continuous residence requirements

[asakhan]

Hi,

I am originally from India, I am working in the UK as a skilled worker for the last 2 years, my company is currently doing a project in India and they want me to work on the project, If I accept the project I will be spending at least 1-2 year in India, I will be visiting the UK few times during this period, I want to know how this will affect my ILR application if I will be eligible or not? Is the time spent outside UK for company work counts towards continuous residence?

[CR001]

You won't be eligible for ilr.

You cannot have more than 180 days absence in any rolling 12 month period regardless of reason for absence.

Also, if you are working in India, then you don't need a Skilled Worker visa.

Continuous residence is UK Residence only. It has nothing to do with working abroad.

[zimba]

If an employee can work mostly remotely, then that might suggest there was no good justification for them to be brought to the UK. They can work overseas for the firm without the need to be here. Your sponsor has duties they need to comply with. Working with little or no requirement to attend work premises or a client site may suggest it is not a role that needs to have an overseas worker in the UK and the sponsor may be questioned on this. If your sponsor has not reported your working arrangements via SMS, their licence might be at risk.

Note that the official 'Sponsor duties and compliance' document says the following:

You must, however, tell us, via your SMS account, if any sponsored worker
is, or will be, working entirely remotely, with little or no requirement to attend
your premises or a client site (a contractual home worker). In these cases,
we reserve the right to ask you to explain why you need to sponsor the
worker to come to the UK if (for example) they could work remotely from
their home country.

https://assets.publishing.service.gov.u ... 4_v1.0.pdf