Leaving the UK after Five Years on a Tier-2 Visa: Implications for Permanent Residency

When considering a Tier-2 visa in the UK, one critical aspect to understand is the potential impact of leaving the country after a prolonged stay. This article aims to clarify the complexities surrounding Permanent Residency (also known as Indefinite Leave to Remain, or ILR) when a Tier-2 visa holder departs and returns to the UK.

Continuous Residence Requirement

To qualify for ILR, a visa holder typically needs to have lived in the UK continuously for a minimum of five years on a qualifying visa. This continuous residence requirement forms a cornerstone of the application process. If a visa holder leaves the UK for two years or more, this breaks the continuous residence, necessitating a fresh start in the application process.

Returning to the UK

Upon returning to the UK after a two-year absence, a visa holder is required to reapply for a visa, such as a Tier-2 visa or another work visa, to recommence the accumulation towards the five-year requirement. It is important to note that the two years spent outside the UK do not count towards the continuous residence period.

Eligibility for ILR

To be eligible for ILR after returning to the UK, the applicant must again complete a minimum of five years of residency on a qualifying visa. This indicates that starting over from the beginning is essential post-absence.

Exceptions and Circumstances

While there may be specific circumstances under which different routes to residency are available, these exceptions are typically limited and do not apply if the departure from the UK was for an extended period without a clear intention to return.

Summarizing the Implications

In summary, if a visa holder leaves the UK after five years on a Tier-2 visa and returns after a two-year absence, they are ineligible to apply for ILR immediately upon return. The holder would need to again complete another five years of residence on a qualifying visa to apply for ILR once more.

ILR Application Window and Employer's Role

It is crucial to understand that the period for which a visa holder can apply for ILR is 28 days before the expiration of their visa. Tier-2 General visas are issued for a maximum duration of 5 years and a month. Applying outside this window is not permissible.

The ILR application process includes a requirement for the employer to submit a letter confirming that they still require the visa holder in their employ. Absence after 5 years would make this requirement impossible to meet.

ILR and Post-Application Considerations

Although the applicant is expected to continue working for the employer after receiving ILR, there is no statutory obligation to do so. However, if the visa holder leaves the UK and settles elsewhere, their ILR can be cancelled based on the condition that the permit is dependent on being a resident in the UK.

Therefore, if a Tier-2 visa holder leaves after 5 years, they cannot apply for ILR at a later date. If they receive ILR before leaving the country and then depart, they are at risk of losing it. Upon returning after 2 years, it is likely that their ILR will be cancelled upon entry. If they return before 2 years, the immigration officer will decide whether the individual is entering the country to live or to visit. If it is to live, the entry should be permitted, but if it is to visit, their ILR might be canceled on the spot.

Conclusion

The implications of leaving the UK after five years on a Tier-2 visa for the subsequent application for ILR are significant. It is essential for visa holders to carefully consider the potential impacts and plan their stays accordingly to avoid any disruptions in their permanent residency applications.