ILR for T2G Dependent employed out UK for upto 180 days

[tej_san]

All,

My wife is on Tier 2 General visa and I am on T2G Dependent visa for last 2 years. I am currently working in the UK on Secondment (employed in India who sent me to the UK on Assignment). I am getting paid by my UK subsidiary only with NO payment made in India.

Now, my assignment in the UK is ending and I will need to go back to India. From that point onwards, my UK salary will stop and I will be paid my salary in India and I will resume my India employment.

My plan is to come back to the UK on another assignment if my company finds something suitable role for me in the UK again. This may take some time and I may have to work in India for sometime.

1. To ensure that I don't break rule for ILR eligibility, can I work and stay out of the UK (India or some different country) for upto 180 days?

2. As remote working is possible, can I stay in the UK and work for my India employer or employer in any other country getting paid in country other than the UK without affecting my ILR eligibility.

3. As my wife is on the main holder of Tier 2 General visa, can she also stay with me in India for upto 8 weeks? She is planning to work from India for 4 weeks and take annual leaves for 4 weeks. In this case, is she breaking the continuous stay in the UK rule for ILR?

Appreciate your advice.

Many thanks,
Tej

[CULLINAN]

Your job/income is irrelevant for your ILR. There is no such requirement for a Tier 2 dependent. However, you have to meet the cohabitation requirements for last 2 years in UK and meet the residence- no more than 180 days outside UK on rolling basis for any leave that is granted after 11th Jan 2018.

Your ILR will only be approved if your wife’s ILR is approved first so she should follow all the Tier 2 main visa requirements.

[tej_san]

Thanks Cullinan for your quick response

How about the below 2 points?

2. As remote working is possible in the current COVID situation, can I stay in the UK and work for my India employer or employer in any other country getting paid in country other than the UK without affecting my ILR eligibility?

3. As my wife is the main holder of Tier 2 General visa, can she also stay with me in India for upto 8 weeks? She is planning to work from India for 4 weeks and take annual leaves for 4 weeks. In this case, is she breaking the continuous stay in the UK rule for ILR?

I understand the rules are more strict for her. I have read somewhere that she can take only take the maximum paid annual leaves out of the UK (28 days in her case). I have also read somewhere that her absence of more than 30 days out of the UK should be for exceptional reasons. This is so confusing. If her employer is approving her 8 weeks stay out of UK which includes 4 weeks of remote working from India, will that be a problem when she will apply for ILR?

Thanks.

[CULLINAN]

Again, your employment scenario is irrelevant for ILR as long your tax issues are okay. Also as long as you meet other requirements as mentioned above.

For your wife’s remote working, Ill pass this question as someone else with more knowledge of Tier 2 can answer.

Also see:
uk-tier-2-employer-sponsored-visas/work ... 08844.html

[CULLINAN]

uk-tier-2-employer-sponsored-visas/work ... 99378.html

Also you may wish to search the forum.

[tej_san]

Thanks for your reply.

Another question.

Last year, my wife had about 20 carried over annual leaves from previous year 2018-19. She was asked to utilize most of her annual leaves in 2019-20 by her employer. She gets 28 days of annual leaves every year. So, she had 48 days (20 carried over from 2018-19 + 28 accrued for 2019-20) of annual leaves to be taken in 2019-20.

Out of the 48 annual leaves, she took 46 annual leaves in 2019-20, out of which 35 leaves taken out of the UK and the remaining 11 leaves were taken in the UK. She was away from the UK for about 57 days including public holidays, weekends and 35 paid annual leaves.

I am scratching my head as I don't get any such information about maximum annual leaves to be taken while being abroad for ILR eligibility. Is there any issue if it's beyond 28 or 30? How about carried over leaves from previous year?

Many thanks,
Tej