HSMP/pnt based ILR:continous working vs continous residency?

[[cherry]]

I have just extended 3 more years of HSMP, I fit with the 5 years rule towards ILR.

I would like to take a career break end of year, but just for 2-3 months. Idealy I would love to get an Argentina working holiday visa next month and go there to work and travel for 2-3 months end of the year.

I called up home office multiple times and cant seem to get a clear answer of if taking 2-3 months in between jobs would be okay for ILR?

One of the advisors even pointed out to me, if I leave without work for 2-3 months it will be classified as failing the 'continous working' criteria.

'continous working'? I have only heard about 'continous residency' and the 180/90 rule.......

Does anyone have any advice?

and is an argentinian working holiday visa going to create conflicts with ILR?

Thanks in advance!

[senthil78]

I have just extended 3 more years of HSMP, I fit with the 5 years rule towards ILR.

I would like to take a career break end of year, but just for 2-3 months. Idealy I would love get an Argentina working holiday visa next month and go there to work and travel for 2-3 months eoy.

I called up home office multiple times and cant seem to get a clear answer of if taking 2-3 months in between jobs would be okay for ILR?

One of the advisor even pointed out to me, if I leave without work for 2-3 months it will be classified as failing the 'continous working' criteria.

'continous working'? I have only heard about 'continous residency' and the 180/90 rule.......

Does anyone have any advice?

and is an argentinian working holiday visa going to create conflicts with ILR?

Thanks in advance!

As you are already aware of 180/90 days absence, if your absence exceeded more than 90 days which will break your continuous residency. If you have break in your employment which will also break your continuous residency. I think that you need to decide whether to work in the UK or Argentina.

[[cherry]]

As you are already aware of 180/90 days absence, if your absence exceeded more than 90 days which will break your continuous residency. If you have break in your employment which will also break your continuous residency. I think that you need to decide whether to work in the UK or Argentina.

thanks for your reply. does breaking employment count as breaking continuous residency?

what if i want to change my job and take a break in between? i can not do that even if i just stay in the UK and don't go anywhere for 1-3 months (<90days)?

a working holiday visa in argentina is just for holiday mainly while working to support holiday..... but i can drop it if it is going to cause me trouble for ILR. can i still go on holiday for 2 months? or do i need to have compassionate reason for that?

[[cherry]]

As you are already aware of 180/90 days absence, if your absence exceeded more than 90 days which will break your continuous residency. If you have break in your employment which will also break your continuous residency. I think that you need to decide whether to work in the UK or Argentina.

thanks for your reply. does breaking employment count as breaking continuous residency?

what if i want to change my job and my new job doesnt start until 2 months later?? i can not do that even if i just stay in the UK and don't go anywhere for 1-3 months (<90days) without work?

a working holiday visa in argentina is just for holiday mainly while working to support the holiday..... but i can drop it if it is going to cause me trouble for ILR. can i still go aboard for holiday for 2 months (<90d)? or do i need to have compassionate reason to support being away for that long? how long is considered too long?? after all life is not just about work......

[geriatrix]

No employment in UK + absence from UK during the same time = can be viewed as break in residency in UK.
Employment abroad + absence from UK during that time = is a definite break in residency in the UK.

Remember, you are intending to apply for "working" holiday maker visa for Argentina, and not a visitor / tourist visa. WHM is for dual purpose - work and visit! When the caseworker sees the Argentinian Working Holiday Maker visa in your passport, it might be difficult for you prove to the caseworker that your trip to Argentina was purely for tourist purposes or that you worked only to fund your stay.

What you can do is visit Argentina on a tourist visa AND return to UK within 90 days. Such absence has a higher chance of not being considered as a break in residency.


regards

[[cherry]]

No employment in UK + absence from UK during the same time = can be viewed as break in residency in UK.
Employment abroad + absence from UK during that time = is a definite break in residency in the UK.

Remember, you are intending to apply for "working" holiday maker visa for Argentina, and not a visitor / tourist visa. WHM is for dual purpose - work and visit! When the caseworker sees the Argentinian Working Holiday Maker visa in your passport, it might be difficult for you prove to the caseworker that your trip to Argentina was purely for tourist purposes or that you worked only to fund your stay.

What you can do is visit Argentina on a tourist visa AND return to UK within 90 days. Such absence has a higher chance of not being considered as a break in residency.


regards

Thanks sushdmehta for your expert advice.

You are right it is not wise to have the WH visa for argentina. No reason to risk it if I am serious about ILR.

Just to clarify things further, do you think 'No employment in UK + absence from UK during the same time + <90 days' is going to be fine? obviously the lesser the time away the smaller the risk, but if the leave is > 4 wks <90d does it have to be for compassionate reason, or is a holiday fine?

Am I allow to have breaks in between employment?

[geriatrix]

[ do you think 'No employment in UK + absence from UK during the same time + <90 days' is going to be fine?

As I said, higher chance of being ignored as a normal holiday.

Am I allow to have breaks in between employment?

Yes! You'r opting for one but, given the economic circumstances in the country, some people find it forced down on them.

regards

[[cherry]]

Hi again, the below is what i received today from home office for my email enquiry;

Dear Sir/Madam,

Thank you for your enquiry.

One of the main requirements relating to settlement on the basis of the Highly Skilled Migrant Programme HSMP) / Tier 1 (General) visa category is that the applicant has spent a continuous period of 5 years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period.

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this is of some assistance to you.

please refer to the bold sentences. this highlights to me 2 things;

1. not only business trips, but also paid leaves, can be discounted?
2. the 180/90 rule applies. but questions here-- a) do we need to make up for those absences by extending our visas again? my guts feeling is no we do not need to? --- b) does weekends away count as part of the absences?

[gidoc]

Thanks Cherry for posting this letter. This is very useful for all who ask about absences. I have mentioned several times that paid annual leave will usually be discounted even if it exceeds 180 days provided there is no break of over 90 days.
Best regards

[[cherry]]

Thanks Cherry for posting this letter. This is very useful for all who ask about absences. I have mentioned several times that paid annual leave will usually be discounted even if it exceeds 180 days provided there is no break of over 90 days.
Best regards

thanks gidoc.

do you know if weekends away count as part of the absences?

and if we need to make up for the period of absences by extending our visas again at the end of 5 yrs period??

i like those email equiries, they are usually more careful with their answers because its written down, rather than the telephone advisors, being pressed with time and giving inconsistant answers.