ILR - Tier2 General

[stanza123]

Dear Friends,

I am planning to go to ILR on 1st August with long absenses 256 days which splitted in TWO years as follows.

Year 1: 01-08-2015 to 02-08-2014
Year 2: 01-08-2014 to 02-08-2013
Year 3: 01-08-2013 to 02-08-2012 (02 August 2012 to 27th January 2013 in Total: 179 days)
Year 4: 01-08-2012 to 02-08-2011 (16th May 2012 to 1st August 2012 in Total: 77 days)
Year 5: 01-08-2011 to 02-08-2010

My Question is: In Year 3 I have 179 days. Is there any 90 days condition applicable for me?

Do I need to submit any explanation letter for these absences?

Appreciate your quick response.

[stanza123]

Hi CR001,

Thanks for your early post. This is clarifying that no evidence or letter requires for 90 day rule.

http://www.immigrationboards.com/indefi ... 75660.html

But one of the solicitor suggested me to get a letter for more than 90 day absences.

Kindly advise

[mnaeem126]

You should get a letter for absence from your employer saying you were on leaves, if you are on Tier 2 Visa because you are on the sponsored employment, not like Tier 1 (General). Please see Bullet B (starting from last two lines) on Page 48 of the Attached Guidance;
https://www.gov.uk/government/uploads/s ... _final.pdf
Regards,

[stanza123]

Thanks for the good information mnaeem126 !!!
In this case still we need to provide some sort of evidence along with the Employer Absences letter as per the page 48 Bullet B from the below source of information you have provided.

https://www.gov.uk/government/uploads/s ... _final.pdf

[mnaeem126]

I dont think so. If your employer provides you a letter saying, you were on annual leaves (or what so ever) when you visited your destination (country) that would be quite fine. Even the employer does not need to provide that dates. Secondly, it is discretion of the case worker he may or may not need anything from you regarding it but you should have with you to be trouble free and to avoid delayed decision. Hope this would be of some assistance.

[Bhaskar101]

Hello Stanza123,

Are all your absences are paid annual leaves?

I am in a situation of having 80 days unpaid leave and was out of UK during those days.

Bhaskar

[stanza123]

Thank you mnaeem126!!!


@Bhaskar101 : I was in India during my leaves and my employer paid Indian salary!!!

[Bhaskar101]

Hello Stanza123,

If you were paid Inidan salary what supporting document you are providing?

If you are out of UK employment, that will come under break in continuous period right?

Many Thanks,
Bhaskar

[stanza123]

No....thats where I am splitting my absences into 2 years ....if the absences <180 days you no need to provide any evidence...If you have some sort of evidence that will be good.

In my case my employer is providing some sort of letter, because my absences were related to business..not personal.

[Bhaskar101]

Is your visa Tier-2 general / Tier-2 ICT?

[stanza123]

Tier 2 General

[Bhaskar101]

Thanks for your reply..

my situation was posted below

http://www.immigrationboards.com/indefi ... 89301.html

Iam in dilemma to apply or not?

[stanza123]

Hi,

I have requested a letter from my employer and my employer is denied to give me the letter that I am not having adequate period for the justification.

My current project will be till end of this year. Is this enough?

or what is the foreseeable future that we need to show to the Home office?

Thanks In Advance

[FaeLLe]

Explain your sentence in other words please.

[stanza123]

HI,

Here is my query

I would like to go for ILR as I am eligible by 1st August 2015. I have requested employer letter from my employer the same has denied to give the letter reason saying that my current work visibility is only till end of December 2015.

I suspect that this is not a good reason for denying my employer letter or Is there any time limit applicable for the foreseeable future assignment ?

[Chase53]

HI,

Here is my query

I would like to go for ILR as I am eligible by 1st August 2015. I have requested employer letter from my employer the same has denied to give the letter reason saying that my current work visibility is only till end of December 2015.

I suspect that this is not a good reason for denying my employer letter or Is there any time limit applicable for the foreseeable future assignment ?

There is no need to show future employment to the UKBA and they never even asked. All they want is your history in UK.

And as per your employer, how can anybody say what is going to happen in future? Nothing is guaranteed.

[stanza123]

Hi Chase53!!!!

Thank you for the response.

I am in Tier2 General and in the employer letter they have to specify about the foreseeable work as ..right?

[physicskate]

Hi Chase53!!!!

Thank you for the response.

I am in Tier2 General and in the employer letter they have to specify about the foreseeable work as ..right?

This is from the UKVI:

Eligibility

You can apply if:

you have a Tier 2 (General) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice

In order to prove this, generally the employer writes a letter.

https://www.gov.uk/government/publicati ... -form-seto

This is from the Set(O) application (page 67):
A document from the employer named in your current work permit containing the following
information:
•
confirmation that you are still required for the employment in question, and
•
the nearest applicable Standard Occupational Classification (SOC) code which best describes
your employment
•
Your current rate of pay (this should be given in the same format as given in the codes of
practice, for example hourly rate or yearly salary), and
•
confirmation that this is at or above the appropriate rate for the job as stated in the codes of
practice for Tier 2 sponsors. (See note 5 on this form).

[stanza123]

Thank you physicskate!!!

As per this my Employer has to provide the letter with SOC code,Salary fitment and Foreseeable future.

My question is: How many days (foreseeable) that it is required.

I have my current assignment till end of December....will this suffice?

But My employer denied to provide this support letter due short term assignment. Please advise

[physicskate]

Thank you physicskate!!!

As per this my Employer has to provide the letter with SOC code,Salary fitment and Foreseeable future.

My question is: How many days (foreseeable) that it is required.

I have my current assignment till end of December....will this suffice?

But My employer denied to provide this support letter due short term assignment. Please advise

It doesn't say how long, just that your employment is still necessary. My reading would be that you are needed at your time of application.

[stanza123]

Thanks physicskate for quick response!!!

Thas what my understanding as well
Let us see any gurus will comment on this

[FaeLLe]

I suggest you just ask your employer to certify the details required and confirm that you are still employed with them.
That is all that is required.

If your HR or Immigration department refuses to give it ask a Manager you are friendly with to certify these details on a letterhead and give it along with the application.

[stanza123]

Thank you FaeLLe!!! for you kind suggestion.

Let me check with my Manager

[mkh]

Thank you FaeLLe!!! for you kind suggestion.

Let me check with my Manager

I had the same issue that my Contract would end immediately (in two months) after my 5 year qualifying period, some one advised this may raise an issue as an employee may start claiming JSA. I think it is Safe not to have the contract end date on this letter just ask the to write " still required for the position"

[stanza123]

Thank you mkh for your response.

Finally how did you managed?