Background:
I was initially employed by the PREVIOUS EMPLOYER since April 2013 under my Tier 1 PSW visa. Then issued Tier 2 (General) - Shortage Occupation visa since November 2013 valid for 3 years and then extended on September 2016 under the same SOC Code. However, I was made redundant in mid-January 2017 with the PREVIOUS EMPLOYER. I was soon interviewed and offered a job with my CURRENT EMPLOYER was offered job following RMLT. Tier 2 (General) was issued on end March 2017 and started the job in early April 2017.
The following are the potential issues that I see in my ILR application (planning in Oct 2018) and will appreciate thought from the forum members:
1. Unpaid Leave - Please advise which all the evidence documents I should keep in the ILR application.
31 days of unpaid leave taken with my PREVIOUS EMPLOYER mainly to support my mother who was a cancer patient. All my absences were approved and were taken in line with the annual holiday entitlement as per company policy. I nor my company was not aware of four weeks unpaid rule as this is not mentioned in Tier 2 PBS - Policy Guidance. It is only mentioned in the “Immigration Rules part 9: grounds for refusal (para 323AA)” which is not generally accessed by the majority of the migrants.
323AA Prohibited changes to employment for Tier 2 Migrants and Tier 5 Migrants
The following are prohibited changes, unless a further application for leave to remain is granted which expressly permits the changes:
(a) The migrant is absent from work without pay for four weeks or more in total, according to his/her normal working pattern (whether over a single period or more than one period), during any calendar year (1 January to 31 December), unless the absence from work is due solely to: (i) maternity leave, (ii) paternity leave, ......
1.1 It is not an issue because a further application for leave to remain was granted to me when I switched Tier 2 employer which expressly permits the changes (see 323AA (a)) four weeks unpaid leave. True? if not 1.2, 1.3, 1.4.
1.2 Should I get absence letter from the PREVIOUS EMPLOYER, if so what is the minimum data (the type of leave I took for all years or during limited my physical absence in the UK) it should provide? Note that I have only one work-related absence (business trip). My PREVIOUS EMPLOYER is now aware that they should not give unpaid leave to Tier 2 migrant and may give letter confirming my holidays & unpaid leave.
Evidence document i: Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK?
1.3 Should I avoid to utilise the PREVIOUS EMPLOYER absence letter in the ILR application and be silent?
It is clear from income tax paid Feb & March 2016 (HMRC data) that I had more than one months of unpaid leave.
1.4 Should I mention about my mother who was a Cancer patient and my absence was to provide palliative support for her and family under “Absences for serious or compelling reasons – evidential requirements”; medical documents and death certificate can be produced (also related to point 2). Note that I have not crossed for 180 days.
Evidence document ii: Letter from the applicant detailing reasons for absence due to compelling or compassionate reasons
Evidence document iii: Original official documents: (medical/birth/death certificate(s))
Evidence document iv: Other: Mothers medical reports from the hospital
2. 180 days’ absence; not issue on the new rule from January 2018 that accounts in any rolling 12-month period (worst case date of return 07/09/16 & 02/03/16 is 175 days and 178 days respectively). Moreover, in June 2018, it was confirmed that the new 180-day ILR absence rule will not apply in relation to leave held before January 2018. Note that this related to above 1.4. The current total absence is 413 days and should be fine for the future 5 year period (450 days limit) and 12-month period (90 days). I believe, this is not an issue for me; please confirm.
Look forward to your valuable suggestions.
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