ILR - T2 General - Permitted Absences (Paid Annual Leaves)

[anub2016]

Hi,

I am currently on T2 General visa and a Permanent employee for the sponsor & I'm entitled to 25 days of Paid Annual Leaves.

I am planning to visit my Family in my Home country from 14 April 2017 to 14 May 2017 which would require 18 days of my Annual leave balance as this period also includes 3 Bank Holidays on 14 April, 17 April and 1 May.

Please could you advise if this would be permitted as per ILR requirements. Also, would this require a letter from my employer certifying my absence?

In general, does the 180 days rule hold valid for T2 General & can a T2 General Sponsored employee remain outside the UK for days more than the Paid Annual Leaves and what evidence would be required in that case?

Many Thanks.

[anub2016]

I would be very grateful if the experts/senior members could please reply to my query as soon as possible.

Many Thanks.

[plabo]

that is allowed

ur employer just needs to clarify that the bank holidays are PAID!

[anub2016]

I appreciate your reply. Thank you.

Does that mean I can never be absent from the UK outside my Paid Annual Leaves (25 days per annum) during the 5 year period?

Does the 180 day rule not hold valid for a Tier 2 General migrant?

Many Thanks.

[anub2016]

Could Amber or the Moderators/Experts please reply to my query as this is a crucial requirement for ILR?

Many Thanks.

[anoops1984]

Does that mean I can never be absent from the UK outside my Paid Annual Leaves (25 days per annum) during the 5 year period?
There is no rule like that. The number of absences shouldn't be more than 180 days in any qualification year.

Does the 180 day rule not hold valid for a Tier 2 General migrant?
180 day rule is valid for all point based system main applicants.

[plabo]

I appreciate your reply. Thank you.

Does that mean I can never be absent from the UK outside my Paid Annual Leaves (25 days per annum) during the 5 year period?

Does the 180 day rule not hold valid for a Tier 2 General migrant?

Many Thanks.

You can remain outside of UK for 180 days in any one year out of the 5 years!

BUT the annual leaves you have taken should be PAID and NOT Unpaid! If your employer can state that the annual leaves taken were ALL PAID, then that is not going to be a problem.

I am clearly unsure what will happen if a Tier 2 takes any UNPAID leave!

What ever the leaves are from, either (Annual/Bank holidays), they should be PAID leaves. If you are allowed 25 days leave in a year and your employer is happy to give you 30 days leaves in a year, those extra 5 days should be PAID leaves and the employer will have to state it on the letter.

Please see this link:

https://www.gov.uk/government/uploads/s ... _04-16.pdf

Go to page 22 and section 6.3 stating:

What evidence has been provided to support the reasons for all absences from the UK?

and the 1st point is:

Letter(s) from employer(s) detailing reasons for work-related absences including periods of PAID annual leave from the UK?

Have I got the query answered correctly or you have a different view on this?