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Tier 2 Visa - Unpaid Leave “URGENT”

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

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Black Panther
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Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Mon Dec 16, 2019 10:52 pm

Hi,

I’m hoping to get urgent help. I’m currently on tier 2 (General) visa which is valid until 2021. 9 months ago I had 11 weeks off work as unpaid leave to care for my severely ill mother who cam from abroad for medical treatment. Now my employer told me that they are going to terminate my contract and revoke my sponsorship as I have breached my visa conditions. Can you please advice on what my options are (if any) and will I be able to apply for a new tier 2 visa or will this be refused by the Home Office?!
Looking forward for a reply asap!!

srsw
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by srsw » Tue Dec 17, 2019 7:07 pm

Did you take unpaid leave without employer authorisation? Also, they should've reported back then, so why are they suddenly terminating contract?

I'm not sure about your options now, but I think as long as you get a new sponsor, you may be able to extend your stay with new tier 2 visa. But wait for other experienced members to comment on this.

Here's what the UKVI sponsor guidance says:

Reductions in salary

26.20 If you decide to cut a migrant’s salary package to a lower rate than you stated
on their CoS, such as, if the allowances offered have changed, the new rate
that you pay to them must meet the current appropriate rate requirements.

26.21 If the new rate is below the appropriate rate, you cannot continue to sponsor
them and you must report this to us using your sponsor management system
(SMS) account.

26.22 There is an exception to this rule if the migrant is undertaking professional
examinations to assess whether their skills meet UK standards before starting
work for you, where the passing of such examinations is a regulatory
requirement for the job the migrant will be sponsored to do, for example,
where they are taking OSCE or PLAB tests.

26.23 The only other exceptions to this rule are:
• where the reduction is due to the migrant taking a period of:
o maternity leave
o paternity leave
o shared parental leave
o adoption leave
• long-term sick leave for more than one continuous calendar month
• where a migrant is taking unpaid leave with your agreement to assist in a
national or international humanitarian or environmental crisis - this limited
concession will enable you to continue sponsoring the migrant for up to 6
months of unpaid leave per year, you should use the SMS as usual to tell
us of the changes
• in the case of a Tier 2 (ICT) migrant, where the reduction is due to them not
being physically present in the UK

26.24 You must not continue to sponsor a migrant who is absent from work without
pay for 4 weeks or more in total. The only exceptions to this are the reasons
listed in paragraph 26.23 above, or where the migrant is taking part in strike
action as part of legally organised industrial action.

26.25 Where you are required to stop sponsoring a migrant who has been absent
from work without pay for 4 weeks or more, you must report this using your
SMS account. This applies whether the migrant is absent from work over a
single period or more than one period during any calendar year (1 January to
31 December). The 4 weeks is worked out according to the migrant’s normal
working pattern.
An example of this is if the migrant works 3 days per week (3 days x 4 weeks),
it would be 12 working days.

26.26 If a sponsored migrant wishes to take a longer period of other unpaid leave, such as a sabbatical, you must stop sponsoring them and report this using
your SMS account.
26.27 If the migrant was granted leave under Tier 2 (General) as a ‘high earner’ and
the reduction in salary takes them below the high earner threshold, the migrant
must make a new application for leave.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Tue Dec 17, 2019 9:18 pm

Thanks for your reply. Yes the unpaid leave was authorized by my employer and I’ve got the authorization correspondence in email though I’m not sure if that will mean anything to the Home Office.

Any other thoughts anyone?!

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Thu Dec 19, 2019 4:42 pm

Looking forward for replies!!

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CR001
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by CR001 » Fri Dec 20, 2019 1:30 pm

There should be no issue if you apply for a new tier 2 with a new sponsor.

The absence might, however, be an issue for ILR.
Char (CR001 not Casa)
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Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Sat Dec 21, 2019 2:06 pm

Thanks for your helpful reply. Can you please explain how this may affect ILR?!

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Fri Dec 27, 2019 10:54 pm

Would the fact that the unpaid leave dropped my salary below the required threshold have any impact on obtaining a new visa?!

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Djsuccess
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Djsuccess » Sat Dec 28, 2019 1:57 am

Black Panther wrote:
Sat Dec 21, 2019 2:06 pm
Thanks for your helpful reply. Can you please explain how this may affect ILR?!
The 11 weeks unpaid leave would have created a gap in your tax and NI record
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.

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Sun Dec 29, 2019 12:05 pm

Thanks for your reply. Would this gap mean that my visa application will be refused?! Is there any way to fix this?!

