Long term absense and PR....

[antouk]

Hi,

I am currenty on T1(G). My current leave to remain expires Feb 2013. And i will be eligible for PR by Apr 2013(i need to go for one more extenstion to cover two months).

My company is asking me to go on a long term (about 2 years)project to US. This is an official assignment.

1. Will this affect my PR?
2. If yes, how can i avoid that?

Thanks in advance

[global gypsy]

I was in a similar dilemma a few years ago on HSMP when my company wanted me to take up an offshore assignment for 2 years. I discussed the potential impact of this on my ILR timeline with various people, and based on advice I received, decided to leave my job and take up another one based in the UK. My advice to you would be somewhat similar.

Being away for 2 years would in all probability stop the clock. Except for exceptional cases such as being on Crown service, I don't believe any exemptions to this rule can be expected.

Hope this helps.

[antouk]

@global gypsy
Thanks for your reply. Gud piece of info.

Is there any guidance on how a case worker decides on absence? For how long will an official absence be considered?

[rg1]

1. Yes
2. Do not go.

Usual guidance is,

up to 3 months gap = no problem
3 to 6 months gap = discreationary but usually no problem
over 6 months gap = difficult but sometimes manageable with additional documents from employer etc.
over 1 year gap = forget it

[antouk]

@rg1,
Thanks for your time & answer.

I was just searching thru the forum and came across this post


1. If the company pays me salary in GBP, then will there be any problems?

2. Will you guys consider that case as an exceptional one?

3. Other guy was on WP and i am on T1(G), will that make a difference?

[global gypsy]

All I can say is that you are taking a huge risk. May have worked for the other guy, but it may not work for you. Besides, no two cases are exactly alike.
Sometimes if you get a caseworker who oversees a point or two, you may get thru. But that's very iffy.

Knowing that you are going to be based outside of the UK for next two years (even if you will be paid in UK), and also given that rules keep getting tightened, my sincere advice would be not to take this chance.

Unless you like living on the edge.

[antouk]

May have worked for the other guy, but it may not work for you. Besides, no two cases are exactly alike.
Sometimes if you get a caseworker who oversees a point or two, you may get thru. But that's very iffy.

very true, thats why i asked that second question.

Knowing that you are going to be based outside of the UK for next two years (even if you will be paid in UK), and also given that rules keep getting tightened, my sincere advice would be not to take this chance.

I just want to understand different possibilities before i can take a decision. I will work on different other options as well. But do you really think if we are paid in UK, still we have possibility of rejection?

[BLK235]

I'd suggest you clarify your case with UKBA and get it in writing or in the form of e-mail.

[antouk]

I have agreed for a short term with my company now.

Thanks for all your time & suggestions.