Tier 2 related ILR - 7 week unpaid leave

moonlight0 · Post by **moonlight0** » Sat Jan 06, 2018 12:36 am

Good evening everyone.
I need some advise on my ILR application please. I have completed 5 years on Tier 2 visa in Jan 2018 with the same employer. I was all prepared to apply for ILR using this route until I read that unpaid leaves during these 5 years might create problems for me. I had taken 5 weeks of paid annual leave in May - June 2013 for wedding. After marriage I applied for my wife's visa as dependent from India but this was refused as we did not provide enough evidence. As I had used up all my paid leave I had to take 7 weeks of unpaid leave (Nov to Dec 2013) which was authorised by my employer so I could spend time with my wife and appeal the decision etc. I was not aware that this might be a problem in future at that time. I came back to UK in Dec and carried on working as normal and also successfully extended my tier 2 visa. My total absence from UK in that year was still less than 180 days. My wife's visa was later approved in appeal and she came to UK in 2014
Now that I have completed my 5 years on Tier 2 I am ready to apply for ILR. I am worried if those 7 weeks f unpaid leave will be a problem for my continuous stay. If I get a letter from my employer that all my absences from UK were authorised by my employer would it be sufficient. Does my employer have to specifically say how many were paid annual leaves and how many unpaid? Also can My manager write this letter or it has to be the Human resources department only. As the HR dept always have been providing me letters before including certificate of sponsorship.
Please suggest if I should still apply using tier 2 based ILR or should I apply through 10 year long residence as I meet both. Am i right in thinking that I would not be expected to produce any letters of absence from my employer if i apply using 10 year route. I have been a student for 3 years, 2 years post study visa and 5 years Tier 2. Current leave is valid till November 2018.
Please help me out as I cant take any risks as have 2 dependent now. Thank you for your advice in advance.

moonlight0 · Post by **moonlight0** » Tue Jan 09, 2018 6:56 pm

Can please some one reply. Thank you

autumnchocolate · Post by **autumnchocolate** » Wed Mar 07, 2018 2:08 am

Hi Dear,

Have you got the answer or visa result already? I have same situation as you, unpaid leave exceed 4 weeks. appointment is next week so worried.

recar · Post by **recar** » Wed May 09, 2018 6:55 pm

Hi, how did both of your applications go ? did they ask about the unpaid absences ?

Djsuccess · Post by **Djsuccess** » Thu May 10, 2018 12:38 am

moonlight0 wrote: ↑
Sat Jan 06, 2018 12:36 am
Good evening everyone.
I need some advise on my ILR application please. I have completed 5 years on Tier 2 visa in Jan 2018 with the same employer. I was all prepared to apply for ILR using this route until I read that unpaid leaves during these 5 years might create problems for me. I had taken 5 weeks of paid annual leave in May - June 2013 for wedding. After marriage I applied for my wife's visa as dependent from India but this was refused as we did not provide enough evidence. As I had used up all my paid leave I had to take 7 weeks of unpaid leave (Nov to Dec 2013) which was authorised by my employer so I could spend time with my wife and appeal the decision etc. I was not aware that this might be a problem in future at that time. I came back to UK in Dec and carried on working as normal and also successfully extended my tier 2 visa. My total absence from UK in that year was still less than 180 days. My wife's visa was later approved in appeal and she came to UK in 2014
Now that I have completed my 5 years on Tier 2 I am ready to apply for ILR. I am worried if those 7 weeks f unpaid leave will be a problem for my continuous stay. If I get a letter from my employer that all my absences from UK were authorised by my employer would it be sufficient. Does my employer have to specifically say how many were paid annual leaves and how many unpaid? Also can My manager write this letter or it has to be the Human resources department only. As the HR dept always have been providing me letters before including certificate of sponsorship.
Please suggest if I should still apply using tier 2 based ILR or should I apply through 10 year long residence as I meet both. Am i right in thinking that I would not be expected to produce any letters of absence from my employer if i apply using 10 year route. I have been a student for 3 years, 2 years post study visa and 5 years Tier 2. Current leave is valid till November 2018.
Please help me out as I cant take any risks as have 2 dependent now. Thank you for your advice in advance.

The issue with such a long unpaid leave is that it might affect your sponsor. 7 weeks unpaid leave is a significant change in situation that should have been reported. If your employers did not report it then, it shows they have failed to perform their sponsor duties.

Yes, your sponsor can give you a letter confirming all your absences and they have to specify those that are paid and those that are not. They can provide additional information about the 7 weeks unpaid leave as family issues. But in my opinion, I don't think UKVI will accept the excuse as critical. YOUr 7 weeks unpaid leave cost the government the tax you should have paid.