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urgent Tier 2 - Regarding going on a leave more than 28 days

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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layman2016
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Posts: 27
Joined: Mon Feb 29, 2016 1:18 pm

urgent Tier 2 - Regarding going on a leave more than 28 days

Post by layman2016 » Mon Oct 24, 2016 4:23 pm

Hi,
I have one query.

I am going abroad(personal work) from 15 Nov till 7 January 2017
I am told that i cannot have unpaid leave more than 28 days.

Does that 28 days includes SAT and SUN as well?
I don't have any holidays left for this year.

I discussed with my company and this is what they came up with.

25 nov - 23 Dec (Unpaid leave 28 days(inlcuing SAt and SUN))
15 Nov - 24 Nov (working from abroad)
24 Dec - 02 Jan 2017 (paid leave)
3 Jan 2017 - 6 Jan 2017 (Annual paid leave)

Does that work?

if it does not work, can anyone give some ideas how i can have those holidays please......

Also, does my company has to call UKVI and explain all those things?

I am just really scared/tensed cause I am due to extend my VISA in May/June 2017.


Kind regards
layman

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Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: urgent Tier 2 - Regarding going on a leave more than 28

Post by Djsuccess » Mon Oct 24, 2016 5:41 pm

layman2016 wrote:Hi,
I have one query.

I am going abroad(personal work) from 15 Nov till 7 January 2017
I am told that i cannot have unpaid leave more than 28 days.

Does that 28 days includes SAT and SUN as well?
I don't have any holidays left for this year.

I discussed with my company and this is what they came up with.

25 nov - 23 Dec (Unpaid leave 28 days(inlcuing SAt and SUN))
15 Nov - 24 Nov (working from abroad)
24 Dec - 02 Jan 2017 (paid leave)
3 Jan 2017 - 6 Jan 2017 (Annual paid leave)

Does that work?

if it does not work, can anyone give some ideas how i can have those holidays please......

Also, does my company has to call UKVI and explain all those things?

I am just really scared/tensed cause I am due to extend my VISA in May/June 2017.


Kind regards
layman

I will allow more experienced forum members to answer your questions. But my contribution is that Tier 2 visa does not give a lot of flexibilities and as such we should factor it into our holiday plans. I dont know how this affects your continuous stay towards ILR. If the situation is avoidable, I will advise you review your holiday plans. Again, this is just my personal opinion. More experienced people will answer your questions whenever they are available.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

layman2016
Newly Registered
Posts: 27
Joined: Mon Feb 29, 2016 1:18 pm

Re: urgent Tier 2 - Regarding going on a leave more than 28

Post by layman2016 » Thu Oct 27, 2016 9:59 am

thanks Djsuccess...
I want to add one more thing on that.
It says that i cannot work unpaid for more than 28 days right?
Is that 28 days including saturdays/sundays as well?

waiting for experts opinion.

kind regards
layman

layman2016
Newly Registered
Posts: 27
Joined: Mon Feb 29, 2016 1:18 pm

Re: urgent Tier 2 - Regarding going on a leave more than 28

Post by layman2016 » Mon Oct 31, 2016 12:11 pm

Hi,
anyone can answer my query? :(

Please!!!!!!!

kind regards
layman

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: urgent Tier 2 - Regarding going on a leave more than 28

Post by Djsuccess » Mon Oct 31, 2016 5:59 pm

layman2016 wrote:Hi,
anyone can answer my query? :(

Please!!!!!!!

kind regards
layman

Sorry that no one has been able to answer your question and im not sure im a good position to offer advise either. just as I have said earlier, you might have to weigh your options. which one is more imprtant to you? the holiday for personal work or your job/residency in the UK.
And if I may ask, did you say you are planning to go out in November and return in January? That's like 2 months.
When you said personal work, did you mean you will be earning from a personal job while away?
If you are out of UK for two months and earning (outside of your sponsor) and not paying tax, you might just be putting yourself in a difficult position (im not sure if you are allowed to do this under tier 2). Because you sponsor will not be able to account for the time you spent outside for personal reason whether paid on unpaid.

Sorry if this is not the type of answer you are looking for. as a Tier 2 visa holder, you dont have the flexibility of traveling as you like and most importantly you are accountable to your sponsor who also has the responsibility of looking after you and reporting your activities.
I guess your sponsor will have to report to UKVI that you have taken unpaid holiday irrespective of the number of days taken, this is because your salary would be affected by the unpaid holiday. This is a significant change as far as your immigration status is concerned.

These are just my opinions. I think the uncertainties are just too much that I will advise you to re consider your travel plans.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

layman2016
Newly Registered
Posts: 27
Joined: Mon Feb 29, 2016 1:18 pm

Re: urgent Tier 2 - Regarding going on a leave more than 28

Post by layman2016 » Wed Nov 02, 2016 12:05 pm

Djsuccess wrote:
layman2016 wrote:Hi,
anyone can answer my query? :(

Please!!!!!!!

kind regards
layman

Sorry that no one has been able to answer your question and im not sure im a good position to offer advise either. just as I have said earlier, you might have to weigh your options. which one is more imprtant to you? the holiday for personal work or your job/residency in the UK.
And if I may ask, did you say you are planning to go out in November and return in January? That's like 2 months.
When you said personal work, did you mean you will be earning from a personal job while away?
If you are out of UK for two months and earning (outside of your sponsor) and not paying tax, you might just be putting yourself in a difficult position (im not sure if you are allowed to do this under tier 2). Because you sponsor will not be able to account for the time you spent outside for personal reason whether paid on unpaid.

Sorry if this is not the type of answer you are looking for. as a Tier 2 visa holder, you dont have the flexibility of traveling as you like and most importantly you are accountable to your sponsor who also has the responsibility of looking after you and reporting your activities.
I guess your sponsor will have to report to UKVI that you have taken unpaid holiday irrespective of the number of days taken, this is because your salary would be affected by the unpaid holiday. This is a significant change as far as your immigration status is concerned.

These are just my opinions. I think the uncertainties are just too much that I will advise you to re consider your travel plans.

Thanks for the reply Djsuccess.
No. I am not earning from my personla job while away.

I am away out of UK from 15 Nov till 6 jan 2017

Doesn't this work for me?
15 Nov - 24 working from abroad (paid).
25 Nov - 23 is unpaid (It is 28 days. I think I can work unpaid for 28 days).
From 24 till 01 is christmas holiday(office will be closed) and will get paid.
2 Jan 2017 - 6 Jan 2017 is my annual paid leave starts working from abroad

Do you think that will work?
I am allowed 28 days of unpaid leave right?
and when it says 28 days, does it counts SAT/SUN as well?

Hope I have made it much clearer or may be not?

Waiting for reply..

Kind regards
layman.

layman2016
Newly Registered
Posts: 27
Joined: Mon Feb 29, 2016 1:18 pm

Re: urgent Tier 2 - Regarding going on a leave more than 28

Post by layman2016 » Mon Nov 07, 2016 10:54 am

can anyone provide me the answer please?
:cry:

kind regards
layman

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