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Clarification relative to Evidence of Absence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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timunpower
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Posts: 11
Joined: Mon Aug 24, 2015 12:08 pm

Clarification relative to Evidence of Absence

Post by timunpower » Tue Aug 25, 2015 5:32 pm

I intend to apply for ILR 5 year

In a nutshell:

- Work permit holder since January 2009.
- In November 2013, moved employers and switched from Work Permit to Tier 2 PBS.
- Intend to apply for ILR next month (September 2015).

Therefore;

- My ILR application will be based on 5 years continuous residence (i.e. 1 year 9 months on Tier 2 PBS and the remaining on Work Permit)
- I would need to provide evidence of absence within a 5 year period which would commence from September 2010 to September 2015.

My questions are;

Question 1
I accept that I would need to provide evidence of absences (paid annual leave) during the 5 year period of September 2010 – September 2015. I have counted the number of absences and every single year the total is less than 180 days.

I can easily obtained a letter from my current employer to clarify and confirmed that absences were due to paid annual leave and business trips etc. However, I would struggle to request for such letter from past employer.

So how do I go about providing evidence that the absences from the UK during my past employment was due to paid annual leave? Would a letter written by myself suffice or would it be COMPULSORY for my past employer to provide clarification/confirmation in a form of a letter?

Question 2

What other documents would I need from my past employer ?


Thank you in advance.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Clarification relative to Evidence of Absence

Post by geriatrix » Wed Aug 26, 2015 9:14 am

See also 245AAA, 245GF-SD, 245HF-SD, Interim caseworker action – missing evidence
and FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting.

In absence of letter from any previous employer, explain in a letter your inability to provide such evidence(s), include evidence of ties with UK during the period in question (e.g. - payslips, child attending school, spouse's employment, etc.) and request for discretion.
Life isn't fair, but you can be!

timunpower
Newly Registered
Posts: 11
Joined: Mon Aug 24, 2015 12:08 pm

Re: Clarification relative to Evidence of Absence

Post by timunpower » Wed Aug 26, 2015 12:04 pm

Thanks sushdmehta

Having reviewed 245HF-SD, it states and I quote;
A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave. Where the absence was due to a serious or compelling reason, 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.
It is either I am tired of reading the docs or my brain is not cooperating today.

Will the evidence of absence be limited to absence from the UK (i.e. travel abroad due to business or personal) ?

Or will I need to list down all annual leave taken even if I stayed in the UK?

Sorry and thanks for your time!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Clarification relative to Evidence of Absence

Post by geriatrix » Wed Aug 26, 2015 12:24 pm

Absences "from UK", as duly mentioned in 245AAA.
Life isn't fair, but you can be!

mian1
Junior Member
Posts: 79
Joined: Wed Mar 13, 2013 12:24 am

Re: Clarification relative to Evidence of Absence

Post by mian1 » Thu Aug 27, 2015 10:11 pm

did we need the proofs for small family visit or holidays as well. like if its for 2 -3 weeks
thanks

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