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Absence from UK - No Evidence letter

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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bernie1507
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Posts: 6
Joined: Wed Sep 21, 2016 5:16 pm

Absence from UK - No Evidence letter

Post by bernie1507 » Wed Sep 21, 2016 5:30 pm

Hi all,

I'm very new to the site as a registered member however had been following the site for may years.
I'm hoping that someone will be able to share their experience or through light on the issue that I'm currently facing

I'm on a Tier 2 - General Visa
Visa Stamp date : 20th Aug 2011
UK Entry date : 11th Oct 2011

I had been working with the sponsored company till 30th March 2015 and moved to a new sponsor and working till date with them under Tier 2 general category

While I was with the previous employer I had traveled to my native on 3 occasions, dates as below

04/03/2012 21/03/2012 around 17 days
21/10/2012 12/11/2012 around 22 days
20/11/2013 06/12/2013 around 17 days

I'm not able to get a letter from the previous organisation to support the evidence that I was on a paid annual leave and during that time I was paid salary in my country and worked here on an allowance. I don't have the travel documents (e-tickets) also.

If anyone can help out on this query of if I need the letter of evidence or will I be alright with just a covering letter and my date stamping on my passport. I'm planning to go for one day service sometime next week.

All your answers and support would be very much appreciated.

Thanks in Advance

Cheers
Bernie

togo
Newly Registered
Posts: 13
Joined: Fri Sep 02, 2016 9:26 pm

Re: Absence from UK - No Evidence letter

Post by togo » Wed Sep 21, 2016 8:17 pm

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Pg 21/22

Interim caseworker action – missing evidence
If an applicant is required to provide specified documents from their employer explaining their absences and fails to do this, and the absences do not exceed 30 working days plus statutory public holidays per annum (for example, such absences are likely to be consistent with paid annual leave), you can choose, having regard to all the circumstances of the case, to consider the application without this documentation.
You still need evidence where the absences in a 12 month period (as defined above) exceed 30 working days plus statutory public holidays.
---------------------------------------
You can provide a letter explaining your absences. In addition you can provide proof that you had requested for the letter via email and the previous employer didn't respond. Please note that you must show the case worker that you took serious effort in getting the letter.

bernie1507
Newly Registered
Posts: 6
Joined: Wed Sep 21, 2016 5:16 pm

Re: Absence from UK - No Evidence letter

Post by bernie1507 » Wed Sep 21, 2016 9:14 pm

Thank you Togo, really appreciate your response. I do have emails that I have sent to my previous employer asking for the letter of absence, I think I could produce them.

A question on top of this, do I then just not tick any boxes under section 6.3 that asks for evidences?

Cheers
Bernie

togo
Newly Registered
Posts: 13
Joined: Fri Sep 02, 2016 9:26 pm

Re: Absence from UK - No Evidence letter

Post by togo » Wed Sep 21, 2016 10:14 pm

Did you have any absences outside UK with the current employer? If so you need to tick the box else you don't need to tick.I assume you have issues only with the previous employer for providing the letter and not your current one.

bernie1507
Newly Registered
Posts: 6
Joined: Wed Sep 21, 2016 5:16 pm

Re: Absence from UK - No Evidence letter

Post by bernie1507 » Wed Sep 21, 2016 10:20 pm

Yes Togo, it's with the previous employer and with the current employer I don't have any absence of leave outside UK. My current employer is supporting me with work continuity letter.

Thank you for clarifying the query..it's such a relief.

I have been reading in the other posts, do we really need 5 years of P60?? I have just two years of it..I'm hoping it's not a big of an issue, just was wondering if I should be really worried.. :-)

Cheers
Bernie

togo
Newly Registered
Posts: 13
Joined: Fri Sep 02, 2016 9:26 pm

Re: Absence from UK - No Evidence letter

Post by togo » Thu Sep 22, 2016 2:06 pm

P60's are not a requirement for applying ILR although the case worker has every right to request evidence of your earnings.
Alternatively you can request your employment history from HMRC for the financial years that you require.
This document would serve as evidence of your earnings.
Last month I got my ILR through Tier 2 route and I just submitted my most recent P60.

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