ILR and employer absence letters

[Akorotaeva]

Hello, all!

I am planning ahead to my ILR application in 2022 and have a question about absences.

I got my first Tier 2 Leave to Remain 08/2016, and am currently changing employers. My new CoS is until 08/2022 (i.e. the full six years permitted).

In September 2016, I was gone for a week due to family bereavement. This was done with the permissions of my employer and they did not count it as annual leave as I was working remotely that week.

I now want to get an absence letter from my employer before I leave them. Is it okay to just list that week as 'working remotely due to family bereavement'? Any issues with that?

I plan to apply for ILR in 2022 anyway, which means I will not need to explain this absence, but want to have the letter anyway.

[CR001]

Yes should be fined.

Please do remember that any of the rules can change by 2022.

[Akorotaeva]

Thanks for your reply. Yep, I realise things might change, but I can only plan in accordance with the current rules for the time being.

If I were to apply, say, in October 2021, would this mean than my slightly unusual absence in September 2016 will fall outside the 5-year-qualifying period and therefore not have to be explained? I just want to try keep the paperwork as simple as possible!

Thanks again.

[CR001]

For Tier 2 General to ILR, it is mandatory to submit a letter from each employer detailing your absence (ALL absence).

[Akorotaeva]

That's right, but is this also the case where the absence falls OUTSIDE of the 5-year period? I will have been on a Tier 2 visa over 5 years at this point. I've read the guidance and it seems the qualifying period is counted back 5 years from the date of ILR application, and any time in the UK prior to that sort of falls "outside" of that?

So, for example, if someone applies for ILR at the very end of their 6th year on Tier 2, do they need to account for absences in the first year?

[CR001]

Is it worth the risk NOT getting one??

[Akorotaeva]

No, of course not. I'm just trying to understand the rules (the academic in me is curious about these technicalities!). I will of course get a letter for the full period.

I suppose I also don't really know how to frame the absence in my form (I need to complete it myself with all the dates and hand it to my manager to sign it). Currently I have it down as "working remotely due to family bereavement, with permission of line manager and HR", but maybe another wording would be better?

In total the absence was only 4 full working days + weekend.

Do you think such absences (working remotely) need to be reported by the sponsor? It seems like a grey area as it's not a "significant change" to my place of empoyment, not a secondment, not annual leave, etc. I was fully paid during this period and contactable and working for my sponsor. It's especially important for work like academics, where we work remotely quite often from all sorts of places.

[CR001]

See link below.

indefinite-leave-to-remain/employer-let ... 52143.html

Fine to state absence due to family bereavement and the relevant dates. Keep it simple.

No need to report on SMS system.

[Akorotaeva]

Yes, I'll do that. Thanks for the advice.

[bbreddy]

For Tier 2 General to ILR, it is mandatory to submit a letter from each employer detailing your absence (ALL absence).

Hi CR001

Can you please clarify whether the letter should only be focused on absences outside the UK or all absences from office (i.e. say for annual/sick leaves spent inside the UK).

Also can you please advise if there are scenarios were we are outside the UK, but working for office (say, work from home), what should the letter state the reason for visit as?

Many thanks

[paradoxical]

Can you please clarify whether the letter should only be focused on absences outside the UK or all absences from office (i.e. say for annual/sick leaves spent inside the UK).

Absences outside UK only..

Also can you please advise if there are scenarios were we are outside the UK, but working for office (say, work from home), what should the letter state the reason for visit as?

Reason: 'Official'

[sk17aaa]

Hi CR001,

If we dont have letter from previous employer (regarding absence)? or if the employer is not responding to email request to give one (after we switch to another employer), what to do?

Thx

[Akorotaeva]

Another question re documents. I changed employers (started my new job the day after leaving the old one, so no gap).

What documents should I use if UKVI wants to verify there was no significant gap between employment changes? I have a P45 from my old employer, but only printouts of payslips.

Can I show the P45 (with a leaving date) and a payslip from my new employer, dated 28 days later?

[Akorotaeva]

Hi all,

Still agonizing over the former employer’s letter...

Does the absences letter need to state “fully paid annual leave”? Mine simply states “annual leave” and then lists the dates when I was out of the country. Is this going to raise any issues?

[CR001]

You really are worrying about the requirements far too early. Anything can change by 2022 when you qualify for ILR.

See SAMPLE letter below.

indefinite-leave-to-remain/employer-let ... 52143.html

[Akorotaeva]

Thanks, yes, I know, but I’d rather not have to go back to the old employer years after I left them...

So do you think “I confirm that the annul leave have been taken in accordance with the applicant’s entitlement” might not be good enough and I should ask them to add the word “paid”...?

Or am I overthinking again?

[CR001]

It needs to list your abences (dates of leave) you have taken.

[Akorotaeva]

Yep it does list the dates, under the phrase quoted in my previous message. It’s the absence of the word “paid” that concerns me a little.

I might ask my former manager to send me a new one anyway, it surely can’t hurt...

Thanks anyway. They don’t make it easy!

[Akorotaeva]

Hi all,

Just a query (more speculative than anything, and wondering if anyone has been in a similar situation).

My annual leave entitlement is pretty generous: in fact, I have no set annual leave as per my contract and am only obliged to get it approved via my line manager. I have to take the statutory minimum, but can take more than that.

How will that look for ILR purposes? My absences will be way below 180 days a year and approved, a letter will be provided, etc. But, in total, it is likely to be about 40 working days and bank holiday days a year. Does this sound alright? Has anyone applied for ILR with annual leave that was more generous than normal?

[cracker1234]

Do we need to submit absence letter if you have not taken annual leave during your employment with previous employers ?
Having said, I understand that if you took leaves, then you have to submit a letter from your employer stating the dates of absences.
In case, if you have n't taken leaves, do you need to submit a letter from employer stating e.g. 'Employee A has not taken annual leaves during his tenure from this date to that date'. Kindly confirm.

[Akorotaeva]

Hi all,

Can anyone alleviate my concerns by any chance?

Thanks in advance!

[Akorotaeva]

Hi all,

Any thoughts at all? My one concern is that the Guidance on annul leave states that on the one hand it must be assessed on a case by case basis, and on the other hand implies that it muamat be in line with UK's laws on annual leave.

I am planning to take about 35-36 working days a year as annual leave, plus bank holidays, with the permission of my employer, which is a bit more than normal. Is this likely to cause any issues (provided a letter ia supplied and total absences are less than 180 days a year)?

Thanks a lot for any help/thoughts!

[Akorotaeva]

Hi all,

I flew in from the US via Ireland yesterday, and realised that there is no immigration control on my return to the UK. I even asked at my UK arrival airport, and was told they cannot stamp my passport.

Will this raise any issues for ILR and proving absences? I will of course keep hold of my boarding passes, etc., and have "checked in" with my employer today to confirm I am back from my short work trip.

[Akorotaeva]

Can anyone please share their thoughts on the entering via Rep of Ireland, above?

Thanks!

[Akorotaeva]

Also: am I right that the qualifying period starts 5 years from the ILR application date (though within those 5 years, absences are counted on a rolling basis)?

I have a complex absence of 7 days at the very beginning of my first year on Tier 2 that I am keen to keep out of this qualifying period. Am I right in thinking that if I wait and apply after this absence has passed beyond 5 years, I will not need to explain it?

As I have a Tier 2 visa for the full six years, I have a "buffer" of 1 year.