ILR from Tier 2 - Unpaid Absences?

[Aragon1]

Hi all,

I'm currently on a Tier 2 (General) visa and will be able to apply for ILR in May. However, going through various threads in this forum, it looks like I might have some unpaid absences.

My employer allows 'purchasing' additional annual leaves from our HR portal. In 2014, I used this option and 'bought' 10 leaves in addition to the contractual 25 days (making the total 35). The cost was then clawed back in 12 instalments from my paycheck. The additional leave was used for arranging our wedding abroad and made the total days outside the UK in that 12-month block to 40 (when including weekends etc.).

I was wondering what are the implications of this on my ILR eligibility. Did I break the continuous stay requirement? Would providing the absence details/employer letter convince the case worker?

I would greatly appreciate your insights.

Many thanks,
A

[Aragon1]

Apologies for the bump but can anyone help?

[Akorotaeva]

Should be fine as you're allowed up to 4 weeks of unpaid leave per year.

Do get a letter confirming the "leave buy" scheme from your employer to be safe.

[Aragon1]

Thanks Akorotaeva.

I didn't know there was a 4 week non-paid leave allowance; I'll definitely look in to that. Do you happen to know if it's mentioned in any of the ILR policy documents?

[Akorotaeva]

"323AA Prohibited changes to employment for Tier 2 Migrants and Tier 5 Migrants
The following are prohibited changes, unless a further application for leave to remain is granted which expressly permits the changes:
(a) The migrant is absent from work without pay for four weeks or more in total, according to his/her normal working pattern (whether over a single period or more than one period), during any calendar year (1 January to 31 December)"