ILR under Tier 2 Gen route-Sick leave out of UK

Hi Board Members,

Firstly thank you for all the contributors on this board.

Here is my immigration history.

Entered UK in 2009 as student and switched to PSW in 2010.

Then I switched from PSW visa to Tier2 General within UK in 2013(Jan).

I was with 2 employers[including current employer].

Emp-1 Jan 2013 to 24 Jan 2016
Emp-2 22 Jan 2016 to 06 Feb 2019

Had less than 180 [including weekends] leaves outside UK.

Now I think I will be qualifying to apply ILR in December under 5 year route (i.e 28 days before the issue date)

I have few doubts (around payroll start date and Absences out of UK), that I want to clear before making my ILR application.

1st issue:-
I got my 1st Tier 2 General stamping in UK Jan 2013 to Jan 2016( switched from PSW). But my 1st payroll was actully run for Mar 2013(Received pay 0n 1st April).
Question :-
Am I eligible to apply ILR in December or do I need to wait till February?

2nd Issue:- At the end of my 1st Tier 2 General leave to remain I changed employer with out any gap in employment.
During my Interview/accepting offer from 2nd employer I requested to take a week paid leave in 1week of February to attend brother’s wedding. My employer didn't agree to give paid leave at start of employment, but agreed to go on unpaid leave. Then I joined 2nd employer on 22nd January 2016 worked for 1week and then went on holiday (out of UK) 1st Feb 2016. When I was on holiday I fell sick and doctor suggested me to take rest for 4 weeks. I was on medication all this days and it really took 45 days to completely recover and back to normal condition. So I was totally unpaid and sick for 53 days (out of UK).
Good thing is I was in touch with my employer and they were equally supporting me to get better. I submitted medical certificate for 4 weeks and then fit to work certificate once I reached UK.
Question1: will this have any impact on my ILR application if I call this as sick leave/ unpaid on my SET(o) form?
Question2: If I request from my employer to provide letter saying that I was away on Business trip + Annual Leave for this period. Can I submit letter stating this reason?
Question3: Do caseworker check all payslips for 5 years?
Question4: Could you please suggest me the best option to cover this 55 days unpaid leave.

Holidays last 5 years:-
From--------------------- To ------Days
25/05/2013 ---------- 19/06/2013 --- 25
13/04/2014 ---------- 17/05/2014 --- 34
11/03/2015 ---------- 26/03/2015 --- 15
01/02/2016 ---------- 27/03/2016 --- 55
18/09/2016 ---------- 02/10/2016 --- 14
10/03/2017 ---------- 28/03/2017 --- 18
02/04/2017 ---------- 12/04/2017---- 10
Total: 169

Please can anyone provide some advice?

Stick to this thread and do NOT start a new post

Please can anyone advise?

Thanks in advance.

Seems like no lead to answer this...

Admin can I close and add new post for the same?

Bump...

Am I eligible to apply ILR in December or do I need to wait till February?
Am I eligible to apply ILR in December or do I need to wait till February?

28 days before completing 5 years. That is December for you

Question1: will this have any impact on my ILR application if I call this as sick leave/ unpaid on my SET(o) form?
Question2: If I request from my employer to provide letter saying that I was away on Business trip + Annual Leave for this period. Can I submit letter stating this reason?

You simply need to provide employer letter for any absence

Question3: Do caseworker check all payslips for 5 years?

No

Question4: Could you please suggest me the best option to cover this 55 days unpaid leave.

Case worker will not check the payslips for all the period of 5 years

Thanks for reply @zimba88...

All my 55 leaves out of UK are unpaid... do you still think employer letter is enough to cover this?

It should be. There is no need to mention unpaid leave. It just have to be leave approved by the employer

zimba88 wrote: ↑

Mon Nov 13, 2017 7:58 pm

It should be. There is no need to mention unpaid leave. It just have to be leave approved by the employer

Thanks again zimba88...

If I get the below format approved that should do right?


To whom it may concern:

We confirm that ***** was employed by ****** in United Kingdom from ***** to *****. Her position was ********** and she was employed on a permanent full-time basis.

We can confirm that ******* has had *** periods of leave, taken outside the U.K., while in our employment . All leaves taken were in line with annual entitlement as detailed below:

From. To. Reason
****. ******. Annual Holiday & Sick Leave

If you require any further information please do not hesitate to contact me.

The letter should also say that they need you for an unforeseeable future