ILR with unpaid leave during employment

[KayPee]

Hello,

I've been on eligible visa categories, for ILR, for over 5 years now (WP + Tier1).

Visa Approval and annual leave dates are listed as below:

17-11-2008 - Work Permit obtained (in India)
22-11-2008 - Entry Clearance at UK Port
29-06-2009 - Tier 1 Initial Grant
03-10-2009 - 03-11-2009 - unpaid leave (32 days)
24-10-2010 - 22-11-2010 - paid annual leave (29 days)
09-10-2011 - 12-11-2011 - paid annual leave (35 days)
01-10-2012 - Tier 1 Extension Granted
19-11-2012 - 23-12-2012 - paid annual leave (35 days)
12-10-2013 - 16-11-2013 - paid annual leave (36 days)
Total days - 167

The scene was set such as that before my unpaid leave I had secured employment on 01-09-2009 before I asked my employer for that annual leave. And luckily they allowed me as well. Would this unpaid leave be the reason to break my continuity for ILR? I have seen quite a few responses from UKBA on this very forum saying that unpaid leave DOES break the continuity. Any expert guidance will be greatly appreciated.

Thanks in advance.[/u]

[wpilr_nov12]

you will find your answers among the FAQs above. Things are not looking bad for you on this issue.

[KayPee]

you will find your answers among the FAQs above. Things are not looking bad for you on this issue.

Thanks for your reply. I did try FAQ before posting the new topic, but couldn't find anything regarding 'unpaid leave' in specific, thus the question.

Could you or anyone shed a bit more light on unpaid leave? Or if anyone has been under same situation, please share your ILR experience. Any help is appreciated.

[KayPee]

Anyone yet? Kindly advice, please.

[KayPee]

I had mailed UKBA for the same and this is what they replied

Thank you for your query regarding settlement and the continuous residence requirement.



You must give reasons for all absences which must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling or compassionate reason. If the unpaid leave was for compelling or compassionate reasons, you must provide reasons. If the absences are connected to other employment outside the UK, which demonstrate that the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.



For settlement purposes you will be required to obtain points for previous earnings and support this with evidence such as previous payslips. This should be for a 12 month period and this must run consecutively and fall within 15 months immediately preceding the application. You need to provide 2 different types of specified documentation from 2 separate sources to support this as outlined in appendix A of the Immigration Rules, this can be found on our website at http://www.ukba.homeoffice.gov.uk/polic ... appendixa/



Any absences from the UK during the five years must have been for a purpose that is consistent with your basis of stay here, including annual leave or for serious or compelling reasons.



Evidence you will be asked to provide:



· for periods where you were in employment; a letter from your employer detailing the purpose and period of any absences in connection with the employment, including periods of annual leave.

· for periods of self-employment; a personal letter detailing the purpose and period of absences in relation to self-employment activities.

· a personal letter which includes full details of the reasons for absences and all original supporting documents in relation to those reasons, for example medical certificates and information about the reasons which led to the absence from the UK.



I hope this information is helpful, however, you may wish to visit our website for further information relating to the continuous residence period http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

Though this forum has quite a few cases where unpaid leave has been overlooked. Can anyone please shed more light on the case and advice accordingly?????[/quote]

[Yash001]

Since you were on Tier-1 before your unpaid leave, you don't need to worry about. Just mention in your cover letter as annual leave

[KayPee]

Since you were on Tier-1 before your unpaid leave, you don't need to worry about. Just mention in your cover letter as annual leave

You mean to say that I shall just refer it as annual leave in my personal letter that I'm supposed list all my absences in?

[Yash001]

Yes

[KayPee]

Yes

Thanks. What shall I put down as a reason in the ILR form though?