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Skilled Worker visa (Time Spent Outside UK)

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

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usamaasfer2019
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Posts: 6
Joined: Sun Apr 21, 2019 2:58 pm
United Kingdom

Skilled Worker visa (Time Spent Outside UK)

Post by usamaasfer2019 » Mon Mar 25, 2024 11:32 am

Hello everyone,

I am qnquiring on behalf of someone who wanted to spend 3 to 4 months per year outside of the UK, given that their employer has no objections. Additionally, they're wondering if this would have any implications on their Indefinite Leave to Remain (ILR) application after completing 5 years in the UK. Any insights or advice on this matter would be greatly appreciated

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Frontier Mole
Respected Guru
Posts: 4437
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Skilled Worker visa (Time Spent Outside UK)

Post by Frontier Mole » Fri Apr 05, 2024 4:35 pm

If the individual is working remotely outside the UK then the issue is why is there a need to be employed in the UK. This points to the role not being required in the UK and therefore is possibly a non-genuine vacancy within the definition of the skilled worker guidance. So from that point alone it is not a wise idea for the employer - loss or licence and employee - no longer having a UK role due to licence loss.

The amount of time outside the UK in any one 12 month period would be very much decided by how long and how close to each other are the periods. A three month period in a single 12 month period is not going to cause an issue obviously. the magic number is no more than 180 days in any one 12 month period.

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