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Does Sick Leave while on Tier 2 affect Date Due for ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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2018Wealthy
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Does Sick Leave while on Tier 2 affect Date Due for ILR

Post by 2018Wealthy » Thu Apr 05, 2018 3:10 pm

Hello everyone,

I had surgery in the UK just under a year ago and was signed off work for 6 weeks. I had to go on Sick Pay for the duration.

Would this affect/extend the time I am eligible to apply for Permanent Residence? I am due in July 2018. Do I need to give it another 6 weeks before I can apply?

Thank you.

2018Wealthy
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Posts: 17
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Re: Does Sick Leave while on Tier 2 affect Date Due for ILR

Post by 2018Wealthy » Fri Apr 06, 2018 9:34 am

Hi,

Is there anyone who can help with this please?

2018Wealthy
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Penalty Points on Driving License

Post by 2018Wealthy » Fri Apr 06, 2018 12:33 pm

Hello everyone

Would 6 penalty points on driving licence affect ILR Application Decision?

Thank you

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Djsuccess
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Re: Does Sick Leave while on Tier 2 affect Date Due for ILR

Post by Djsuccess » Sat Apr 07, 2018 9:58 pm

2018Wealthy wrote:
Thu Apr 05, 2018 3:10 pm
Hello everyone,

I had surgery in the UK just under a year ago and was signed off work for 6 weeks. I had to go on Sick Pay for the duration.

Would this affect/extend the time I am eligible to apply for Permanent Residence? I am due in July 2018. Do I need to give it another 6 weeks before I can apply?

Thank you.
This shouldn't affect your eligibility for ILR, because you remained employed to your sponsor while on sick leave. You didn't break your continuity. And your sick leave was approved by your sponsor. The only issue might be that you were on sick pay for 6 weeks during which you earned lower than you would normally. I believe that your sponsor should have reported this to the UKVI through the SMS as it was a significant change in circumstances. Although your HMRC record will show that you were on sick pay, it might be a good idea for your sponsor to also mention it in a cover letter when you apply for ILR. (Maybe I am just overthinking the issue).
I guess you will get more input from others in the forum.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Djsuccess
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Re: Penalty Points on Driving License

Post by Djsuccess » Sat Apr 07, 2018 10:07 pm

2018Wealthy wrote:
Fri Apr 06, 2018 12:33 pm
Hello everyone

Would 6 penalty points on driving licence affect ILR Application Decision?

Thank you
If asked in the application form, then you have to declare it. Having 6 penalty points itself shouldn't affect your ILR as long as the penalties don't give an indication of being a habitual offender.
By the way, when did you get the points? was it through a single offence or was it by accumulation?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

2018Wealthy
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Posts: 17
Joined: Tue Feb 06, 2018 3:39 pm
Nigeria

Re: Does Sick Leave while on Tier 2 affect Date Due for ILR

Post by 2018Wealthy » Mon Apr 09, 2018 3:46 pm

Hi,
Thanks for coming back to me. They were on 2 separate offences. the first was in 2014 and expired last year. Its removal date is in a couple of months, just before i am due to apply for ILR.

Regarding the sick pay, it was actually only 3 and a half weeks as though i was signed of for 6 weeks, i used annual leave for one week, and my employer paid me full pay for another week. I also then returned to work in the 6th week, working part time.

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