British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Indefinite leave to remain (continuous period) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/indefinite-leave-remain-continuous-period-915596/)

ConfusedExpat Aug 2nd 2018 10:54 am

Indefinite leave to remain (continuous period)
 
Hello everyone,

I have read many posts on this forum regarding how the continuous period is being determined should someone consider to apply for indefinite leave to remain. The one thing I am unsure about is whether these days are only related to personal travel and whether there are exceptions for business travel?

As an example, I am employed by the Department for Business, Energy and Industrial Strategy (BEIS), and frequently travel to the US and spends about four months per year there. Do I then still fall under the requirement of three months per year?

Thank you in advance for any advice in this regard.

Best
ConfusedExpat

BritInParis Aug 2nd 2018 11:16 am

Re: Indefinite leave to remain (continuous period)
 
What visa do you hold?

ConfusedExpat Aug 2nd 2018 11:22 am

Re: Indefinite leave to remain (continuous period)
 

Originally Posted by BritInParis (Post 12542187)
What visa do you hold?

Currently, I have a Tier 2 (General) visa, but I am thinking of switching to a Tier 1 (Exceptional Talent) visa next year.

I have been told that having a Tier 1 visa will make my life significantly easier.

BritInParis Aug 2nd 2018 11:52 am

Re: Indefinite leave to remain (continuous period)
 

Originally Posted by ConfusedExpat (Post 12542190)
Currently, I have a Tier 2 (General) visa, but I am thinking of switching to a Tier 1 (Exceptional Talent) visa next year.

I have been told that having a Tier 1 visa will make my life significantly easier.

I’m doubtful unless you wish to change employer. It would also reset your clock towards ILR.

Have you always been on a Tier 2? How many years have you been in the UK and on what visas?

ConfusedExpat Aug 2nd 2018 12:26 pm

Re: Indefinite leave to remain (continuous period)
 

Originally Posted by BritInParis (Post 12542200)
I’m doubtful unless you wish to change employer. It would also reset your clock towards ILR.

Have you always been on a Tier 2? How many years have you been in the UK and on what visas?

Ah, that is interesting, I did not know that switching visa types will reset my clock.

I have always been on Tier 2 (General) since arriving here in October 2017.

I am just concerned about travelling so much?

BritInParis Aug 4th 2018 11:50 am

Re: Indefinite leave to remain (continuous period)
 

Originally Posted by ConfusedExpat (Post 12542212)
Ah, that is interesting, I did not know that switching visa types will reset my clock.

I have always been on Tier 2 (General) since arriving here in October 2017.

I am just concerned about travelling so much?

So less than a year. If you wish to switch then the sooner the better to avoid being penalised. Which particular Tier 1 would switch to? Exceptional talent leads to ILR in three years so that would be preferable to staying on Tier 2. Exceptional promise leads to ILR in five years so you would effectively 'lose' a year towards ILR but you wouldn't be beholden to your employer.

Tier 2 (General) allows you to spend up to 180 days outside the UK in any given twelve month period without negative consequences so four months a year is fine.

ConfusedExpat Sep 5th 2018 6:32 pm

Re: Indefinite leave to remain (continuous period)
 

Originally Posted by BritInParis (Post 12543024)
So less than a year. If you wish to switch then the sooner the better to avoid being penalised. Which particular Tier 1 would switch to? Exceptional talent leads to ILR in three years so that would be preferable to staying on Tier 2. Exceptional promise leads to ILR in five years so you would effectively 'lose' a year towards ILR but you wouldn't be beholden to your employer.

Tier 2 (General) allows you to spend up to 180 days outside the UK in any given twelve month period without negative consequences so four months a year is fine.

I did a careful analysis today, and it seems like I will be outside of the UK for 184 days this year (I did not travel last year).

How strict are they on these rules? If they are indeed very strict, I will change my travel plans accordingly.

Thank you again for all of the advice. I very much appreciate it.

BritInParis Sep 7th 2018 12:23 pm

Re: Indefinite leave to remain (continuous period)
 

Originally Posted by ConfusedExpat (Post 12559056)
I did a careful analysis today, and it seems like I will be outside of the UK for 184 days this year (I did not travel last year).

How strict are they on these rules? If they are indeed very strict, I will change my travel plans accordingly.

Thank you again for all of the advice. I very much appreciate it.

You can go over but it would then be at the discretion of the Home Office whether you would qualify which is not generally a position you should choose to be in so I would change your plans accordingly and give yourself at least a few days breathing room in case of emergencies, cancelled flights, etc..


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