » Sun Jul 09, 2023 4:21 pm

Absence is counted as 180 days limit in ANY 12 month cycle. It is not based on Calendar year or Sept to Sept for example.

If you are able to do your job remotely abroad, then why would you need a visa to live and work in the UK, which is the purpose of your visa.

For ILR, if you qualify, you have list all your absences and your employer has to write a letter stating your absences too.

UKVI gets all the Advance Passenger Information of when you leave and return.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Djsuccess
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Re: In and Out of Country, ILR Implication on skilled worker visa?

Post by Djsuccess » Sun Jul 16, 2023 10:34 pm

hardicboy wrote:
Sun Jul 09, 2023 3:27 pm
Hi all,
First of all, thanks to this amazing community helping each other with immigration queries,

I have a query that I was hoping somebody can shed some light on.

My situation:

In September 2021, I entered this country via the skilled worker route. Up until now, I have never experienced unemployment, instead, I have changed jobs while maintaining my skilled worker visa. Currently, my employer allows me to work remotely, and is okay for me to spend a few months outside the UK.

Confusions/Questions:
  • Is it accurate to state that as long as I work(for the same employer) or stay outside the UK for 180 days or less within the period from September 2021 to September 2022, and similarly from September 2022 to September 2023, and so forth for the following years, it will not interrupt my continuous five-year period for Indefinite Leave to Remain (ILR)? In short, is my 12-month continual residence being calculated from SEP - SEP the following year, or is it the current calendar year? The existing definition of what qualifies as lawful and continuous residence in the UK is unclear and somewhat confusing on the official government website, which states, "You must have spent no more than 180 days outside the UK in any 12 months."
  • Additionally, when I spent nearly four months outside the UK (while still employed in the UK and paying my rent etc) between September 2022 and September 2023, upon my return, the immigration officer informed me that there was a threshold regarding the maximum allowable duration of stay outside the UK with my Biometric Residence Permit (BRP). I presume the threshold they referred to was "180 days or less in any 12 months" (they appeared somewhat uncertain themselves and had to consult another officer before granting me entry). This situation made me somewhat anxious, so to prevent a similar occurrence in the future, what should I communicate to the immigration officer?
  • Furthermore, I would like to understand how the government verifies continuous residence. Do I need to maintain records of each instance when I leave the country, through bank statements? or are there other methods employed?
Thank you in advance.
You have to be careful with the number of days spent outside. If your travel patterns show that you are spending a lot of time outside the UK, working remotely, you are sending the signal that you don’t need to be in the UK to the job and therefore might not need a visa. So be careful. Why work remotely and continue to pay rent in the UK for empty house/flat?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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