Impact of Sickness Leave on ILR application

[raiza]

Hey immigration experts,

Please would someone be able to offer me some guidance or advice for the below?

I've been on a Tier 2 (General) visa since August 2014. I was due to apply for my ILR in August 2019. However, I was signed off as sick from work by my GP from August 2018 to October 2019. It was a long period of sickness. I was paid sick leave by my employer until February 2019, after which I exhausted company sick pay. I am back at work now and will receive my payslip for November 2019. During the whole sickness period, I was and am still employed by the same employer.

The online application for ILR states that you only need to give them one month's worth of payslip and bank account records. My question is, would they check with HMRC to see if I had been paid for the previous months? Or should I play it safe and wait for a solid 6 months worth of payslips before submitting my application? Or do you think I can submit my application after I receive my first payslip?

Thank you so much for reading and providing insight/guidance. Hugely appreciated!

Warm regards,
Raiza

[zimba]

Sick leave should not affect your ILR

[raiza]

It would impact ILR if my sick pay does not meet the salary threshold. Normally, my pay is above the required minimum threshold. However, whilst I was on sick leave, I was paid below this threshold.

[zimba]

Unpaid leave and reductions in salary
26.26 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://www.gov.uk/government/publicati ... -employers

[raiza]

Thank you so much for your input Zimba. I appreciate it. However, I had an informal consultation with an immigration lawyer and they told me that sickness is not accepted when submitting ILR as my pay would not meet the minimum threshold. Would you suggest I consult another immigration lawyer prior to submitting my application?

Warm regards,
Raiza

[zimba]

Thank you so much for your input Zimba. I appreciate it. However, I had an informal consultation with an immigration lawyer and they told me that sickness is not accepted when submitting ILR as my pay would not meet the minimum threshold. Would you suggest I consult another immigration lawyer prior to submitting my application?

Warm regards,
Raiza

What min threshold ??! Your salary simply must be at an appropriate level at the time of ILR. You only need to submit a single payslip and bank statement showing this. Your reduced pay (due to sickness) has no effect if you are being paid the appropriate salary now

[raiza]

Thanks Zimba! That is really helpful, much appreciated!