Only for the Global Talent visa, formerly known as Tier 1 (Exceptional Talent) visa
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
-
Genetics
- Newly Registered
- Posts: 9
- Joined: Tue May 26, 2020 12:58 pm
Post
by Genetics » Fri Sep 11, 2020 8:50 pm
Please I have a question. I got a postdoctoral research position for 3 years in USA and was also awarded the UK global talent visa (promise) recently. I am currently in the UK, but really like the research area of the job that I got in the US. My plan is to go to US and return to UK after 3 years to apply for my ILR. Do you think taking up this job in US and living there for 3 years will affect my ILR? Also, if it will not affect me, must I pay tax to the UK while living in the US?
Your kind advice will be highly appreciated.
Thanks
-
CR001
- Moderator
- Posts: 88010
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Fri Sep 11, 2020 9:01 pm
You won't qualify for ilr after 3 years. Your visa requires UK residence. Simply holding a UK visa hutbiiving in another country is not sufficient and doesn't meet the rules.
Any absence of 180 days or more in any consequtive 12 months, breaks your continuity of residence. See W4.6 in link below.
https://www.gov.uk/guidance/immigration ... s-of-leave
You are also required to have your endorsement for the whole time. If your endorsement is withdrawn, your visa will be cancelled.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
-
Genetics
- Newly Registered
- Posts: 9
- Joined: Tue May 26, 2020 12:58 pm
Post
by Genetics » Fri Sep 11, 2020 9:24 pm
@ CR001, thanks for your advice but I thought Global Talent Visa is exempted from the restriction.
-
CR001
- Moderator
- Posts: 88010
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Fri Sep 11, 2020 9:37 pm
Genetics wrote: ↑Fri Sep 11, 2020 9:24 pm
@ CR001, thanks for your advice but I thought Global Talent Visa is exempted from the restriction.
It isn't, the link I posted is the immigration rules. ILR on any visa route requires UK residence (and evidence) in addition to any other rules for the category and GTV you have to also remain endorsed for the whole time you are on the visa. Lose your endorsement, lose your visa. You can't simply hold a visa, but live abroad for the whole qualify period and then expect to return to the UK and get permanent residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
-
Genetics
- Newly Registered
- Posts: 9
- Joined: Tue May 26, 2020 12:58 pm
Post
by Genetics » Fri Sep 11, 2020 9:42 pm
Thanks very much for the clarifications. I will turn down the job in the US.
-
digger74
- Newly Registered
- Posts: 11
- Joined: Sat Jan 11, 2020 9:47 pm
Post
by digger74 » Tue Dec 22, 2020 4:09 pm
CR001 wrote: ↑Fri Sep 11, 2020 9:37 pm
Genetics wrote: ↑Fri Sep 11, 2020 9:24 pm
@ CR001, thanks for your advice but I thought Global Talent Visa is exempted from the restriction.
It isn't, the link I posted is the immigration rules. ILR on any visa route requires UK residence (and evidence) in addition to any other rules for the category and GTV you have to also remain endorsed for the whole time you are on the visa. Lose your endorsement, lose your visa. You can't simply hold a visa, but live abroad for the whole qualify period and then expect to return to the UK and get permanent residence.
What triggers the cancellation of endorsement and how does one keep it current? Is there something specific one needs to do?
-
BenDee
- Newly Registered
- Posts: 4
- Joined: Thu Dec 24, 2020 4:26 pm
Post
by BenDee » Tue Dec 29, 2020 7:48 pm
CR001 wrote: ↑Fri Sep 11, 2020 9:37 pm
Genetics wrote: ↑Fri Sep 11, 2020 9:24 pm
@ CR001, thanks for your advice but I thought Global Talent Visa is exempted from the restriction.
It isn't, the link I posted is the immigration rules. ILR on any visa route requires UK residence (and evidence) in addition to any other rules for the category and GTV you have to also remain endorsed for the whole time you are on the visa. Lose your endorsement, lose your visa. You can't simply hold a visa, but live abroad for the whole qualify period and then expect to return to the UK and get permanent residence.
Global Talent visa holders who have been endorsed by the endorsing bodies responsible for science, engineering, humanities and medicine and who undertake research overseas directly related to their grant of leave, will not have such absences counted when they apply for settlement. Partners of Global Talent migrants will be treated in the same way.
-
BenDee
- Newly Registered
- Posts: 4
- Joined: Thu Dec 24, 2020 4:26 pm
Post
by BenDee » Tue Dec 29, 2020 7:49 pm
Genetics wrote: ↑Fri Sep 11, 2020 9:42 pm
Thanks very much for the clarifications. I will turn down the job in the US.
Dude you don't have to turn down the Job