Tier2 general max days outside UK

[ds_info]

Hi,

I am willing to go my hometown for more than 30 days and i checked Tier 2 Guidelines which states that the visa may be curtailed if "You cease to work for the Sponsor for a period of one calendar month or more except where your absence is solely due to maternity, paternity or adoption leave or sick leave."

Can you please tell me its related to both paid and unpaid leave and is it mentioned that i can travel for 180 days or 30 days?

Does it effects ILR or visa extension?

Thanks
Diya

[moonlight55]

If you are going on leave (and your employer is in agreement), you are not ceasing working with the employer. You will still be on employer's payroll and you're taking time-off. Hence, this does not apply in your case.

You can go on a 30-day vacation. However, for safety purposes, I would recommend you carry a letter from your employer stating that you are going on vacation from xxx date until xxx date and is expected back to commence work from xxx date. You can show this letter to immigration if they query you while coming back.

[ds_info]

Thanks for the information moonlight55

I am travelling for total 31 days and will be on annual leave only or working from home (india) so it will be paid leave with employer agreement.

So can you tell me there can be chances of problem while coming back, visa extension and ILR if i will not take letter from my employer?

Regards,
Diya

[moonlight55]

I don't see any issues as long as you are employed. The letter might be helpful if you are questioned at the immigration counter while coming back. It's not mandatory, just a recommendation.

[ds_info]

Thanks a lot

And i guess my dependent would also be allowed to travel for 31 days or should ask for letter from his company as well ?

[moonlight55]

Dependants should be fine.

[Sid_details]

Hi moonlight55

I have checked on uk gov site
https://www.gov.uk/government/uploads/s ... _08-14.pdf

page 51 of above document para 228 point 4

• You cease to work for the Sponsor for a period of one calendar month or more except
where your absence is solely due to maternity, paternity or adoption leave or sick
leave.

They didn't mention anything for annual leave or holidays, only above specific leaves allowed for tier 2 and on tier 2 we cannot stay until employed and on payroll so we can only take leaves. If that's the case what they mean by cease to work as stop working is not at all possible with tier 2 to stay in uk else have to go back.

Can you please explain as this point(4) is very confusing

Thanks,
Sid

[moonlight55]

When you go on "vacation", you do not "cease" to work for the employer. You continue to be on the payroll of the employer as long as employer themselves do not report to UKVI that you are missing for a month! Hence, I mentioned that always get an agreement from your employer about your leaves and preferably carry the letter I mentioned above.

[Sid_details]

Thanks for the reply, i was confused as they mentioned for other leaves (paternity,sick) and in that also we will be on payroll only and will not be cease to work as will get salary for these leaves as well so why they mentioned theses specific leaves?

Regards,
Sid

[Sid_details]

Hi Moonlight,

Can you please explain why they mentioned these specific leaves(paternity, sick) as on them also I will be on payroll.I will really appreciate your help as have to plan my travel soon.

Many thanks,
Sid