ConfusedExpat

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

What visa do you hold?

ConfusedExpat

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

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

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

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

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

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..