ILR - continuous period in UK T1(G)

[tier1app]

Evening all,

I am on T1(G) since 01/09/2008, moved permanently to the UK since 25/08/10, and had 2 extensions.

Given you are now allowed 180 per year, and 90 days between entry clearance & arrival, I intend to apply for ILR in June this year.

01/06/2015-31/05/2014: 115*
01/06/2014-31/05/2013: 56*
01/06/2013-31/05/2012: 48
01/06/2012-31/05/2011: 28
01/06/2011-31/05/2010: 27 (+85) = 112
(*There was an absence of 116 days from May to September 2014 for which I have a medical certificate for.)

With the information above, can I please have some valuable comments on:
1. I read this piece of immigration rule correctly and have not broken the continuous period requirement.
2. I entitled 25 days of annual leaves and I never travelled for work. I am not getting this idea of "a letter from the employer setting out the reasons for the absences (namely, annual leave in my case.)" Do I have to have it?

Thanks in advance all.

[argus7]

not mandatory to have the letter, But get it if possible or show bank statement for those paid annual leaves that salary credited while on holiday.

Looks fine to me.

[CR001]

01/06/2015-31/05/2014: 115*

Does this absence include the 116 days sickness? All absences are counted per 12 month cycle, regardless of reason.

[tier1app]

Does this absence include the 116 days sickness? All absences are counted per 12 month cycle, regardless of reason.

Hi CR001,

Yes, the 116 days were broken into two 12 month cycles, as I plan to apply in June. Do you see that as a problem?

01/06/2015-31/05/2014: 115* (101 days here)
01/06/2014-31/05/2013: 56* (15 days here)

[tier1app]

not mandatory to have the letter, But get it if possible or show bank statement for those paid annual leaves that salary credited while on holiday.

Looks fine to me.

Instead of the bank statements, I have an employment history letter from HMRC, together with all my P60s through the years; would that be enough?

[cs95tdg]

I am on T1(G) since 01/09/2008, moved permanently to the UK since 25/08/10, and had 2 extensions.

Given you are now allowed 180 per year, and 90 days between entry clearance & arrival, I intend to apply for ILR in June this year.

01/06/2015-31/05/2014: 115*
01/06/2014-31/05/2013: 56*
01/06/2013-31/05/2012: 48
01/06/2012-31/05/2011: 28
01/06/2011-31/05/2010: 27 (+85) = 112
(*There was an absence of 116 days from May to September 2014 for which I have a medical certificate for.)

With the information above, can I please have some valuable comments on:
1. I read this piece of immigration rule correctly and have not broken the continuous period requirement.
2. I entitled 25 days of annual leaves and I never travelled for work. I am not getting this idea of "a letter from the employer setting out the reasons for the absences (namely, annual leave in my case.)" Do I have to have it?

1) If your absences that were due to medical reasons are included in the yearly totals given above, then you have not broken your continuous residence.
2) Edit - Reading the SET(O) form guidance, it appears that an employer letter is now required to confirm absences (irrespective of whether they were for business or just annual leave), even for T1G migrants (this wasn't the case 2 years ago when I applied, so it appears the guidance has changed). If you had any absences while you were not in employment I'd write a personal letter listing the absences and what they were for. E.g medical grounds etc...
Please see 245CD-SD https://www.gov.uk/government/uploads/s ... _final.pdf

In response to your question about using your HMRC history letter instead of P60's to prove that you were economically active, that's perfectly fine.

[tier1app]

2) Edit - Reading the SET(O) form guidance, it appears that an employer letter is now required to confirm absences (irrespective of whether they were for business or just annual leave), even for T1G migrants (this wasn't the case 2 years ago when I applied, so it appears the guidance has changed). If you had any absences while you were not in employment I'd write a personal letter listing the absences and what they were for. E.g medical grounds etc...
Please see 245CD-SD https://www.gov.uk/government/uploads/s ... _final.pdf

This is really nonsense!!! can I not provide IMHO with my offer letters with the annual leaves on them? how am I going to ask my ex-employer to provide it since I never had to travel for work. moreover, what about if you are contracting? where you got paid on a daily basis? (This whole thing is beyond the acceptable stressful level! )

