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ILR and 5 month secondment

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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HSAG1D
Newly Registered
Posts: 5
Joined: Sun Aug 01, 2010 2:05 am
Location: Manchester

ILR and 5 month secondment

Post by HSAG1D » Sun Aug 01, 2010 2:33 am

Hi,

I am working for a UK university. I have been recently offered a 5 months secondment in an international organisation located overseas. The secondment will be in the form of unpaid leave (as per the general policy of the university). The international organisation will pay the salary which will be tax-exempt. The salary will be paid partly to a UK bank account.

According to the UKBA IDI settlement instructions, an applicant must not be absent from the UK for more than 3 months at a time and 6 months in total during the 5 year continuous residence (excluding holidays and business trips). Moreover, these absences can be accepted if they are "for reasons related to the applicant's employment or business in the United Kingdom".

I wonder if the learned members could comment on the below questions?

1. Could a secondment given in the form of unpaid leave (and supported by a letter stating the person is seconded) be regarded as "for reasons related to the applicant's employment or business in the United Kingdom"?
2. If there is a 5 days period in which the applicant was paid and worked just in the middle of the secondment ("2.5 months secondment overseas" + 5 days salaried employment in the UK + "2.5 months secondment overseas"), would the case be counted as two different cases of 2.5 months absences for the purpose of ILR?
3. I will come to the UK every week or fortnight to spend weekends? Does it make any difference?
4. Do you suggest anything else to avoid resetting the ILR clock?

Thank you very much in advance for your help on this issue which is a matter of life and death for me.

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