Immigrationboards.com

Hello Everyone,

Need your help on my ILR eligibility date and the documents needed to show for 3 months compassionate leave.
I have worked under two different employers so I have two sponsorship's and the valid dates as below.
Tier 2 General Visa - 1st Employer:
Entry Clearance Valid From: 15-03-2015 till 14-04-2017
Landed UK on : 31-03-2015

Tier 2 General Visa - 2nd Employer:

Tier 2 Priority Visa application submitted on 11-04-2017
BRP Issue date : 24-04-2017
BRP Valid Until : 14-05-2020

Under my current employer I took 3 months unpaid leave due to my kids Surgery and medical condition from 02-01-2018 to 30-03-2018.
However I haven't travelled outside of the UK as the surgery happened in NHS UK.
Below are my queries.
a) What is my eligibility date for applying ILR? Will my 3 months compassionate continuous leave affect my ILR application date?
b) What are the documents I need to submit for the 3 months Unpaid Leave while submitting ILR?
c) "323AA Prohibited changes to employment for Tier2 Migrants" from the below grounds of refusal link states unpaid leave shouldn’t exceed 4 weeks. Is this document valid in which case will I be still eligible for ILR on March 2020?

https://www.gov.uk/guidance/immigration ... or-refusal

Thank you
Regards
Kumar

Unpaid leave for more than 4 week in total is prohibited under Tier 2 rules. So your ILR will be affected

Hi Zimba,

Thanks for your reply.
It would be great if you could let me know if this will be a reason to refuse my ilr? Because this is an authorised compassionate leave and the home office was informed about it by my employer. Also the surgery was done for 6 months baby. So will I be able to submit evidence for all these and get ilr approved in any way ?

Thanks

The sponsor guidance requires the employer to stop sponsoring you if you take such an unpaid leave so the reporting essentially means that you are not sponsored anymore and must make a new Tier 2 application if you return.

Migrants sponsored under Tier 2 or Tier 5 (Temporary Worker) can take short
periods of unpaid leave but you must stop sponsoring a migrant who is absent
from work without pay for 4 weeks or more in total in any calendar year. The
only exceptions to this are where the unpaid absence is for one or more of the
following reasons:
• statutory maternity leave
• statutory paternity leave
• statutory parental leave
• statutory shared parental leave
• statutory adoption leave
• sick leave
• assisting with a national or international humanitarian or environmental
crisis overseas, provided you agreed to the absence for that purpose
• taking part in strike action as part of a legally organised industrial action

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

Hi Zimba,

Thanks a lot for your reply.

Thank you
Regards
SK