is unpaid sabbatical leave allowed in WP? URGENT PLEASE!!

[ENNAFOM]

Hi all,

can anyone advise if unpaid sabbatical leave invalidate work permit? my five year work permit expires in April. however i have been on unpaid sabbatical leave for the past five months. I will be returning to my employer with same contract of employment. I have been with the same employer for the entire period.

Is unpaid sabbatical leave allowed in work permit?
Is there any chance of success for ILR?
Which is the best option?

please advise

[Lark0123]

I dont believe that is allowed. You have to be continually employed (economically active) during a 5 year period on a work permit. You will need to see a lawyer to make a judgement on this and for them to fight your case.

[ENNAFOM]

I dont believe that is allowed. You have to be continually employed (economically active) during a 5 year period on a work permit. You will need to see a lawyer to make a judgement on this and for them to fight your case.

even if it was authorised by the company?

[xyz123]

I dont believe that is allowed. You have to be continually employed (economically active) during a 5 year period on a work permit. You will need to see a lawyer to make a judgement on this and for them to fight your case.

even if it was authorised by the company?

you better get a lawyer. Whole argument for granting someone a work permit is that there is a shortage of skills in european union and if you are on authorised leave that means comapny can function without you....so how do you think you are satisfying "work permit" criteria?

as said get a lawyer. i am sure those legal brains will find a way for you.

[ENNAFOM]

I dont believe that is allowed. You have to be continually employed (economically active) during a 5 year period on a work permit. You will need to see a lawyer to make a judgement on this and for them to fight your case.

even if it was authorised by the company?

you better get a lawyer. Whole argument for granting someone a work permit is that there is a shortage of skills in european union and if you are on authorised leave that means comapny can function without you....so how do you think you are satisfying "work permit" criteria?

as said get a lawyer. i am sure those legal brains will find a way for you.

thanks for your advise. will get a lawyer then. may have to go tier1 or extension if possible.

[Pierrot95]

You have a tricky case:
- There is no requirement about "continuous employment" to qualify for ILR as a WP holder. The requirement us about "continuous validity of the work permit"
- If the HO came to know about your unpaid leave, they would certainly have cancelled your WP. Read the guidance on technical change of employment and you will see that the flexibility of work permit is VERY limited.
So the question to discuss with your lawyer is: since you didn't keep to the conditions of your WP, is it cancelled automatically or does the HO needs to formally cancel it? If the latter, you have a good case.

All the best.

[Pierrot95]

ENNAFOM, in response to your PM

I think the key issue in your case is not being on leave, it is being unpaid. I can't see how HO could tolerate this.
If someone takes unpaid leave for training, I suspect that they can refuse ILR on the basis that the requirement 134 (ii) referring to 128 (iii) is not met: you should be capable of undertaking your employment throughout your leave as a WP holder.

I should add that this is only my understanding of the rules.