ILR - Unpaid Annual Leave with travel outside of UK

[RJoseph]

Hi,
I am currently in Tier 2 General Work Visa and is eligible for ILR in Aug 2017. Could you please let me know if my unpaid annual leave in the following scenario will break my continuity.
I applied for 4 weeks annual leave for my marriage in 2013. Although I had 4 weeks of leave remaining the company only allows for 3 weeks of continuous leave. They gave me an option to take the remaining 1 week as an unpaid leave. As my marriage was in India I was outside UK for these 4 weeks..

Would the 1 week of unpaid leave cause a break in my ILR continuity?
I am a bit worried as the Home Office considers unpaid leave with travel outside UK as a break in ILR continuity according to this link https://www.whatdotheyknow.com/request/ ... _ilr_rules

Please advise.

Thanks!

[iworker]

No. Its not a problem.
Unpaid leave can be for variety of things.. certain companies wont allow charity work as paid leave, even court service is not paid by some companies. So IMO, taking unpaid leave is not an issue.

[RJoseph]

Thank you!
I read that u can take upto 4 weeks of unpaid leave provided you are still in UK.
In my case I had travelled to India during that time and Home Office says it will break continuity coz I was absent from UK?

[db_secu]

Thank you!
I read that u can take upto 4 weeks of unpaid leave provided you are still in UK.
In my case I had travelled to India during that time and Home Office says it will break continuity coz I was absent from UK?

my 2 cents -

I applied for my ILR last Saturday and got through... I have not read anywhere about 4 weeks of unpaid leave on the Home office website / Tier 2 guide.

Your unpaid leave is still part of your annual leave and hence you will be fine as long as you have a cover letter from your employee confirming those leaves were approved...

I provided a word doc detailing all the dates where i was outside of UK (300+ days in total) and had a cover letter confirming the same...

btw you can always provide your marriage certificate explaining your unpaid leave and it should be fine...

[KetanAnand]

Hi RJoseph,

We are in a similar boat. Can you please confirm if you were able to get your ILR after having unpaid leave of absence outside UK?

Thanks

[makky86]

Hi RJoseph,

We are in a similar boat. Can you please confirm if you were able to get your ILR after having unpaid leave of absence outside UK?

Thanks

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