Unpaid Leave query for ILR application

azee_cw1 · Post by **azee_cw1** » Thu Feb 28, 2013 12:34 pm

Hi,
I had to take unpaid leave due to illness and bereavement of a family member for 5 weeks. I am on Tier 1 general and going to apply for ILR in May.

My total absences are still below 180 in five years with not exceeding 90 days in any single year.

Is it going to be an issue? Do I have to provide evidence even though it is below the limit?

Any help/answer will be greatly appreciated.

Regards
Azee

shahid2000 · Post by **shahid2000** » Thu Feb 28, 2013 1:37 pm

azee_cw1 wrote:Hi,
I had to take unpaid leave due to illness and bereavement of a family member for 5 weeks. I am on Tier 1 general and going to apply for ILR in May.

My total absences are still below 180 in five years with not exceeding 90 days in any single year.

Is it going to be an issue? Do I have to provide evidence even though it is below the limit?

Any help/answer will be greatly appreciated.

Regards
Azee

I dont think it will cause any issues as long as you provide evidence that it was due to a compassionate/compelling reason.

docmac80 · Post by **docmac80** » Thu Feb 28, 2013 9:49 pm

Have a read of paragraph 245AAA ( part a) and b) ) in the immigration rules....does your absences comply with these rules? This seems to define whether ones 5 year qualifying period remain unbroken or not.....

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

wpilr_nov12 · Post by **wpilr_nov12** » Thu Feb 28, 2013 10:29 pm

When was that absence?

RJ - India · Post by **RJ - India** » Tue Apr 16, 2013 4:32 pm

in 5 years of working with the same employer, i have only had 2 weeks unpaid leave in early 2012 to attend my brother's wedding. I am due to apply at the end of this year and very worried from the recent discussion about unpaid leave breaking continuity of residence...

I had taken these 2 weeks off unpaid in addition to my remaining 1 week of paid annual leave from my 2011/12 quota, to travel to India for a total of 3 weeks...

Any thoughts what approach would they take to this?
Can a family wedding be considered 'compelling' circumstances??

RJ - India · Post by **RJ - India** » Wed Apr 17, 2013 4:34 pm

I'd be very grateful for a response.... thanks in anticipation.

ldbright · Post by **ldbright** » Wed Apr 17, 2013 5:22 pm

Why these days are unpaid? Is it because you were employed but used up all your holiday allowance therefore they were unpaid, or you were unemployed at the time? I think your case would be harder to argue if it is the latter.

RJ - India wrote:in 5 years of working with the same employer, i have only had 2 weeks unpaid leave in early 2012 to attend my brother's wedding. I am due to apply at the end of this year and very worried from the recent discussion about unpaid leave breaking continuity of residence...

I had taken these 2 weeks off unpaid in addition to my remaining 1 week of paid annual leave from my 2011/12 quota, to travel to India for a total of 3 weeks...

Any thoughts what approach would they take to this?
Can a family wedding be considered 'compelling' circumstances??

RJ - India · Post by **RJ - India** » Wed Apr 17, 2013 5:30 pm

I was very much employed but had used up all my most of my allowance for year 2011/12. So I added 2 weeks unpaid to 1 week paid holiday - which my manager approved. I have been working with the same organisation since 2007 and can get a letter with details of all leave.

ldbright · Post by **ldbright** » Wed Apr 17, 2013 5:59 pm

RJ - India wrote:I was very much employed but had used up all my most of my allowance for year 2011/12. So I added 2 weeks unpaid to 1 week paid holiday - which my manager approved. I have been working with the same organisation since 2007 and can get a letter with details of all leave.

Maybe write a letter to explain that you have every intention to comeback and work and you are in continuous employment.

When are you going to attend PEO?

RJ - India · Post by **RJ - India** » Wed Apr 17, 2013 7:43 pm

not for a few months yet... just getting very worried seeing the discussions...

ldbright · Post by **ldbright** » Wed Apr 17, 2013 10:52 pm

RJ - India wrote:not for a few months yet... just getting very worried seeing the discussions...

Try to seek advice from a professional immigration lawyer.

RJ - India · Post by **RJ - India** » Thu May 09, 2013 9:37 am

Has anyone managed this yet? ILR with unpaid leave - not between jobs but while employed n agreed by employer... I have seen examples of the unpaid leave between jobs on the forum, but not where unpaid leave was taken approved by employer... help please!

pegakrishna · Post by **pegakrishna** » Thu May 09, 2013 10:59 am

RJ - India wrote:Has anyone managed this yet? ILR with unpaid leave - not between jobs but while employed n agreed by employer... I have seen examples of the unpaid leave between jobs on the forum, but not where unpaid leave was taken approved by employer... help please!

RJ, I'm also similar situation like yours. Just a personal cover letter and Employer Letter to confirm Unpaid absence is more than suffice.

Refer this link for ILR success similar to our situation http://www.immigrationboards.com/viewtopic.php?t=133312

RJ - India · Post by **RJ - India** » Thu May 09, 2013 11:08 am

Thank you so much for your response n the link!
Good luck for your application

Kevin24 · Post by **Kevin24** » Thu May 09, 2013 8:47 pm

RJ - India wrote:I'd be very grateful for a response.... thanks in anticipation.

I wrote a Compassionate Note and supported with original Copy of Death Certificate. CW checked with the Employer's letter and was satisfied. I was away for 7 days. But it was paid by My Employer.

RJ - India · Post by **RJ - India** » Fri May 10, 2013 4:35 pm

[quote="Kevin24"][quote="RJ - India"]I'd be very grateful for a response.... thanks in anticipation.[/quote]

I wrote a Compassionate Note and supported with original Copy of Death Certificate. CW checked with the Employer's letter and was satisfied. I was away for 7 days. But it was paid by My Employer.[/quote]

Thanks Kevin... My worry is that they may not be as sympathetic about a family wedding... I have got the wedding card, which also names me & my husband in 'with best compliments from'... do you think it would work?

If only I had known that unpaid leave would be a problem, I would have just gone for 1 week instead of 3

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Unpaid Leave query for ILR application

Unpaid Leave query for ILR application

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