Unpaid Leave - ILR

[ram14esh]

I have around 170 days of unpaid leave in a single visit out of UK but unpaid leave granted by the company and still being employed with the same company and can get letter reg the absence and not employed outside UK as this is for medical treatment. As I am eligible for ILR by july2105 I am wondering if i would wait till Mar2016 and split this 170 days within 2 calendar year as 85 + 85 and apply in mar2016 as my visa is valid till Dec2016. Also the second query is does the travel dates (in and out) dates counted as out of UK or they will exclude the travel date/stamping dates on the passport while calculating the absence period? Pls advise ASAP.

[mnaeem126]

No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR). You must only include whole days in this calculation. Part day absences, for example, less than 24 hours, are not counted.

[ram14esh]

I am on Tier-1 General visa came in 2010. So I guess unpaid leave should not cause any issues as Tier-1 General people need to be on employment or economically active on all 5 yrs? is that correct. Pls advise.

[mnaeem126]

You are right. It does not seem that there would be any problem.

[aliq09]

Hi ,

Yes, it can be a issue so the rule of thumb is : prepare for worst . You have to give them a letter from your company mentioning why you were away for a long time in one single strech plus the nature of work you do for them and there need for you . Lets say , i am your employer why i will say you to go out for 170 days even i m not paying you .. think of it and come with a good explaination.

Good luck!