Unpaid leave on a UK tier 2 (general) visa

[mccallfi1]

My partner and I are Aussies who are working in the UK on a Tier 2 (General) Visa. We’ve been here for 2 years now, and in 6 months or so, we are hoping to take some extended leave, probably up to a year in order to get married and spend some time travelling. We want to return to the UK at the end of our travels.

As we understand it, with the tier 2 visa, our employer cannot keep us employed if we take unpaid leave of more than a month (which we want to) and we would need to reapply for our jobs and for the visa. We also understand that we must wait a 12 month “cooling off period” before we can reapply (and cannot re-enter the country during this time).

Is anyone aware of a way around this? Ideally we do not want to relinquish our employment, nor be locked into taking the full 12 months. We also do not want to ruin our chances of getting indefinite leave to remain.

If there is no way around it, is anyone able to confirm whether the 12 months “cooling off period” starts from the day we cease employment and leave the country, no matter whether this is at the end of the 3 year visa, or in the middle of it?

Thanks in advance for any help you can provide.

[manci]

you cannot take more than 30 days unpaid leave without losing the sponsorship, see para 26.21/22 in the sponsor guidance: https://www.gov.uk/government/uploads/s ... _v_1_1.pdf

The 12 month cooling-off period starts when you actually leave the UK- retain evidence of your departure.

The 5 year qualifying period for ILR will start when you return to the UK on a new T2G visa after your break. The time on T2G before then will not count as continuity will have been broken.

If you are under 30 you may consider the Youth Mobility Scheme which, if you qualify, will enable you to return to the UK any time and work or study but time on YMS will not count for ILR.

[mccallfi1]

Thanks manci for your response. Makes it all very clear now.
Unfortunately we are not under 30, so we will just have to deal with the 12 month cooling off period.