Unpaid leaves affecting ILR - Skilled Worker Visa Primary

chatgpt · Post by **chatgpt** » Fri Oct 20, 2023 5:21 pm

Hi,
I am on a Skilled Worker Visa and have been made redundant. Assuming the curtailment letter arrives in December 2023, till what date can I switch to a new sponsored job such that it does not affect my ILR?
Eg:
1) Made redundant on 20th Oct 2023.
2) Received curtailment letter on 20th Dec, 2023
3) Last day in the UK as per curtailment letter: 20th Feb 2023

If I get a new job and apply for a new skilled worker visa on 10th Feb 2023, will it reset my time in the UK? Assuming I have been unemployed since 20th Oct 2023.

Post by **CR001** » Fri Oct 20, 2023 5:46 pm

Curtailment letters take a while to get sent out, it isnt usually that quick, unless you leave the uk.

You have 60 days from the date of the letter receipt.

No, the clock doesnt reset!

chatgpt · Post by **chatgpt** » Fri Oct 20, 2023 5:59 pm

Thank you for your reply.
1) Do we get the curtailment letter by email or post or both?
2) What is the current average time taken to receive the curtailment letter after the last date of employment?

Post by **AmazonianX** » Fri Oct 20, 2023 10:53 pm

chatgpt wrote: ↑
Fri Oct 20, 2023 5:59 pm
Thank you for your reply.
1) Do we get the curtailment letter by email or post or both? Usually by post in past.
2) What is the current average time taken to receive the curtailment letter after the last date of employment? This is unknown as cannot be trended due to infrequent occurrence.

chatgpt · Post by **chatgpt** » Wed Oct 25, 2023 11:37 am

Hi!
Q1) How many weeks of unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?
Q2) How many weeks of SICK unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?

Post by **secret.simon** » Wed Oct 25, 2023 12:08 pm

Will you be traveling outside the UK or will you be remaining in the UK while on sick/unpaid leave?

chatgpt · Post by **chatgpt** » Wed Oct 25, 2023 12:10 pm

Remaining in the UK. Not travelling outside the UK.

Post by **zimba** » Wed Oct 25, 2023 12:38 pm

chatgpt wrote: ↑
Wed Oct 25, 2023 11:37 am
Hi!
Q1) How many weeks of unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?
Q2) How many weeks of SICK unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?

Under the rules, no limits are imposed in general. Only absences from the UK can become a problem. However, as per sponsor duties, they are required to stop sponsoring you if you take more than 4 weeks of unpaid leave

chatgpt · Post by **chatgpt** » Wed Oct 25, 2023 2:05 pm

Thank you!

chatgpt · Post by **chatgpt** » Wed Nov 01, 2023 8:51 am

@Zimba: I read in one of the other posts that if we are in the UK, then SICK leaves are not counted towards the 4-week limit. Is that true?
indefinite-leave-to-remain/impact-of-si ... l#p1848687

Post by **zimba** » Wed Nov 01, 2023 12:04 pm

chatgpt wrote: ↑
Wed Nov 01, 2023 8:51 am
Zimba: I read in one of the other posts that if we are in the UK, then SICK leaves are not counted towards the 4-week limit. Is that true?
indefinite-leave-to-remain/impact-of-si ... l#p1848687

Sick leave is treated differently

chatgpt · Post by **chatgpt** » Wed Nov 01, 2023 12:11 pm

So, sick unpaid leaves can be taken for more than 4 weeks and it won't affect ILR/BC application?

Post by **zimba** » Wed Nov 01, 2023 12:25 pm

chatgpt wrote: ↑
Wed Nov 01, 2023 12:11 pm
So, sick unpaid leaves can be taken for more than 4 weeks and it won't affect ILR/BC application?

As I pointed out, this is part of the sponsor's duties NOT the rules. The sponsor must stop sponsoring you if you take 4 weeks of unpaid leave but not if that period was taken as sick leave. This is ALL up to the sponsor to act. If they decide to stop sponsoring you then you cannot get ILR. The rules do NOT impose any restrictions on their own, so if your sponsor does not stop sponsoring your ILR should not be affected. This is different from failing a given requirement under the rules

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