[cs95tdg]

245CD-SD Specified documents
The specified documents referred to in paragraph 245CD(j) are:
(a) For periods where the applicant was in employment in the UK, a letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
(b) For periods where the applicant was self-employed or in business in the UK, or looking for work or setting up in business in the UK, a personal letter from the applicant detailing the purpose and period of absences in relation to those activities.
(c) A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

For periods where you were contracting or self-employed you should write a personal letter as outlined under point b) above.
For absences due to medical reasons again a personal letter is what is expected as outlined under point c) above.
Regarding other annual leave related absences, if you are unable to get a letter(s) from employers I believe I've seen instances of applicants writing personal letters listing/detailing the absences and the purpose (if you have any evidence to support what you explained you may include that as well). You may also want to search this forum to see, as there will be many applicants in a similar situation to you.

[tier1app]

cs95tdg, thank you very much for highlighting this, I didn't even know that you would need to provide an employee letter if you don't travel for work! I will surely do more readings here.

[tier1app]

Hi, I have just received the letter from one of my ex-employer who is supposed to be fairly experienced with all these visa related requests; the letter merely states the period that I were employed by them and the annual leaves that I was entitled on a letterhead stationary and signed by HR. Would it be sufficient enough?

[tier1app]

Hi all, as raised earlier, I have just received the letter from one of my ex-employers who is supposed to be fairly experienced with all these visa related requests; the letter merely states the period that I were employed by them and the annual leaves that I was entitled on a letterhead stationary and signed by HR. I have contacted the HR but they said they do not provide a list of dates when I used my annual leaves.

Would it be sufficient enough? any suggestion would be much appreciated. (I have obtained employment history letter from HMRC as an additional evidence too.)

[cs95tdg]

Your HMRC employment history would generally be used to confirm economic activity over your residence period, so do submit that.

Regarding absences, I'd list your absences in a self certified letter, along with the letter your employer has provided. Additionally the case worker guidance does state that the requirement for evidence in form of employer letters may be disregarded so long as the applicants' absences fall within the number of days annual leave the applicant is entitled to.

[tier1app]

Regarding absences, I'd list your absences in a self certified letter, along with the letter your employer has provided. Additionally the case worker guidance does state that the requirement for evidence in form of employer letters may be disregarded so long as the applicants' absences fall within the number of days annual leave the applicant is entitled to.

Thanks cs95tdg, I have a spreadsheet listing all the trips that matches my immigration history on my passports. Regarding your last sentence, are you reference the annual leaves that I am entitled to from my employer or UKBA (namely, the 180 day limits?) Because I travelled a lot on the weekends as well so it is ought to go over the twenty something days of annual leave from work.

[cs95tdg]

Thanks cs95tdg, I have a spreadsheet listing all the trips that matches my immigration history on my passports. Regarding your last sentence, are you reference the annual leaves that I am entitled to from my employer or UKBA (namely, the 180 day limits?) Because I travelled a lot on the weekends as well so it is ought to go over the twenty something days of annual leave from work.

What I was referring to is what's mentioned on the end of page 22-23 of the following guidance.
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Reading that I believe they consider up to 30 days a year to be the equivalent number of annual leave days given to an individual. So technically if following the rules, you would need collaborative evidence (letters) if you exceed that number.

That being said, my personal opinion is that it shouldn't be a problem going with a self-certified letter (& the one provided by your employer), if your absences aren't excessive & close to the annual threshold, even if you've been away more than 30 days a year. I.e. your annual absences are relatively low, and it's clearly seen that you were away over weekends with evidence in form of your passport stamps & a spreadsheet listing them. If you look through this forum, you'll find others who have applied with no evidence. So worth having a look to see what they say. One example. http://www.immigrationboards.com/indefi ... 86431.html

[raj_2071]

Dear All,
I am applying for ILR on 10 June 2015 at glasgow. I have all absences blew 180 days.
I have one continuous absence of 144 days.
I have company work abroad and have letters covering it.
Please let me know the situation.
Thanks,
Raj