Reagrding going on leave for a month, Tier 2 General

[layman2016]

Hi all,
Curently on a Tier 2 VISA and expires on July 2017.

I am going out of country for like a month for a personal reason.
I have already taken all my holidays before so I won't get any salary for that month.

So the question is, do my office has to inform to UKVI, that I am going for a month and won't be paid?

I am due to extend my VISA in June.

Kind Regards
kumar

[layman2016]

Can anyone bring some light to this question please?

[ShrutiBlue]

According to the Sponsor Guidance for Tier 2 visa, the migrant is only allowed 4 weeks of unpaid leave in total in one year. The sponsor has to notify the UKVI using the SMS. If its more than 4 weeks then the sponsor would have to stop sponsoring you.

[iworker]

the above information is wrong. Not only the guidance doesnt talk about leave, 4 week holiday in uk is illegal. The min requirement of leave is more than that.

[ShrutiBlue]

26.18 You must not continue to sponsor a migrant who is absent from work without pay for 4 weeks or more in total, other than for the reasons listed above. You must report this using your SMS account. This applies whether the migrant is absent from work over a single period or more than one period during any calendar year (1 January to 31 December). The 4 weeks is calculated according to the migrant’s normal working pattern.
An example of this is if the migrant works 3 days per week (3 days x 4 weeks) it would be 12 working days.
26.19 If a sponsored migrant wishes to take a longer period of other unpaid leave, such as a sabbatical, you must stop sponsoring them and report this using your SMS account.

This is from the Tier 2 and 5: Guidance for Sponsors

[paradoxical]

I had a similar understanding as mentioned by "ShrutiBlue". In my case, it was provided by the immigration office of the organization where I work. It is a very large organization and have a separate office for dealing with Tier2/Tier 5 migrants.

[layman2016]

But my office does not have any problem that I am leaving for a month.
Also I have told them that if any urgent works comes up , I will do remotely and they are okay with it.

IF my employer continues me sponsoring, is it considered as illigal.

I am due to extend my VISA in June 2017. This is not good...oh gosh...


Kind regards
layman2016

[ShrutiBlue]

Well 4 weeks is 28 days, so maybe you can reduce the number of days you're going away for by a couple of days? Or maybe make up the time for the extra days by working some extra hours before you leave or after you return?

[layman2016]

Well 4 weeks is 28 days, so maybe you can reduce the number of days you're going away for by a couple of days? Or maybe make up the time for the extra days by working some extra hours before you leave or after you return?

Thanks for the quick reply Shruti.
This may sound silly, but how will they know if I am being paid or not?

And suppose say when i come back and i worked extra hours even during weekends, how are they going to know that I have been working an extra hours of work?

kind regards
layman2016

[ShrutiBlue]

You mean the UKVI?

Well I suppose you could come to an arrangement with your company with this. If you say you will work the equivalent of 5 extra days, they can just report on the SMS that you were away for however long you're going for minus those 5 days.

I'm just thinking out loud here, that's what I would do. I don't know if it will work or not, but I don't see why it shouldn't. You will be making up the time over the weekend or by leaving a couple of hours late on a weekday. As far as the UKVI and your company is concerned (if they agree to this), you still worked the number of hours you would on those 5 days.

Oh and the UKVI probably do have access to your PAYE information to see if you're being paid or not. You and your company probably wouldn't want to take the risk of reporting any wrong information.

[layman2016]

You mean the UKVI?

Well I suppose you could come to an arrangement with your company with this. If you say you will work the equivalent of 5 extra days, they can just report on the SMS that you were away for however long you're going for minus those 5 days.

I'm just thinking out loud here, that's what I would do. I don't know if it will work or not, but I don't see why it shouldn't. You will be making up the time over the weekend or by leaving a couple of hours late on a weekday. As far as the UKVI and your company is concerned (if they agree to this), you still worked the number of hours you would on those 5 days.

Oh and the UKVI probably do have access to your PAYE information to see if you're being paid or not. You and your company probably wouldn't want to take the risk of reporting any wrong information.

Thanks again Shruti for your quick reply..

kind regards
layman

[iworker]

the OP is not going to be absent.
He/she is going to be on leave. there is a difference between two. Paid or unpaid leave is still leave.. there are many other kinds of leave too.. like sick leave, paternity leave etc.
Absent means not turning up to work without any reason and without telling anyone.

[ShrutiBlue]

the OP is not going to be absent.
He/she is going to be on leave. there is a difference between two. Paid or unpaid leave is still leave.. there are many other kinds of leave too.. like sick leave, paternity leave etc.
Absent means not turning up to work without any reason and without telling anyone.

26.19 If a sponsored migrant wishes to take a longer period of other unpaid leave, such as a sabbatical, you must stop sponsoring them and report this using your SMS account.

But this paragraph does mention the words "unpaid leave". So I am just assuming that this refers to what they have mentioned in the paragraph before this, that we are still only allowed to take 4 weeks of unpaid leave/absence.

[layman2016]

the OP is not going to be absent.
He/she is going to be on leave. there is a difference between two. Paid or unpaid leave is still leave.. there are many other kinds of leave too.. like sick leave, paternity leave etc.
Absent means not turning up to work without any reason and without telling anyone.

26.19 If a sponsored migrant wishes to take a longer period of other unpaid leave, such as a sabbatical, you must stop sponsoring them and report this using your SMS account.

But this paragraph does mention the words "unpaid leave". So I am just assuming that this refers to what they have mentioned in the paragraph before this, that we are still only allowed to take 4 weeks of unpaid leave/absence.

Hi again,
what if my company agrees to pay? and they will tell UKVI that i willbe working remotely.
is there a way to tell them that I will be working remotely during those periods?

Kind regards
layman

[ShrutiBlue]

Well I suppose in that case its not unpaid leave anyway, is it? Its just working from home, which several people do. I have a friend who was employed by a company in Norwich on Tier 2 general but would "work-from-home" from Edinburgh where he moved after his wife got a job there.

I guess if you're putting in the hours, performing all your duties, it shouldn't matter if you're physically in the premises of your company. But you may still want to consult the immigration department in your company, they probably have more knowledge on this subject!

[layman2016]

Well I suppose in that case its not unpaid leave anyway, is it? Its just working from home, which several people do. I have a friend who was employed by a company in Norwich on Tier 2 general but would "work-from-home" from Edinburgh where he moved after his wife got a job there.

I guess if you're putting in the hours, performing all your duties, it shouldn't matter if you're physically in the premises of your company. But you may still want to consult the immigration department in your company, they probably have more knowledge on this subject!

thank you so much Shruti for your quick reply..

kind regards
layman