3-month work in Australia

[ugurevin]

I have had HSMP visa for 2 years. I work as a permanent employee for a consulting company. My employer wants me to undertake a role in Australia for 3 months. As far as I know I can only leave the UK 6 months within 4 years to get ILR. Even if my employer is in the UK and I get paid in the UK does this 3-month term count in that 6 months? Do I have to apply for ILR after 4 years? Could you please anyone let me know what implications might happen if I take this role?

Rgds,
Ugur

[ugurevin]

Any update on this? In terms of being outside of the UK is there any difference as to the trip that is either for travel or business?

[luke]

Don't believe there's any distinction made, which makes the 6m rule pretty tough (many of the roles I'd be going for when I arrive are likely to involve travel).

There was a challenge to this a little while back (investor, not HSMP) where an ILR applicant was refused on the grounds of too much time outside the UK. The applicant appealed and won, and there was a bit of press about it with someone (maybe from the HO, can't remember) saying that the law was likely to be changed to allow up to a year out of the UK.

I'll wait and see; in your case though I think it would be a problem -- unless it's no more than 3 months to the day, and you stay close to home for the next 2 years.

[ugurevin]

Actually I checked earlier posts. One of the guys was 5 months away from the UK. He got a letter from the employer stating it was a business requirement and then he got his ILR without any problem.

[luke]

Excellent news!