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Do I risk losing ILR if I work abroad for my UK employer?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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SPILR
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Do I risk losing ILR if I work abroad for my UK employer?

Post by SPILR » Tue Jul 04, 2017 4:45 pm

I have obtained ILR in May 2017. I am considering the option of being 'physically' based in India for my present UK employer. There is an option that my present job contract will remain exactly the same, i.e. I will continue to be UK tax payer, whilst being physically based in the India offices for 8 to 9 months in a year. For the remainder of the 3 to 4 months in the year I would be based in the UK office. My intention is to have this arrangement on a ongoing basis, i.e. year on year.

My question is, do I stand a risk of getting my ILR revoked at the UK immigration after a couple of years, as it might appear to the immigration officer at the airport that I am not seeking entry into the UK for settlement (as I would have usually spent considerable amount of time abroad for preceding few years) , and therefore they may grant me entry as a tourist (I have come across a few posts indicating this may happen). when I subsequently seek entry into the UK, I wouldn't be fulfilling the condition related to 'must have held an ILR when last left the UK'.

If the above presents a risk, then can anyone please suggest me a workaround apart from considering Naturalisation? Thanks.

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zimba
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Re: Do I risk losing ILR if I work abroad for my UK employer

Post by zimba » Tue Jul 04, 2017 5:25 pm

If you are absent for more than 2 years you will lose the ILR status. However long absences of less than 2 years from the UK also means that you are not technically settled here and so you might risk losing the ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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