ILR application whilst on Tier 2 ICT

[RP2012]

Hi all,

I am currently on tier 2 ICT that was issued before 2010. I am completing 5 years in the UK in June 2013, and will be applying for ILR. My total absences is around 200 days most of them are unpaid. The longest among them is 76 days all of which were unpaid. I went overseas during this period for my marriage. All other leave are less than 1 month (mostly unpaid).

I will try to get a letter from the employer regarding absences above. However, I am not sure if they will provide that.

My queries:
1. If I don't get the letter from employer regarding evidence of absences, how will this affect my application? They may issue a letter to confirm employment and the pay rate.

2. The tier 2 guidance say that the employer must stop sponsoring if the employee take more than a month of unpaid leave. I am not sure if my employer notified HMRC when I was away for 76 days of unpaid leave. Even if they haven't, would this still be regarded as break in continuity as the unpaid leave is more than a month and for reasons other than paternity/maternity?

And additionally, how should I go about this application considering above facts?

Many Thanks
RP2012

[Gagan1986]

Hi all,

I am currently on tier 2 ICT that was issued before 2010. I am completing 5 years in the UK in June 2013, and will be applying for ILR. My total absences is around 200 days most of them are unpaid. The longest among them is 76 days all of which were unpaid. I went overseas during this period for my marriage. All other leave are less than 1 month (mostly unpaid).

I will try to get a letter from the employer regarding absences above. However, I am not sure if they will provide that.

My queries:
1. If I don't get the letter from employer regarding evidence of absences, how will this affect my application? They may issue a letter to confirm employment and the pay rate.

2. The tier 2 guidance say that the employer must stop sponsoring if the employee take more than a month of unpaid leave. I am not sure if my employer notified HMRC when I was away for 76 days of unpaid leave. Even if they haven't, would this still be regarded as break in continuity as the unpaid leave is more than a month and for reasons other than paternity/maternity?

And additionally, how should I go about this application considering above facts?

Many Thanks
RP2012

1. For tier 2/ICT/Wp holders letter of absences from employer is a must. Normally the first thing CW looks at is absences.
2. Yes you need to be economically active throughout the 5 year period. But unpaid absence for a short period is fine for a decent enough. How does your P60 appear for that tax year?

[cs95tdg]

My total absences is around 200 days most of them are unpaid.
1. If I don't get the letter from employer regarding evidence of absences, how will this affect my application? They may issue a letter to confirm employment and the pay rate.

2. The tier 2 guidance say that the employer must stop sponsoring if the employee take more than a month of unpaid leave. I am not sure if my employer notified HMRC when I was away for 76 days of unpaid leave. Even if they haven't, would this still be regarded as break in continuity as the unpaid leave is more than a month and for reasons other than paternity/maternity?

1) All annual leave and business related absences while employed under a employer sponsored immigration category must be confirmed by an employer letter, irrespective of the number of absences.
2) As an employer sponsored migrant you would be required to meet the terms of your sponsorship. This is generally verified by the UKBA using your Employment History or P60's for that period. E.g. if you were not employed/paid in the UK during part of your T2 LTR grant, you may not meet the terms of original sponsorship.
It appears that you are already aware of the rules around how much unpaid leave is allowed when you are employed under an employer sponsored immigration category. See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
228. If the reduction in the migrant‟s salary is due to them taking a period of unpaid leave in excess of one month, other than for the reasons in paragraph 227 a) or 227 b), you cannot continue to sponsor them. If a sponsored migrant wishes to take a longer period of other unpaid leave, for example a sabbatical, you must stop sponsoring them and report this to us via your SMS account.
You should find out whether your employer notified the UKBA (to stop sponsorship during the time you took your unpaid leave). Raising a SAR may help in this respect. See http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ Additionally, if you do not have your P60's for the 5 year residence period then I'd recommend that you get your HMRC Employment History.

[RP2012]

1. For tier 2/ICT/Wp holders letter of absences from employer is a must. Normally the first thing CW looks at is absences.
2. Yes you need to be economically active throughout the 5 year period. But unpaid absence for a short period is fine for a decent enough. How does your P60 appear for that tax year?

Ok, so I found the tier 2 guidance copy of that particular time and there is nothing about unpaid absences in that version so my employer was okay to continue sponsoring me during that timeframe.

Re the P60, since I was away the P60 earnings aren't great for that year but still more than the previous year.i dont have the copy of the COS so I dont know how less that is from the salary in COS.

I have all P60s and income each year is greater than previous year

Would you regard 76 days as a short period?

Thanks
RP2012

[Gagan1986]

I was on old work permit and wasn't active on payroll for 85 odd days but my salary was above the original work permit salary so on P60 it looked fine, just £200 below which wasnt even noticed or asked by CW. If you can get a letter from your employer saying all your leaves were authorised paid or unpaid leave you will be fine. Its just how you present your case matters

[RP2012]

I was on old work permit and wasn't active on payroll for 85 odd days but my salary was above the original work permit salary so on P60 it looked fine, just £200 below which wasnt even noticed or asked by CW. If you can get a letter from your employer saying all your leaves were authorised paid or unpaid leave you will be fine. Its just how you present your case matters

That is the only concerning point....i know I am not going to get that letter easily.

[RP2012]

1) All annual leave and business related absences while employed under a employer sponsored immigration category must be confirmed by an employer letter, irrespective of the number of absences.
2) As an employer sponsored migrant you would be required to meet the terms of your sponsorship. This is generally verified by the UKBA using your Employment History or P60's for that period. E.g. if you were not employed/paid in the UK during part of your T2 LTR grant, you may not meet the terms of original sponsorship.
It appears that you are already aware of the rules around how much unpaid leave is allowed when you are employed under an employer sponsored immigration category. See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
228. If the reduction in the migrant‟s salary is due to them taking a period of unpaid leave in excess of one month, other than for the reasons in paragraph 227 a) or 227 b), you cannot continue to sponsor them. If a sponsored migrant wishes to take a longer period of other unpaid leave, for example a sabbatical, you must stop sponsoring them and report this to us via your SMS account.
You should find out whether your employer notified the UKBA (to stop sponsorship during the time you took your unpaid leave). Raising a SAR may help in this respect. See http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ Additionally, if you do not have your P60's for the 5 year residence period then I'd recommend that you get your HMRC Employment History.

the 30 days unpaid rule does not apply to me as that as come into effect in dec 2012 and my unpaid leave was in 2009.