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LTR - Leave Without Pay Absence From UK During 5YR Period

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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Monty1968
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Joined: Mon Oct 24, 2011 10:45 pm

LTR - Leave Without Pay Absence From UK During 5YR Period

Post by Monty1968 » Mon Oct 24, 2011 11:11 pm

Hi,
I may to be eligible to apply for LTR in January 2012 as I started work in the UK in January 2007.
However I took roughly 3 months unpaid leave off work last year to visit Australia which is where I'm from.
This amounted to a total of 85days outside the UK and was leave without pay while still being effectively employed.
I've worked for 3 different companies here in the UK since starting work in January 2007.
I was initially on a work permit and changed to a Tier 2 General VISA in June this year.
I had a couple of weeks off between jobs (maybe 3 weeks total in 2 spells) and have had some paid holidays outside the UK for a total of about 60 days during the five years.
My questions are:
1. Does the 3 months of unpaid leave in Australia prevent me from applying for LTR in January?
2. If so do I have to work for an extra 3 months to make up the time or do I have to start again!?
3. Do the other times between jobs create a similar problem?
I hope the questions make sense.
Any thoughts would be greatly appreciated.

geriatrix
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Post by geriatrix » Mon Oct 24, 2011 11:17 pm

What is the total number of absences from UK since Jan 2007?
How many of these have been on account of work-related overseas assignments or absences corresponding to (paid) annual leaves?
Life isn't fair, but you can be!

Monty1968
Newly Registered
Posts: 8
Joined: Mon Oct 24, 2011 10:45 pm

Post by Monty1968 » Tue Oct 25, 2011 8:07 am

Thanks for your reply.
My total time outside the UK over the five year period will be:
59 days outside the UK on paid leave (on holidays).
85 days outside the UK on unpaid leave.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Oct 25, 2011 9:44 am

Make sure you get a letter from the then employer to certify that the 85 days leave was authorised and that you were required to return to work and that you did.

The fact that you did not get paid during those 85 days weighs against you but such a letter from the employer should help convincing the caseworker that there was no intention to break "continuous residence" and that you returned to UK to continue your employment here and live here.

So even if these 85 days absence is treated as "absence for personal reasons" and is not disregarded, you are well below the 180 days limit.

IMHO ....
Life isn't fair, but you can be!

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