Tier 2 Unpaid Leave

[MDK88]

Having not received any guidance from UKVI or my sponsor, I would be grateful for some advice on the following matter.

My Tier 2 application was approved on June 13 in the UK and I received my BRP on June 16. I left the UK on June 19 and am planning to fly back to the UK to start work. Start date on CoS is July 1 but I have agreed with HR to start on July 28. HR keeps telling me that I am on unpaid leave and that I need to come back to the UK within 28 days of leaving (28 days from June 19 which would be before July 17). Does unpaid leave apply to me as I have not yet started work?

I would like to fly back to the UK closer to July 28 so that I can spend some more time with my family. This confusion is really not helping and some guidance would be great!

[Djsuccess]

Although you have not resumed working for them, the company has already resumed sponsorship duty from the start date of your visa. So from July 1, they become responsible and required to report to UKVI if you have not resumed after certain weeks of your cos start day. While it might be possible for the HR to allow you to resume late without using it as unpaid leave, they will then have to inform UKVI that your start date has changed. There is a limit to the number of unpaid leave you can take in a year. You don't want to create bad impression with company you have not started working for and also don't want to cause future visa problems for yourself.
I will advise you return to UK as soon as you can. You can always go back to spend time with the family after settling down on your new job.

In fact taking 28 days unpaid leave will be reported to UKVI because it will affect your income. And if for any reason your income falls below the required salary because of the unpaid leave, UKVI might take it as you not earning adequate salary and then revoke your visa.

It is evident that the HR is sending you a message by making it an unpaid leave for you. If your understand the message, you will get back to UK ASAP.

I think you have 3 options

1. End your holiday and go by to UK. Because you were aware of your cos start date before you traveled.
2. The HR informs UKVI about change in start date and tell them why you are not able to resume as stated on your cos
3. The HR informs UKVI that you have taken unpaid leave immediately for 28 days.


It sounds like a simple thing but it could become a big issue. I am not trying to scare you. But you need to understand that you don't have that high level of freedom when you're on tier 2.
All the best.