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Absence with valid visa between employments

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Mona123
Newly Registered
Posts: 2
Joined: Tue Nov 13, 2018 12:49 pm
Pakistan

Absence with valid visa between employments

Post by Mona123 » Tue Nov 13, 2018 1:00 pm

Hello everyone!!

Can someone please help me with a query?
I am currently main applicant on tier 2 general visa. My ILR process is expected to start in 2 years.
I came here in UK in November 2015 on one year visa with my family. My visa was expiring in September 2016 but my job contract was ending in November. So my hospital gave me a 3 year Cos and i extended my visa in September 2016. However as my contract ended on 30th November 2016, they interviewed me for a permanent post and my new job in the same hospital started on 03rd February 2017. During this period (december and january) i went abroad for 54 days. In this period abroad i had a valid visa but my job had not started. My question is that will this 54 days absence( as it was unpaid because my job had not re started) will effect my ILR application? And do i need the letter explaining this absence from hospital or need to write myself?

I will be highly obliged if someone can answer.
Regards.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Absence with valid visa between employments

Post by cyclina1 » Tue Nov 13, 2018 5:51 pm

This is quite a tricky situation. Is your new job the same as the old one? It must be the same job that fit the same SOC code. Anyway, once your contract ended in NOV 2016, the hospital should inform the HO that you are not employed, but it seems that they didn't do so, as they are going to employ you permanently on FEB 2017. So you have a period of unemployment, this is NOT counted as unpaid leave, because this is not the leave within your employed period.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

Mona123
Newly Registered
Posts: 2
Joined: Tue Nov 13, 2018 12:49 pm
Pakistan

Re: Absence with valid visa between employments

Post by Mona123 » Tue Nov 13, 2018 6:33 pm

Hi, thank you very much for your reply.
Yes it was the same SOC code. The only difference was that the previous was locum and next permanent.
If it is not unpaid leave then do you think it will affect continuity for ILR? And would i need to write a letter myself to explain this sort of absence?
Many thanks!!

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