HSMP - what happens if you are sent for overseas posting

[Harpal Cheema]

I am an HSMP immigrant to UK and I arrived in UK in Sept 2004. My
initial visa was for 12 months after which I was granted an extension
for another 3 years (expiring in Sept 2008). With the recent change in rules I believe now you need 5 years before you can apply for Indefinite Leave to remain and I'll have to apply for further extension of 1 year in Sept 2008.

I wish to enquire about my HSMP status if my UK employer wishes to send me on secondment to its overseas (Japanese) sister concern. Specific details are as follows:

- I will be completing 36 months in UK in Sept 2007 (with the same employer).
- My employer wishes to send me to Japan for 2 years in Sept 2007.
- Will I be penalized for the duration of my overseas stay i.e. will my
overseas duration be counted towards 5 year HSMP period or not?
- If the overseas duration will not be counted towards HSMP, then will I
be allowed to complete remaining time on my return to UK?
- If the overseas duration is not counted towards HSMP time, will it matter if I am deputed overseas, but my salary is paid in UK?
- If I am at an overseas location when my leave to remain is expiring,
can I get the extension from UK embassy in overseas location?

I'll appreciate if you could clarify above concerns at the earliest.

[SYH]

You can not be out of the country for secondment work for a continous period of over 3 months. Even if you come back in the country every 3 months, to be gone for all intents and purposes for 2 years would not be considered time to quallify for ILR. The continous stay will be broken and you will have to start from 0 years upon your return provided if your HSMP visa is not revoked by that time.
Bottom line don't take it or jeopardize HSMP visa status and ILR time credit you have accrued so far