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Tier 2 ILR Unpaid leaves more than 30 days in an year

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Apuk2021
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Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Thu Apr 29, 2021 4:22 am

Hi Team,

I will have 5 years completed on Tier 2 next month jowever, i had unpaid leaves for more than 30 days in one calendar year due to some personal issues however I stayed within UK during all this time.

Can i know if i am eligible for ILR?

I meet all other requirements properly.

Thanks

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Thu Apr 29, 2021 11:18 am

There is no issue
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Thu Apr 29, 2021 6:10 pm

Thanks Zimba for your response but this articles suggests otherwise,

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Can you please advise?

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by CR001 » Thu Apr 29, 2021 6:44 pm

Apuk2021 wrote:
Thu Apr 29, 2021 6:10 pm
Thanks Zimba for your response but this articles suggests otherwise,

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Can you please advise?
Please do not post third party solicitor weblinks. The article is also from 2016. You should follow the official UKVI rules and guidance notes, not random old articles online, which are often misinterpreted.
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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Thu Apr 29, 2021 11:32 pm

Thanks both for replying.

Can you please share the official guidance, that has all requirements including required documents.

Thanks

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Fri Apr 30, 2021 11:21 am

Unpaid leave of more than 4 weeks in a row will be problematic and the sponsor should stop sponsoring you. Remember that the Tier 2 general route does not exist anymore, it is now the skilled worker route.

Skilled worker guide: https://assets.publishing.service.gov.u ... .0-ext.pdf

Sponsor guides: https://www.gov.uk/government/collectio ... r-sponsors
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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Fri Apr 30, 2021 11:52 am

Thanks Zimba, my unpaid leaves were for 2 months in a row in 2019. I am still on Tier 2 General visa which is valid until next year so will Tier 2 General rules still be applicable on me or would it be skilled worker visa?
Thanks

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Fri Apr 30, 2021 12:16 pm

Apuk2021 wrote:
Fri Apr 30, 2021 11:52 am
Thanks Zimba, my unpaid leaves were for 2 months in a row in 2019. I am still on Tier 2 General visa which is valid until next year so will Tier 2 General rules still be applicable on me or would it be skilled worker visa?
Thanks
The rules are pretty much the same
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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Fri Apr 30, 2021 1:09 pm

Do you think i should go through the solicitor due to this issue with unpaid leaves for applying ILR? I can do the documentation but this is the only bit that is challenging for me.

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Fri Apr 30, 2021 6:00 pm

Apuk2021 wrote:
Fri Apr 30, 2021 1:09 pm
Do you think i should go through the solicitor due to this issue with unpaid leaves for applying ILR? I can do the documentation but this is the only bit that is challenging for me.
Solicitors do not add any value to your application. This is fully up to UKVI
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Wed May 05, 2021 9:38 pm

Hi Team,

I have one more question regarding minimum threshold, do I have to maintain £39,700 across all 5 years that I have lived in the UK on Tier 2, as I had been on sick leaves in two years in 2017 and 2018.

Thanks

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Thu May 06, 2021 12:32 am

Apuk2021 wrote:
Wed May 05, 2021 9:38 pm
Hi Team,

I have one more question regarding minimum threshold, do I have to maintain £39,700 across all 5 years that I have lived in the UK on Tier 2, as I had been on sick leaves in two years in 2017 and 2018.

Thanks
No. That is the min current salary threshold
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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Thu May 06, 2021 12:00 pm

Thanks Zimba for confirming. The only hurdle i see is unpaid leaves above 30 days, not sure how to cope up witb this one.

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Fri May 28, 2021 11:42 pm

Hi Zimba,

I am about to submit application ILR. But i am still unsure as I have unpaid leaves continuously for more than 2 months in 2018, but i have left from that employer. This was due to personal mental health issues. What can i do about this?

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Sat May 29, 2021 8:04 am

One thing to mention is during all this while I stayed within the UK when i had my unpaid leaves

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Sat May 29, 2021 8:54 am

My overall situation is and the questions, and if i am eligible for ILR or not?

1. unpaid leaves in 2018 over 2 months as discussed above, whilst i stayed in the UK during this period.

2. I have been on long sick leaves due to an eyes issue for which I have been given sick leaves by the doctor various times, and during this time I have been paid 75% of my salary. I am staying in UK during this time.

3. I am currently on sick leaves for eyes thing and due to go for right eye surgery in some time and been paid 75% of my salary by employer, can i apply ILR now or wait for my return and apply once I have one full month of paid payslip. My visa is valid until June next year, however i have already spent 5 years in the UK. I have been staying in the UK during all this while.

4. Do i need to submit evidence about my sick leaves? Ongoing and old?

5. I switched 2 jobs during my 5 years time, and previous employer letters have included only annual leaves but not confirmed the sick leaves in the letter. I am yet to receive a letter from my current employer.

6. Do i need to submit p45 and p60?

7. How many months of payslips and bank statements do I need to submit?

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Sat May 29, 2021 5:33 pm

Zimba wrote:
Fri Apr 30, 2021 6:00 pm
Apuk2021 wrote:
Fri Apr 30, 2021 1:09 pm
Do you think i should go through the solicitor due to this issue with unpaid leaves for applying ILR? I can do the documentation but this is the only bit that is challenging for me.
Solicitors do not add any value to your application. This is fully up to UKVI
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Apuk2021
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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Sat May 29, 2021 9:14 pm

Thanks Zimba can you or someone please respond on 7 queries i have raised, thanks

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Sat May 29, 2021 10:44 pm

The guides provided above tells you what you need to submit to support your application
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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by Apuk2021 » Thu Jun 03, 2021 1:46 pm

Hi

I have now received letter from my current and previous employer. The previous employer has not mentioned anything about my unpaid leaves above 2 months, will i still need to declare that in a covering letter?

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Re: Tier 2 ILR Unpaid leaves more than 30 days in an year

Post by zimba » Fri Jun 04, 2021 1:47 pm

You can
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