25 replies to this topic

[315cool]

Can a Tier-1 (General) candidate take up an offshore job assignment without affecting the ILR requirement ? The potential job offered by a company based and head-quartered in the UK. The duty cycle is 28-days at their offices abroad (offshore) and returning on next 28 stay cycle in the UK to maintain home base and family in the UK. By maintaining home, the council tax will be paid. Thus, there will be an alternating cycle of 28 days outside the UK and 28 days inside the UK.

Please advise, whether it would affect the ILR requirement.

Cheers

[Victoria]

Yes. You would fail to meet the residence requirement if you spend more than 6 months out of the UK in the 5 years.

[315cool]

Thanks indeed Victoria. May I add some additional points to clarify the case ?

(1)  The company has its head-quarter in the UK. This will be a deputation (secondment) to the overseas business associates. The assignment letter would state the same details. The absence will be certified by the company for the deputation. Each overseas stay period is expected to be 28-days (and alternating 28-days stay in the UK).

(2)  The salary would be paid in the UK. Thereby, applicable tax payment would be made here.

Please advise, whether it would affect the ILR requirement from the required stay period perspective.

Cheers,

[Gentleman of Leisure]

It's not relevant that the money is paid in the UK, taxed in the UK, etc.  What matters is that if you stay outside the UK for the periods you are describing (50% of your time), you will break your residence for the purposes of applying for ILR.  You can continue to extend your leave for as long as you wish, but you will not be eligible for ILR until you made five unbroken years.

[SkillClear]

When you say 'offshore' do you mean in British waters?

[315cool]

SkillClear, on 22 November 2012 - 08:36 PM, said:

When you say 'offshore' do you mean in British waters?

No it's outside Europe.

It is understood that there are some new rules being released for absences.  For the background stated above, is there any chance of benefit from such rule for Tier-1 (G) ?

Cheers,

[Victoria]

Is it understood? By whom? What?

I think you are clutching at straws.

[Gentleman of Leisure]

I think you will have to wait to see the precise wording of the modernized guidance.  Literally the day after you posted this question a SOI was emitted that seemed to indicate absence of up to 180 per cyclical year (throughout five continuous years) would be disregarded.  

Up to a maximum of 180 days in any of the five consecutive 12 calendar month periods preceding the date of the application for indefinite leave to remain may be spent outside the UK, provided the absence is due to an employment, including annual leave, or business related reason or there are serious or compelling compassionate reasons for the absence.

http://www.ukba.home...pdf?view=Binary

[315cool]

Thanks you are real gentleman!

Could you please elaborate and confirm the interpretation ? Also, what woud be the effective start date ?

Cheers,

[Victoria]

I totally disagree with GOL's interpretation, btw. This clarification clearly needs clarification!