Podcast | Workforce Worldview

    Sponsored Workers and Overseas Absence – How Long Can You Stay Outside the UK on a Skilled Worker Visa?

    December 2024
    Region: Europe
    Featuring:

    Like anyone based in the UK, sponsored workers may have cause to spend time abroad – whether for work or for personal reasons. But are there any limits on that? The answer is not quite as simple as Yes or No. Listen to this episode of our Workforce Worldview podcast, as Magali Ferreyra Alvarez and Osheenn Giam from our business immigration team work through what you need to know.



    A few key takeaways from their discussion, beginning with probably the most obvious question:

    Is there a limit on how long sponsored workers can spend outside the UK?

    Technically speaking, no – there is only a limit to that if you are applying for indefinite leave to remain in the UK.

    If you are not applying to settle in the UK, are there any limits on going abroad?

    There is no specified limit, but if you travel overseas a lot, then the Home Office may nevertheless want to know why – if it affects your sponsored role, for example, and therefore whether you are still in that role.

    If you are applying to settle in the UK, what is the absence limit?

    The simple answer is 180 days in 12 months, but, as Osheen explains here, it is important to understand how that is calculated.

    Does the 180-day limit apply to dependants too, or just the sponsored worker?

    Yes, it applies to spouses and civil partners too, although not to children. But if the parents do not meet the criteria, that can affect the children’s application to settle.

    If you do have to travel abroad a lot, is there any leeway on that limit?

    In exceptional circumstances, the Home Office has some limited discretion, but the bar for “exceptional” is very high – it is better to stay well within the limits.

    What happens if you go over the 180-day absence limit?

    Because the limit is only concerned with indefinite leave to remain, you may be able to extend your skilled worker visa, but in that case of course, there are criteria to meet and expenses to consider.

    Featuring

    Magali Ferreyra Alvarez London
    Osheenn Giam London

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