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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Djsuccess » Sun Dec 29, 2019 11:38 pm

Black Panther wrote:
Sun Dec 29, 2019 12:05 pm
Thanks for your reply. Would this gap mean that my visa application will be refused?! Is there any way to fix this?!
Is this your first Tier 2 Visa? I will suggest you take it one step at a time. Get a new sponsor, get another Tier 2 visa and you can think of ILR later.
As things stand you cannot pay tax on the money you didn't earn.
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.

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Tue Dec 31, 2019 7:39 pm

Thanks for your reply. Just completed 2 years on tier 2. If I’m able to secure a new sponsor, will the application be straightforward or will I need a lawyer?!
Since me and my dependent are already in UK, will we need to prove maintenance funds again?!

srsw
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by srsw » Tue Dec 31, 2019 7:59 pm

It should be straight forward.

Get your new sponsor to certify maintenance in CoS so you don't need to prove maintenance again. If they can't, then you need to show maintenance.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Wed Jan 01, 2020 10:50 am

If I managed to apply and fast track my application before receiving curtailment letter, would this prevent my dependents visas from being curtailed and this way I’ll make only one application at this stage?!

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Djsuccess
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Djsuccess » Wed Jan 01, 2020 9:03 pm

Black Panther wrote:
Wed Jan 01, 2020 10:50 am
If I managed to apply and fast track my application before receiving curtailment letter, would this prevent my dependents visas from being curtailed and this way I’ll make only one application at this stage?!
What do you mean by make only one application? Given that your sponsor is not willing to continue soonsoring you, if you get a new sponsor, you will need to make another application for 3 years,which will take you to the 5 years requirement for ILR. However, given this 11 weeks gap of unpaid leave, you might want to have 5 years of clear tax record before applying for ILR.
Again, don't worry yourself so much about ILR now, your priority is getting a new sponsor and securing a new visa.
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.

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Thu Jan 02, 2020 8:49 am

Thanks for your reply. What I meant by one application is applying for a new sponsor only by myself without my dependents. Would this be sufficient to prevent their visas being curtailed and that way they can continue on their current visas, or will we all (me & my dependents) have to apply for new visas?!

Black Panther
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Black Panther » Tue Jan 14, 2020 9:25 pm

Looking for a reply. Also, will I need to submit a cover letter explaining my circumstances and evidence of unpaid leave approval with my visa application?
Thanks!

Botman
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Botman » Wed Jan 15, 2020 3:45 pm

@djsuccess

Hi. Would there still be problems with ILR if i have a 4 month employment gap between jobs, all the while holding a valid tier 2 visa. Because as you stated this would create a gap in tax/NI payment.
How it happened was i got a job and obtained a valid visa but it was withdrawn, then I got another job before curtailment of leave and obtained a valid visa.

If this employment gap is a legit issue for ILR, won’t my visa application for new job been rejected?

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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by CR001 » Wed Jan 15, 2020 3:47 pm

Botman wrote:
Wed Jan 15, 2020 3:45 pm
@djsuccess

Hi. Would there still be problems with ILR if i have a 4 month employment gap between jobs, all the while holding a valid tier 2 visa. Because as you stated this would create a gap in tax/NI payment.
How it happened was i got a job and obtained a valid visa but it was withdrawn, then I got another job before curtailment of leave and obtained a valid visa.

If this employment gap is a legit issue for ILR, won’t my visa application for new job been rejected?
You should post in your own topic please. It is unfair to other users to tag onto their topics.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Botman
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Botman » Wed Jan 15, 2020 4:00 pm

Sure. Although i think it is more efficient to post under a thread where a similar/related discussion is already happening. Who knows it might give the OP some new insight or solve their issue too 😀

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CR001
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by CR001 » Wed Jan 15, 2020 4:04 pm

Botman wrote:
Wed Jan 15, 2020 4:00 pm
Sure. Although i think it is more efficient to post under a thread where a similar/related discussion is already happening. Who knows it might give the OP some new insight or solve their issue too 😀
No it is not. It is considered unfair to all members and creates confusion. Please see the top 25 FAQs link below, specifically point 12! Note also that employment gap has nothing to do with the OPs circumstances of long term unpaid leave. They are two completely different issues.

announcements/read-me-getting-started-t ... 24804.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Botman
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Re: Tier 2 Visa - Unpaid Leave “URGENT”

Post by Botman » Sat Jan 18, 2020 4:30 pm

That makes sense. I would be careful in the future. Thanks for the rules link.

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