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Can someone provide clarification on absence?

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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sysy01
Newly Registered
Posts: 12
Joined: Tue Jan 15, 2013 1:50 pm

Can someone provide clarification on absence?

Post by sysy01 » Wed Jan 23, 2013 1:24 pm

Hi

I am on Tier 2 General visa and planning to take a long holiday (about 3 months). I want to find out if I will still meet the requirement for settlement.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.

Does this mean I can be out of the UK for any reason if less than 180 days, but if it is more than 180 days they have to be work related?
or

I cannot be outside of the UK unless is work related, and even it is work related it cannot be more than 180 days?

I am planning to use all my paid annual leave plus unpaid leave to go back to my home country.

Do I need letter from employer to show I take unpaid leave and will not receive income during that time? Can I still qualify if I don't receive income?

Thank you very much in advance :D

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
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Re: Can someone provide clarification on absence?

Post by uksettlement » Wed Jan 23, 2013 3:26 pm

sysy01 wrote:Hi

I am on Tier 2 General visa and planning to take a long holiday (about 3 months). I want to find out if I will still meet the requirement for settlement.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.

Does this mean I can be out of the UK for any reason if less than 180 days, but if it is more than 180 days they have to be work related?

Yes but if more than 180 days....It means absence have to be work related or non work related. However, if they are work related then you need letter from your employer and if t was for serious or compelling reasons then you have to provide a letter.

or

I cannot be outside of the UK unless is work related, and even it is work related it cannot be more than 180 days?

Yes

I am planning to use all my paid annual leave plus unpaid leave to go back to my home country.

Do I need letter from employer to show I take unpaid leave and will not receive income during that time? Can I still qualify if I don't receive income?

Not needed if you are within 180 days every year.

Thank you very much in advance :D
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

sysy01
Newly Registered
Posts: 12
Joined: Tue Jan 15, 2013 1:50 pm

Post by sysy01 » Thu Jan 24, 2013 10:40 am

thank you for your reply

sysy01
Newly Registered
Posts: 12
Joined: Tue Jan 15, 2013 1:50 pm

Post by sysy01 » Thu Feb 07, 2013 10:59 am

Just found out Tier 2 General is not allowed to take unpaid leave in excess of one month

http://www.immigrationboards.com/viewto ... 216#779216

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