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Unpaid leaves affecting ILR - Skilled Worker Visa Primary

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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chatgpt
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Redundancy affecting eligibility for ILR

Post by chatgpt » Fri Oct 20, 2023 5:21 pm

Hi,
I am on a Skilled Worker Visa and have been made redundant. Assuming the curtailment letter arrives in December 2023, till what date can I switch to a new sponsored job such that it does not affect my ILR?
Eg:
1) Made redundant on 20th Oct 2023.
2) Received curtailment letter on 20th Dec, 2023
3) Last day in the UK as per curtailment letter: 20th Feb 2023

If I get a new job and apply for a new skilled worker visa on 10th Feb 2023, will it reset my time in the UK? Assuming I have been unemployed since 20th Oct 2023.

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CR001
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Re: Redundancy affecting eligibility for ILR

Post by CR001 » Fri Oct 20, 2023 5:46 pm

Curtailment letters take a while to get sent out, it isnt usually that quick, unless you leave the uk.

You have 60 days from the date of the letter receipt.

No, the clock doesnt reset!
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chatgpt
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Re: Redundancy affecting eligibility for ILR

Post by chatgpt » Fri Oct 20, 2023 5:59 pm

Thank you for your reply.
1) Do we get the curtailment letter by email or post or both?
2) What is the current average time taken to receive the curtailment letter after the last date of employment?

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Re: Redundancy affecting eligibility for ILR

Post by AmazonianX » Fri Oct 20, 2023 10:53 pm

chatgpt wrote:
Fri Oct 20, 2023 5:59 pm
Thank you for your reply.
1) Do we get the curtailment letter by email or post or both? Usually by post in past.
2) What is the current average time taken to receive the curtailment letter after the last date of employment? This is unknown as cannot be trended due to infrequent occurrence.

chatgpt
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Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by chatgpt » Wed Oct 25, 2023 11:37 am

Hi!
Q1) How many weeks of unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?
Q2) How many weeks of SICK unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?

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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by secret.simon » Wed Oct 25, 2023 12:08 pm

Will you be traveling outside the UK or will you be remaining in the UK while on sick/unpaid leave?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

chatgpt
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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by chatgpt » Wed Oct 25, 2023 12:10 pm

Remaining in the UK. Not travelling outside the UK.

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zimba
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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by zimba » Wed Oct 25, 2023 12:38 pm

chatgpt wrote:
Wed Oct 25, 2023 11:37 am
Hi!
Q1) How many weeks of unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?
Q2) How many weeks of SICK unpaid leave can we take such that it does not affect the ILR application via 5-year route Skilled Worker Visa?
Under the rules, no limits are imposed in general. Only absences from the UK can become a problem. However, as per sponsor duties, they are required to stop sponsoring you if you take more than 4 weeks of unpaid leave
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

chatgpt
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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by chatgpt » Wed Oct 25, 2023 2:05 pm

Thank you!

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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by chatgpt » Wed Nov 01, 2023 8:51 am

@Zimba: I read in one of the other posts that if we are in the UK, then SICK leaves are not counted towards the 4-week limit. Is that true?
indefinite-leave-to-remain/impact-of-si ... l#p1848687

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zimba
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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by zimba » Wed Nov 01, 2023 12:04 pm

chatgpt wrote:
Wed Nov 01, 2023 8:51 am
Zimba: I read in one of the other posts that if we are in the UK, then SICK leaves are not counted towards the 4-week limit. Is that true?
indefinite-leave-to-remain/impact-of-si ... l#p1848687
Sick leave is treated differently
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

chatgpt
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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by chatgpt » Wed Nov 01, 2023 12:11 pm

So, sick unpaid leaves can be taken for more than 4 weeks and it won't affect ILR/BC application?

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Re: Unpaid leaves affecting ILR - Skilled Worker Visa Primary

Post by zimba » Wed Nov 01, 2023 12:25 pm

chatgpt wrote:
Wed Nov 01, 2023 12:11 pm
So, sick unpaid leaves can be taken for more than 4 weeks and it won't affect ILR/BC application?
As I pointed out, this is part of the sponsor's duties NOT the rules. The sponsor must stop sponsoring you if you take 4 weeks of unpaid leave but not if that period was taken as sick leave. This is ALL up to the sponsor to act. If they decide to stop sponsoring you then you cannot get ILR. The rules do NOT impose any restrictions on their own, so if your sponsor does not stop sponsoring your ILR should not be affected. This is different from failing a given requirement under the rules
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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