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Can someone provide clarification on absence?

Posted: Wed Jan 23, 2013 1:24 pm
by sysy01
Hi

I am on Tier 2 General visa and planning to take a long holiday (about 3 months). I want to find out if I will still meet the requirement for settlement.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.

Does this mean I can be out of the UK for any reason if less than 180 days, but if it is more than 180 days they have to be work related?
or

I cannot be outside of the UK unless is work related, and even it is work related it cannot be more than 180 days?

I am planning to use all my paid annual leave plus unpaid leave to go back to my home country.

Do I need letter from employer to show I take unpaid leave and will not receive income during that time? Can I still qualify if I don't receive income?

Thank you very much in advance :D

Re: Can someone provide clarification on absence?

Posted: Wed Jan 23, 2013 3:26 pm
by uksettlement
sysy01 wrote:Hi

I am on Tier 2 General visa and planning to take a long holiday (about 3 months). I want to find out if I will still meet the requirement for settlement.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.

Does this mean I can be out of the UK for any reason if less than 180 days, but if it is more than 180 days they have to be work related?

Yes but if more than 180 days....It means absence have to be work related or non work related. However, if they are work related then you need letter from your employer and if t was for serious or compelling reasons then you have to provide a letter.

or

I cannot be outside of the UK unless is work related, and even it is work related it cannot be more than 180 days?

Yes

I am planning to use all my paid annual leave plus unpaid leave to go back to my home country.

Do I need letter from employer to show I take unpaid leave and will not receive income during that time? Can I still qualify if I don't receive income?

Not needed if you are within 180 days every year.

Thank you very much in advance :D

Posted: Thu Jan 24, 2013 10:40 am
by sysy01
thank you for your reply

Posted: Thu Feb 07, 2013 10:59 am
by sysy01
Just found out Tier 2 General is not allowed to take unpaid leave in excess of one month

http://www.immigrationboards.com/viewto ... 216#779216