Effect of authorised unpaid leaves affect the ILR application

[avju31]

Hi Everyone

I am planning to apply for my ILR in a next few days.
During the starting period of my first Tier 2 General Visa, I have taken a few days of unpaid leave approved by my employer to fly back to my home country to see my family,
The corresponding dates are as shown below,

21/05/2018 - 19/06/2018 - has a total of 22 working days(approved unpaid leave)

In this, the actual dates I was out of the UK (Travel dates) are show below,

03/06/2018 - 18/06/2018 - has a total of 12 working days(approved unpaid leave)

So, I have a total of 22 days of unpaid leaves in which I was out of the UK for 12 working days.

1. I need a clarity on, if this gap could create any issue in my Indefinite Leave to Remain application or not?

2. The letter from the employer needs to support the dates I was actually away from the UK right? - as the required Docs for the ILR application suggests. If the letter doesn't state any dates, it'll generally mean that all those days mentioned above will be my unpaid leaves, in that case the total will be 22 days of unpaid leaves - this increases my concern.


I did go through the following,

Page 11 -
https://assets.publishing.service.gov.u ... 2.0ext.pdf

https://assets.publishing.service.gov.u ... 3_v1.0.pdf

- The second link, page 32 states that,
I can have a maximum of 4 weeks of unpaid leave, which mean in a 5 days per week working pattern, it should be 20 days of unpaid leaves max, in this case I have 22 days of unpaid leave,

3. Will this be an issue in my ILR application?



Any guidance would be of great help, Thank you!

[zimba]

The first guide you linked does not apply to the skilled worker route. This is very clear in that guide. The other guide you linked does not provide any info on this issue. Here is what the relevant sponsor guide says on this issue:

Absence without pay or on reduced pay
SK8.1. You must normally stop sponsoring a worker if they are absent from work without pay, or absent on reduced pay, for more than 4 weeks in total according to their normal working pattern, during any calendar year (1 January to 31 December), unless the absences are due to any of the following:

• statutory maternity, paternity, parental, shared parental or adoption leave
• sick leave
• assisting with a national or international humanitarian or environmental crisis, with your agreement
• taking part in legally organised industrial action
• jury service
• attending court as a witness

Guide: https://assets.publishing.service.gov.u ... 3_v1.0.pdf

Your sponsor is normally expected to stop sponsoring you if you go on unpaid leave beyond 4 weeks in a year as you can see. Assuming your sponsor did not do that, I'd say you should not lose sleep on it. The employer letter simply needs to say the absences were approved by them.

See: indefinite-leave-to-remain/ilr-question ... l#p2090242

[avju31]

Hi @ZImba

Thanks for the Clarity!
This is my understanding too, thanks for confirming this.

I think that is what the second guide I posted also says in page 32 , probably I didn't cite it properly.

GUIDE : https://assets.publishing.service.gov.u ... 3_v1.0.pdf

Below is what it says too,

Absence from work without pay or on reduced pay
S4.20. Unless an valid exception reason applies, you must normally stop sponsoring
a worker who is absent from their sponsored work without pay, or is absent
on reduced pay, for more than 4 weeks in total during either:
• if the worker is a Scale-up Worker, the period you have sponsorship
responsibility for that worker
• in all other cases, in any calendar year (1 January to 31 December)
S4.21. This applies whether the worker is absent from work for a single period of
more than 4 weeks, or if they have a number of absences which cumulatively
total more than 4 weeks.
S4.22. The 4 weeks is calculated according to the sponsored worker’s normal
working pattern. For example, if the worker normally works 5 days per week,
this would be 20 working days (5 (days) x 4 (weeks)). If they normally work 3
days per week, this would be 12 working days (3 (days) x 4 (weeks)).
S4.23. If a worker has been, or will be, absent from work without pay, or on reduced
pay, for more than 4 weeks in total (as defined above), you must either:
• stop sponsoring the worker and report this via your SMS account

This also gives a clarity on the working pattern to calculate what the 4 weeks would mean in a specific work pattern.


Thanks again for the information, appreciate it!

[zimba]

That is for sponsors to act on. If your sponsor did not stop sponsoring you then there is no effect on your visa unless UKVI somehow objects

[avju31]

Agreed, thanks for the clarity, I understand better now!

On a different note,

1. I've requested for a letter from my previous employer with whom the above mentioned unpaid leave scenario happened, its been a while and I haven't heard from them yet, I'm planning to submit my application by tomorrow. Will it be an issue submitting my application / Going through the ILR process without this one letter? any idea on how this could affect my application?

2. is there any thing else I can submit, like a letter from myside or something?

Any guidance on this please?

Thanks

[zimba]

You do not need a letter from previous employers. Did you read the links I posted above ??

[avju31]

Yes, I did go through the immigrationboard link, you've mentioned the below,

"No need to get any letters from the previous sponsor anymore. The online system will tell you what docs to send"

In my case, while filling the application, one of the requirements on the required docs to be submitted is,

Other Documents : Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for Mr X

Doesn't this include the previous employers too as some of the absences(travels out of UK) are inline with the previous employers?

[avju31]

I chose above option for the below question as that was the more relevant one,

What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?

Since it has asked for all the absences is what making me ask this question.

[zimba]

The online system provides a generic document list that may be inaccurate. In fact that list has not changed since the rules were changed from the old Tier 2 to the skilled worker route. Your application is subject to immigration rules. You are being advised based on immigration rules in place.

[avju31]

Thanks, it makes sense!

Can you please point me to the guide where it says that the support letter only from the current employer is what is required and not from any of the previous Sponsors/employers please?

Couldn't find it in the link that you've posted in the below post,

indefinite-leave-to-remain/ilr-question ... l#p2090242

https://assets.publishing.service.gov.u ... worker.pdf



Thanks

[zimba]

The rules require a letter from your sponsor, hence nothing from your previous sponsors is needed. The rules used to require that under Tier 2 rules only but it was removed after rule changes to the skilled worker route

[avju31]

Perfect!

Thanks for helping me out!
I've submitted my application without any absence letters from my previous employers. Will give an update here once I go through my appointment and get an outcome.

Cheers!

[avju31]

Hello

Good news, Got my ILR approved, thought of updating here, so that It'll be helpful for others too.

Thanks for all the support Zimba.

I also did send my query to the home office (Public.Enquiries@homeoffice.gov.uk), regarding the above, they did take a while, but did send me a guidance doc for the same, which I think I got it online and from here too.
Below is the guidance doc :
https://assets.publishing.service.gov.u ... t_2022.pdf

Good Luck Everyone!

Thanks

[AmazonianX]

Hello

Good news, Got my ILR approved, thought of updating here, so that It'll be helpful for others too.

Thanks for all the support Zimba.

I also did send my query to the home office (Public.Enquiries@homeoffice.gov.uk), regarding the above, they did take a while, but did send me a guidance doc for the same, which I think I got it online and from here too.
Below is the guidance doc :
https://assets.publishing.service.gov.u ... t_2022.pdf

Good Luck Everyone!

Thanks

Congratulations