TIER 2 to ILR - Absence letter from employer

[Raldoc]

Hello all,

I will be grateful if you could help me out with this small query.

I am a doctor working with University Hospitals on a Tier 2 General Visa.

My leave to remain was granted on 18/03/2017 and I have been on a continuous leave to remain on Tier 2 General visa with University Hospitals of Leicester NHS trust since then. My leave to remain was recently renewed and is valid until 18/03/2023.

I have been offered a training post in Clinical Radiology which is due to start on 05/08/2020. I will have to apply for a new Tier 2 General visa since my sponsor will change from 'University Hospitals' to 'Health Education England'.

I am planning to serve my notice period with my current employer, renew my Visa once the new COS is issued and take a vacation to India before I join with my new employer.
I was reading the guidance on Indefinite leave to remain booklet which states the following:

''Holidays taken on the conclusion of employment:
Where an applicant’s continuous residence period includes time spent as a Tier 2 migrant or a work permit holder, annual leave can include a short holiday taken on conclusion of employment, if the applicant made a successful immigration application to work for a new employer. ''

If I manage to get a successful immigration application with the new employer, can I take 3 to 4 week long vacation before I begin working for my new employer? Will this period be calculated as unpaid leave and affect my application for ILR? Kindly find the prospective dates below:

14/06/2020: Give notice to my current employer. (1 month as per employers policy)
15/06/2020 - 14/07/2020: Try to make successful application to UKVI for Tier 2 General visa with New Employer and get the new BRP (using super priority service).
14/07/2020: Stop working with Current Employer.
15/07/2020 - 02/08/2020: Short Vacation in India, not working for the current employer and awaiting to start working for the new employer. (Unpaid Period)
05/08/2020: Return to UK and begin work with new employer.

Will this period of unpaid vacation while waiting to begin work with new employer affect my ILR application in the future?

I will be very grateful for your advice.

Thank you.
Ral

[zimba]

Employment gap and travel between during such gaps should have no effect.

[Raldoc]

Employment gap and travel between during such gaps should have no effect.

Great.. thank you so much.

[Raldoc]

Dear Team,

I work as a doctor for the NHS. I am changing my employer and had requested them to give me an absence letter which I will need for my ILR application. They have been very supportive and given me the following letter. I will be grateful if one of the experienced members/moderators could have a look at it and advice any changes if required.

'' To:

Whom it concerns

Date: xx/07/2020

Re:
Employee Name: Dr XXXX
DOB: XX/XX/XX
Employee Number: 2XXXX8
Passport Number: N09xxx9 (India)


I would like to confirm that Dr XX was working full time as a Specialist Registrar Doctor at the University Hospitals XX NHS Trust within the Specialist Medicine department between XX/XX/2017 and XX/XX/2020.

During his tenure with us, Dr XX did not have any unpaid or unauthorized absences and was continuously employed by us.

Following absences from the United Kingdom were taken between April 2017 to July 2020.

Leave year April 2017-March 2018: (11 months - Year 2 Doctor)

Total Annual leave entitlement - 27 days


Date departed Date returned Days outside UK Reason Comments
13/10/2017 04/11/2017 21 day(16 days AL) Family Visit to India Authorized Annual Leave.


Leave year March 2018-March 2019: (12 months – Trust Grade Doctor)

Total Annual Leave entitlement – 35 days

Date Departed Date returned Days outside UK Reason Comments
13/04/2018 29/04/2018 15 days (11 days AL) Family visit to India Authorized Annual Leave.
24/08/2018 09/09/2018 15 days (10 days AL) Family visit to India Authorized Annual Leave.
02/11/2018 25/11/2018 22 days (11 days AL) Family visit to India Authorized Annual Leave and
5 days Authorized Sick leave.

While on Annual leave between 02/11/2018 and 18/11/2018, Dr XX had a brief sickness due to which his return was delayed by 5 days. I can confirm that he was granted authorized sick leave for the period between 19/11/2018 to 23/11/2018.


Leave year March 2019-March 2020: (12 months - Doctor ST3+)

Total annual leave entitlement – 29 days

Date Departed Date Returned Days outside UK Reason Comments
09/06/2019 30/06/2019 21 day( 15 days AL) Family visit to India Authorized Annual Leave
25/10/2019 10/11/2019 15 days (11 days AL) Family Visit to India Authorized Annual Leave


Leave year March 2020-July 2020: (5 months – Doctor ST3+)

Annual Leave entitlement- 13 days

There were no absences outside UK for this period.



If you have any queries; please do not hesitate to contact me''

This letter has been signed and stamped on the official letterhead.

I will be grateful for any advice.

Thank you

[zimba]

More than enough

[Raldoc]

Thank you very much zimba.

Also I have only mentioned absences from UK and not paid leaves within UK. I hope that wont be an issue.

Kind Regards
Ral