Do I need to Live in UK for Extension and Continuous Absence

1

Hi,
My visa was granted in Jun-2022, however due to some work related reasons I was absent from UK from Aug-2022 to Oct-2024. I have just moved back to UK and will be applying for Global Talent extension in Apr/May 2025.

I have earned money in expert field and my endorsement is still valid.

However I have just applied for eVisa and I saw a message following on the screen.

Continuous Absence: If you remain outside the UK for a continuous period of more than 2 years, your permission will normally lapse if it has not yet expired and you will have to apply for a new visa.

However when I came to UK on 29-Oct-2024, Immigration officer said your visa is valid until Jun-2025.

So I am confused, in my case I have been absent from UK for more than 2 years.

Will this impact the extension!

2

This is a very specific question, I would contact UKVI as soon as possible with this.
I can find with wording that I think applies to your case but I’m not an immigration lawyer Lapsing leave and returning residents (accessible) - GOV.UK

Lapsed temporary leave
The leave of a person whose stay in the UK is subject to a time limit will lapse on them:

  • going to a country or territory outside the common travel area if the leave was given for a period of 6 months or less or conferred by a visit visa
  • remaining outside the UK for a continuous period of more than 2 years (where that leave has not already expired)
    A person whose temporary leave has lapsed cannot apply to resume that leave as a returning resident, or return using that leave which would still have been valid, had it not lapsed.
3

Hi,
My only thing here is that this condition was not shown anywhere on the site or visa documents we get when we get the visa.

Lapsing leave and returning residents (accessible) - GOV.UK this document itself is published on 26-Sep-2024

My question is that they are writing that you will have to apply for new visa, does this mean extension or new application.

If anyone can help here, I am right now in UK n not sure if visa is valid or expired.

4

Hi @CC_SS Like @hsafra has recommended this forum is mainly for application guidance of GTV, it is best to reach out to an immigration lawyer who is more professionally equipped to guide you on this.

5

Have you tried doing a right to work check using your current BRP ? And right to rent? See what comes up with that.

6

Hi,
Yes I have checked that, it says You can work and Rent in UK until Jun 2025.

I have tried doing the extension application, My question is that, when I apply for extension, it is not asking the time in UK related question.

Should I go ahead and apply for extension in May 2025 when my visa is about to end.

7

The wording on the visa page says

“Continuous Absence: If you remain outside the UK for a continuous period of more than 2 years, your permission will normally lapse if it has not yet expired and you will have to apply for a new visa.”

Incase I have to reapply for the visa, can technation re-issue the endorsement with the fresh date?

Any help will be really helpful, I have already registered my company and started doing the business in UK.

8

I as use you consult an immigration lawyer. If it is asking for a new visa then you may be unable to apply for extension. You can.cintsct the home office help line

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