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ILR Application Queries for NHS doctor

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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lancsmedic
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ILR Application Queries for NHS doctor

Post by lancsmedic » Sat Apr 04, 2020 10:59 pm

Dear Friends, hope all are well and safe!

I have a few questions about my future ILR application as I worry, think and plan ahead of time.
My first NHS job as a doctor with a Tier 2 visa (printed from 18 December 2016 on visa vignette) was from January 2017 to 31st October 2018. Before my first job ended on 31st October 2018, I secured a second CoS and applied for a Tier 2 transfer on 29th October 2019 and sent my documents during the previous system by registered Royal Mail to UKVI that was delivered on 30th October 2019. My second Tier 2 visa was approved on the 15th November 2018 despite paying for a 10 day priority processing fee. I joined my second NHS hospital job on the first week of December 2018 and remained in this job till July 2019 and then joined my current NHS job as a trainee doctor. Because my first NHS workplace made a payment mistake, I did not receive a salary for October 2018 which was paid to me in November 2018 after my last working date (31st October 2018)
My last working day in my second NHS job was on 26th July 2019 and I joined my current NHS training programme on 6th August 2019.

My first question is: Will my ILR application be adversely impacted by refusal and/or delays because of the gap of not officially working from 31st October 2018 to the first week of December 2018 and 26th July 2019 to 6th August 2019? My HMRC account shows a 3 digit salary for October 2018, and then a 4 digit salary payment from my first NHS employer to my bank account. From then onwards till now I have been working and receiving salaries from my NHS employers. My national insurance account states I have no gaps in all of my tax years.

My second question is: Would I have to request an official letter from my second NHS employer for travelling abroad on 2 separate occasions for total 26 days to gain ILR? I had to travel abroad on 21 December 2018 to 3rd January 2019- 12 days with permission from my second NHS employer because of a marriage in the family. Again I travelled abroad on 30 April 2019 to 15 May 2019 for 14 days because of an emergency in my family. On both occasions the leaves were paid days and my salary was paid in full and not deducted/unpaid.

Thanks again and hoping and praying for everyone's health and safety during these difficult times.

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zimba
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Re: ILR Application Queries for NHS doctor

Post by zimba » Sun Apr 05, 2020 12:36 am

My first question is: Will my ILR application be adversely impacted by refusal and/or delays because of the gap of not officially working from 31st October 2018 to the first week of December 2018 and 26th July 2019 to 6th August 2019? My HMRC account shows a 3 digit salary for October 2018, and then a 4 digit salary payment from my first NHS employer to my bank account. From then onwards till now I have been working and receiving salaries from my NHS employers. My national insurance account states I have no gaps in all of my tax years.
No effect
My second question is: Would I have to request an official letter from my second NHS employer for travelling abroad on 2 separate occasions for total 26 days to gain ILR? I had to travel abroad on 21 December 2018 to 3rd January 2019- 12 days with permission from my second NHS employer because of a marriage in the family. Again I travelled abroad on 30 April 2019 to 15 May 2019 for 14 days because of an emergency in my family. On both occasions the leaves were paid days and my salary was paid in full and not deducted/unpaid.
You should try but it is not a absolutely required as the absences were below 30 days
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

lancsmedic
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Re: ILR Application Queries for NHS doctor

Post by lancsmedic » Sun Apr 05, 2020 11:45 am

My second question is: Would I have to request an official letter from my second NHS employer for travelling abroad on 2 separate occasions for total 26 days to gain ILR? I had to travel abroad on 21 December 2018 to 3rd January 2019- 12 days with permission from my second NHS employer because of a marriage in the family. Again I travelled abroad on 30 April 2019 to 15 May 2019 for 14 days because of an emergency in my family. On both occasions the leaves were paid days and my salary was paid in full and not deducted/unpaid.
You should try but it is not a absolutely required as the absences were below 30 days
[/quote]

Thanks a lot Zimba for the reply.
I believe my fully paid 26 days out of the UK from December 2018 to 15 May 2019 were adjusted with my annual leaves (marriage in family) or given on compassionate grounds as in the case of my family emergency.
I shall contact my previous NHS hospital to try to get a letter for the 26 days I spent abroad.
Can I ask as to what I should request the hospital HR team to mention in the letter if they agree to issue one to me?
Hoping and praying for everyone's safety during these difficult times.
Thanks again.

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zimba
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Re: ILR Application Queries for NHS doctor

Post by zimba » Sun Apr 05, 2020 4:08 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

lancsmedic
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Re: ILR Application Queries for NHS doctor

Post by lancsmedic » Sun Apr 05, 2020 6:19 pm

Thank you Zimba for the template letter. Really appreciated.
I will request my previous NHS hospital to mention in the letter that for the aforementioned dates for 26 days I was abroad for family visit/reasons and I was being paid my full salaries with UK tax and national insurance.
On checking my previous emails it seems the hospital had assigned annual leave only to the working days and left the weekends and bank holidays if I was not scheduled to be working in out of hours on call shifts.

My question is: Would my qualifying period for ILR be affected if out of the 26 days I was abroad from December 2018 to May 2019, 4 days were assigned as bank holidays, 8 days were weekend off days (Saturday & Sunday) and the rest of 14 days were assigned as annual leave days by the hospital?

Can the hospital simply mention my 26 days abroad as "family visit purposes" while I was being paid my full salaries with income tax and national insurance during my absences?

All hospital workers only take annual leave for working days and not for weekend and bank holidays.

Thanks again and hope everyone remains safe and well.

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zimba
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Re: ILR Application Queries for NHS doctor

Post by zimba » Sun Apr 05, 2020 9:01 pm

I repeat it has NO EFFECT on your ILR. You are overthinking this
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

lancsmedic
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Re: ILR Application Queries for NHS doctor

Post by lancsmedic » Sun Apr 05, 2020 9:18 pm

Thanks Zimba. It's highly appreciated.

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