University lecturer and work permit

[mkniazi]

I am University lecturer and on 5 years work permit till Oct 2010. I am going to take research leave (Sabbatical) for 3 years (un paid leave). However, I will remain employee of my university. I would like to know:

1. Can my family live in the UK during my absence (currently my family is living with me as work permit dependents)?
2. What will happen to my work permit after Oct 2010?
3. If I move to Tier 1 then my 4 years of work permit will be counted towards ILR.

Please reply me

MKNIAZI

[PaperPusher]

1. Can my family live in the UK during my absence (currently my family is living with me as work permit dependents)?
2. What will happen to my work permit after Oct 2010?
3. If I move to Tier 1 then my 4 years of work permit will be counted towards ILR.

1. If you were on holiday for example, then yes. If you are no longer working for your employer and leave the UK, in my opinion no.
2. It should get revoked before that if you take a three year sabbatical
3. You can read the immigration rules on the UK Border Agency website

A sabatical isn't the same as a holiday, unpaid leave due to personal circumstances or maternity leave. Your employer clearly does not need you during those three years, will not be paying you & I really doubt that you will be able to stay in the UK as a work permit holder.

I doubt you would be able to apply for ILR as a work permit holder in 2010.

Why not wait until 2010 to take three years out.

[mkniazi]

Thanks PaperPusher

However, my workpermit will not be cancelled as I will remain an employee of my University. Hence my university will not send any cancelation to HO. I know after 5 years I will not qualify for ILR. But is it possible to get extension of my workpermit when it expires in Oct 2010.

Cheers

[PaperPusher]

Why don't you talk to the HR department about your work permit situation.

[gordon]

I concur that the OP should discuss his work permit situation with the personnel officer in his department.

I work in a university, and am aware that my department and the university are wary of the new tier 2 system and licensing procedures. Whilst it may well have been the case that you could have gone on leave for three years under the old system, it is not clear that you would be able to do so under the new system. Deviations and breach of terms for work permits nowadays can lead to the suspension of the licence (ie, of the university), so we've been very cautious.

If you are going on research leave for three years, and are going to be out of the country, I infer that you either are taking up a three-year non-permanent research appointment elsewhere, or you have obtained extramural funding to conduct your research abroad. If it is the former, then it will be very hard for the university to make the case that your work permit should be renewed in 2010 (1 year into your sabbatical) for your inactive appointment - rather, the university should simply let your work permit lapse and then reissue it on your return in 2012.

If you've received extramural funding (a research fellowship, for instance), then you might consider running the funding through the university (and thus have your salary paid in the UK). It would mean that you functionally would still be based here, even if you go abroad for research purposes, even for a few months at a stretch. The work permit could be renewed as normal because you would remain an actively salaried employee of the university. And of course, your family could remain, as their dependant visas would continue valid against your continuous salaried employment.

AG