2 August 2018

UNITED KINGDOM: Home Office reinstates old calculation rule for permanent residence

The calculation rule that was implemented in January earlier this year, calculating acceptable absences for Tier 2 skilled workers, has been reversed by the Home Office. Tier 2 skilled migrant workers who have lived and worked in the U.K. for five continuous years are eligible to apply for permanent residency.

The old calculation rule is less strict as the migrant can spend 180 days outside of the U.K. during any of the separate five 12-month blocks from the application date. The newly implemented rule was stricter as it counted 180-days over any 12-month period during the previous five years. As a result of lobbying from stakeholders, the old rule was reinstated for all workers who entered the U.K. before 11 January 2018 and will be in effect for the next five years.

How does this affect the client?

Companies should make Tier 2 workers who want to settle in the U.K. aware of the calculation rule. It is advised to maintain a schedule of absences from the U.K in case of frequent business travel or extended single absences, both personal and business.




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