Sick leave while awaiting a spouse visa decision

[brother88]

Hi,

I wanted to ask if anyone was on sick leave while they were waiting for a decision on a spouse visa.

I am due to have an operation but have been delaying it due to the fear that if HO calls my employer that my sick leave will somehow affect the spouse visa decision.

Can anyone please advise on this?

[b4r1786]

Hi

How long has it been since you applied?

And how long will you be off for due to the operation?

[brother88]

I applied in June, standard.

My doctor said I should be all healed in 3 weeks, elbow surgery so not major.

I don't have a confirmed date yet as I haven't committed to a date due to my worries about the effect on the visa application.

[CR001]

It should not affect the spouse visa. The decision for the spouse visa will be based on the documents submitted. If they phone your employer, being on sick leave due to surgery is not an issue.

[b4r1786]

If I were you the only concern I would have is that if the visa is rejected and you resubmit, then you would have to make 6 months of earnings over £18600 from the point of resubmission. However, if you would automatically appeal then this would not really be a concern.

Is it a serious reason why you require the operation? If it is only causing you mild discomfort, personally I would wait but only you can make the decision.

[brother88]

If I were you the only concern I would have is that if the visa is rejected and you resubmit, then you would have to make 6 months of earnings over £18600 from the point of resubmission. However, if you would automatically appeal then this would not really be a concern.

Is it a serious reason why you require the operation? If it is only causing you mild discomfort, personally I would wait but only you can make the decision.

I currently earn more than £18600 and will continue to get paid during the sick leave period. My case is straightforward so don't see any reason for rejection.

The reason for the op is that it is affecting my work, I have to move goods, and I've been in pain for months now. also thought if i get it done now and heal up while waiting for visa then i can go and accompany my wife to uk from pak without issues on my mind.

[b4r1786]

Hi

If you're getting paid then there is no problem at all. I thought you may be on reduced wages for the three weeks which may take you under the threshold.

Go ahead and have the operation.