# Tier 2 - international secondment



## windowseater (Mar 27, 2012)

Hello everybody,

This is my first posting on this forum - hopefully some of you may help out with some advice on the question I have.

I'm currently employed on a Work Permit by my company since 2007, which is very soon coming up to it's expiry after 5 years. My company has informed me that they are happy switching me over to Tier 2 (General) category and they're OK with providing a sponsorship certificate.

At the same time, I have been offered an internal job offer for a 12-month assignment in one of our US-based joint ventures starting in June 2012. During this period, I will be transferred onto US local terms (for tax compliance reasons) however my UK contract will remain in abeyance until I return back after a year.

However, the company immigration lawyer has informed me that if they sponsor a Tier2 for me, there could be an issue with me going overseas since I would be leaving the UK and this could be problematic.

He is studying the case with all information on SOC codes (existing & offered jobs) as well as ascertaining UK contract linkage, and will let me know definitively by end of the week.

I was wondering if anyone else has experienced this type of a situation and how it worked out for them.

It is quite agonizing for me to imagine giving up on a great internal move based on this, but if it comes to it, I may have to give up the offer!

Sorry for a long first posting but any advice would be greatly appreciated!

windowseater


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## Joppa (Sep 7, 2009)

windowseater said:


> Hello everybody,
> 
> This is my first posting on this forum - hopefully some of you may help out with some advice on the question I have.
> 
> ...


Easiest for you is to wait until you are in UK for 5 years and apply for settlement by same-day premium service. There is a wait time of 6 weeks for an appointment so apply early. Then once you get ILR, you are free to work on in UK or take your assignment in US and can still return to UK as resident within 2 years.


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## windowseater (Mar 27, 2012)

Joppa said:


> Easiest for you is to wait until you are in UK for 5 years and apply for settlement by same-day premium service. There is a wait time of 6 weeks for an appointment so apply early. Then once you get ILR, you are free to work on in UK or take your assignment in US and can still return to UK as resident within 2 years.


Thanks for the reply Joppa!

I have considered that option - my mistake, didn't mention it in my opening question - but cannot go for an ILR as I've spent a 6-month period outside the UK which was 4 years ago, again on company business as an assignment. So on the grounds of being outside the UK for more than 90 days, even on legit company requirement, this falls straight into the refusal category.

Having spoken to a couple of lawyers on the ILR route, I have been told that it is a complex case and chances are very low.

Given the context above, I'm pursuing the Tier 2 option, which is the preamble for my original post.

Hopefully this background helps!

Regards,

windowseater


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