ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR eligibility - sick leave whilst on T2 General

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
micasa
Newly Registered
Posts: 25
Joined: Thu Feb 02, 2017 2:03 pm

ILR eligibility - sick leave whilst on T2 General

Post by micasa » Wed Apr 26, 2017 3:28 pm

I have been in the UK for 4 years+ on a company sponsored visa (Tier 2 General), and will qualify for ILR in 10 months if my employment continues.

The problem is that I have been quite unwell due to some virus infection (don't know how it happened), causing me constant fatigue and fever. My doctor said it is going to take more than a couple of months, if not years, to recover, and advised to go on sick leave as conditions worsened in the past month. I am very reluctant to do so as I am worried about my job security, and more importantly, the adverse impact on my ILR eligibility due to the long-term leave of absence.

Can anyone please advise if I can still keep my T2 General status if I go on a sick leave lasting longer than 1 month, say 3 months? Will it reset or suspend my ILR clock? I believe I will be paid up until 6 months of continuous sick leave, but what if it is not paid after 3 months? I will remain in the UK during my sick leave so don't need to worry about 180 day rule.

Many thanks.

micasa
Newly Registered
Posts: 25
Joined: Thu Feb 02, 2017 2:03 pm

Re: ILR eligibility - sick leave whilst on T2 General

Post by micasa » Thu Apr 27, 2017 10:46 am

To add, 3-month unpaid leave would not affect the income threshold for the 12-month prior to application. Thanks.

User avatar
zimba
Moderator
Posts: 21938
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR eligibility - sick leave whilst on T2 General

Post by zimba » Thu Apr 27, 2017 2:15 pm

Any leave must be approved by your sponsor and better be paid. This will NOT come up during the ILR application at all as long as you stay and rest in the UK. However if you decided to leave the country, then your sponsor needs to give you a letter of approval for such an extended absence from work and the UK during your ILR. You probably have to submit all your medical evidence too in that case.
At the end, it will be all at the discretion of HO to decide if your reasons for an extended absence from the UK are legitimate or not if you leave the UK. They can argue that a person on a necessary sick leave in which working was not possible, probably will not be able to travel either. You need to be careful with your decisions as it is generally hard to justify extended absences from the UK.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

micasa
Newly Registered
Posts: 25
Joined: Thu Feb 02, 2017 2:03 pm

Re: ILR eligibility - sick leave whilst on T2 General

Post by micasa » Tue May 09, 2017 5:23 pm

Thanks zimba88 and sorry for the late response.

And thanks for raising a good point. Although I plan to remain in the UK during my sick leave, there might be a situation where I need to fly to attend my family in case of emergency. I will keep it in mind to get a sign off from the employer if such a case arises.

Locked