Unpaid leave/ curtailment of visa

bjbatra · Post by **bjbatra** » Mon Apr 16, 2012 5:35 pm

I am on a Tier 2 (General) visa and would like to take some time off on unpaid leave for some personal work. I intend to remain in the UK.

Can someone clarify if this is allowed?

I saw Para 222 of the Tier 2 Guidelines which states that the visa may be curtailed if "You cease to work for the Sponsor for a period of one calendar month or more except where your absence is solely due to maternity, paternity or adoption leave or sick leave."
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

I didn't think that leave would normally be construed as "ceasing to work" but the exceptions that follow suggest that it is being construed as such.

Does this also mean that if you're on paid leave for over a month, your visa is at risk? That sounds strange

Post by **Lucapooka** » Mon Apr 16, 2012 5:41 pm

bjbatra wrote:
I didn't think that leave would normally be construed as "ceasing to work"

However, you are referring specifically to unpaid leave. Perhaps not in other circumstances but with regard to Tier 2 migrants and the UKBA rules, it is construed in that way.

bjbatra · Post by **bjbatra** » Mon Apr 16, 2012 5:44 pm

hi Lucapooka,

While I am indeed referring to unpaid leave, Para 222 is not... If your reading is correct, then even paid leave for more than one calender month may lead to curtailment of visa.

Post by **Lucapooka** » Mon Apr 16, 2012 5:51 pm

I can't interpret paid leave as cessation of the employment contract.

bjbatra · Post by **bjbatra** » Mon Apr 16, 2012 6:05 pm

Thanks - that appears a reasonable interpretation.
In case you (or someone else reading this) come across something more definitive to support this interpretation, please do let me know.

Post by **Greenie** » Mon Apr 16, 2012 7:23 pm

The tier 2 sponsor guidance
explains things more clearly and confirms Lucapooka's interpretation. See in particular para 218-219

bjbatra · Post by **bjbatra** » Tue Apr 17, 2012 2:31 pm

Thanks Greenie (and Lucapooka), and apologies for the trouble ... should have looked at the sponsor guidance first!

boarder · Post by **boarder** » Wed Apr 18, 2012 10:19 am

so does this mean that unpaid leave of a month or more would not be allowed?

Post by **Greenie** » Wed Apr 18, 2012 10:22 am

boarder wrote:so does this mean that unpaid leave of a month or more would not be allowed?

yes unless it was solely due to "maternity, paternity or adoption leave or sick leave."

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Unpaid leave/ curtailment of visa

Unpaid leave/ curtailment of visa

Re: Unpaid leave/ curtailment of visa