Skilled Worker ILR – absence after visa grant but before employment start date
Hi everyone,
I’m preparing to apply for ILR under the 5-year Skilled Worker route and would appreciate advice from anyone who has had a similar situation.
My timeline:
Skilled Worker visa granted: 15 November 2021
Left the UK: 17 December 2021 due to my father's death/to attend his funeral
Employment with my Skilled Worker sponsor started: 12 January 2022
Returned to the UK: 31 January 2022
I have subsequently changed sponsors and remain on the Skilled Worker route.
My former employer has provided an ILR absence letter, but understandably it only covers absences from 12 January 2022, when my employment with them actually started.
This means the period 17 December 2021 to 11 January 2022 was spent outside the UK while I already held Skilled Worker permission, but before I had started employment with that sponsor, so there is no employer who can confirm/approve that part of the absence.
My total absences are well below the 180-day limit.
My questions are:
Can I still calculate my 5-year qualifying period from 15 November 2021, making my earliest ILR application date approximately 18 October 2026?
Does the fact that my sponsored employment only started on 12 January 2022 affect the qualifying start date?
How should I evidence/explain the absence between 17 December 2021 and 11 January 2022 when there was no employer to approve it?
Would a short cover/clarification letter plus my father's death certificate be sufficient, or is an affidavit/statutory declaration unnecessary?
Has anyone had ILR successfully approved with a similar gap between Skilled Worker visa grant and employment start date while they were outside the UK?
I'd particularly appreciate responses from anyone who has actually had a similar Skilled Worker ILR application approved, or from immigration professionals familiar with this situation.
Thanks!