Absence and Salary SMS Update questions for Tier 2 ILR

[iforilr]

Hello All,

Hope you all are doing great.

I am on Tier-2 general and eligible to apply for ILR by end of this month (Dec 2017).

I got a couple of questions regarding absence days to be included in the employer letter. I have broken my questions as an example scenarios to make sure I convey my situation in an understandable manner for the
board.

Question 1 -

Example Scenario : -

So, let's say I have booked annual paid holidays to travel out of UK from 04/12/2017 (Monday) - 08/12/2017(Friday). But I flew out of country on 02/12/2017(Sunday) and came back into country on 10/12/2017(Sunday). So when I get a Employee absence letter from my company for ILR. What dates should they put on letter, does it need to be:

a) 02/12/2017 - 10/12/2017

OR

b) 04/12/2107 - 08/12/2017

----------------------------------------------------------------------------------------------------

Question 2 -

Example Scenario : -

Given I got 3 weeks annual paid holiday from work , lets say from 04/12/2017 - 22/12/2017. But I only travelled abroad for 2 weeks (04/12/2017 - 17/12/2017) and spent remaining 1 week in UK. What dates should the employer mention in the absence letter. Does it need to be :

a) 04/12/2017 - 17/12/2017 (which are the dates I was outside UK for leisure)

OR

b) 04/12/2017 - 22/12/2017 (Which is the total no of paid holidays approved)

In summary, the dates which would be included by the employer in letter would that be the dates I left the country & returned back to the country OR would that be the dates I actually took the annual paid holidays?

Thanks in advance, Please help

Regards,
iforilr

[iforilr]

Hi GURUS,

Can anyone please help me by providing answers for the above scenario.

Bit panicked and does not want to provide wrong dates.

PLEASE HELP, as I am running out of days to produce the letter.

Thanks a million in advance

Regards,
iforilr

[katanayi]

Put your Immigration History with exact dates and out of the country holidays clearly so that someone can help.

[iforilr]

Hi Katanayi,

Thanks a lot for your response. As requested below are my dates of absences from UK and annual paid holidays approved by my employer.

What dates should be entered in the employment absence letter for ILR?

I am confused because the dates I Leave/ Enter UK does not exactly match the authorised leave from work
However, the absences are within authorised leave.


ABSENCES FROM UK BASED ON MY PASSPORT

YEAR DATE LEFT UK DATE ENTER UK REASON
2017: 31/5/2017(wed night) - 15/6/2017(sat) -Annual paid holiday
2016: 09/9/2016 ( fri) - 09/10/2016(sun) - Paternity leave and annual paid holiday
2015: 16/2/2015(mon) - 09/3/2015(mon) -Annual paid holiday
2014: 21/6/2014(Sat) - 06/7/2014(Sun) -Annual paid holiday
2014: 18/4/2014 - 28/4/2014 - Annual paid holiday
(Fri - easter holiday) (Mon- landed mor)
2013: 25/05/2013(Sat) - 11/06/2013(Tue) - Annual paid holiday


AUTHORISED LEAVE FROM WORK

YEAR HOL START DATE HOL END DATE REASON
2017: 01/6/2017(Thu) - 22/6/2017(Thu) - Annual paid holiday
2016: 09/9/2016 (fri) - 23/9/2016(fri) - Annual paid holiday
2016: 26/9/2016 (mon) - 07/10/2016(fri) - Paternity leave
2015: 16/2/2015(mon) - 09/3/2015(mon) - Annual paid holiday
2014: 23/6/2014(mon) - 07/7/2014(mon) - Annual paid holiday
2014: 22/4/2014(Tue) - 25/4/2014(Fri) - Annual paid holiday
2013: 27/05/2013(mon) - 11/06/2013(Tue) - Annual paid holiday


Regards,
iforilr

[CR001]

You are confusing two different aspects.

Your employer needs to provide a letter with all your absence/leave.

You need to complete all your absences in the table in the form. Date of departure and arriving back does not count in the total absence count.

[iforilr]

Hi CROO1,

Thanks a million for your clarification. Really Helps!!

I would stick the actual holidays (ie AUTHORISED LEAVE FROM WORK) in my employee absence letter and fill the travel history dates(ie ABSENCES FROM UK BASED ON MY PASSPORT) in SET(O) form.

Regards,
iforilr

[CR001]

Hi CROO1,

Thanks a million for your clarification. Really Helps!!

I would stick the actual holidays (ie AUTHORISED LEAVE FROM WORK) in my employee absence letter and fill the travel history dates(ie ABSENCES FROM UK BASED ON MY PASSPORT) in SET(O) form.

Regards,
iforilr

See sample letter in links below.

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

[Akorotaeva]

See sample letter in links below.

A question: is the total date count wrong in this letter?

01/06 - 15/06 = 13 days (if dates of arrival and departure don't count), not 14?

[CR001]

See sample letter in links below.

A question: is the total date count wrong in this letter?

01/06 - 15/06 = 13 days (if dates of arrival and departure don't count), not 14?

It is a SAMPLE. I did not create the letter.

[Akorotaeva]

Not having a go at you, just worried I’d misunderstood something!

[CR001]

Note that the link is from 2009 and some minor things have probably changed.

Day of departure and day of re-entry are NOT included in the number of days absent declared on the form. However, the letter needs to state the days absent/holiday/business etc.

Adjust the letter accordingly if necessary.

[Akorotaeva]

Thanks CR001, I’m not the OP but this is super useful.

So you’d suggest that small discrepancies don’t matter? E.g if applicant left the country on a Sunday (non-working day) but leave is taken from the Monday, that’s fine?

The letter from the employer would state leave from Monday, but the form would give “date left” as the Sunday.

[CR001]

As I said, amend the letter as required.

[Akorotaeva]

Can you please expand what you mean by amendment (or amend what)?.

Are you saying that the letter needs to state full annual leave taken regardless of when exactly the applicant left the country within that period of annual leave?


Thanks and sorry for being finickety.

[CR001]

Can you please expand what you mean by amendment (or amend what)?. Amend the letter based on your circumstance and per the CURRENT guidance notes etc.

Are you saying that the letter needs to state full annual leave taken regardless of when exactly the applicant left the country within that period of annual leave? Yes. Better to be safe than sorry, is it not??


Thanks and sorry for being finickety.

[Akorotaeva]

Thanks again Char. I suppose the only exception is that if someone takes annual leave but doesn’t go out of the country, in which case I’d think there’s no need to include these dates in the letter.

[iforilr]

Hi Char,

4 out of 5 times I have left the country on a Saturday (non-working day) but the actual holiday started on a Monday(working day).

Since the absence letter is provided by my employer I have no control to amend it. So, how should this situation be handled.

Do I need to provide an additional letter stating that the days I flew were a non -working day?

Regards,
Gokul

[iforilr]

Hello Gurus & Moderators,

I am applying for ILR in first week of January 2018 (Premium service appointment) and I have a question around salary update in SMS.

So, below is my immigration history since Tier 2 general extension to give a clear picture of where I stand now

Got my Tier 2 Extension on - March 2016 - Salary was £32,000
Got my annual pay rise for 2016 on - April 2016 - Salary raised to £34,500 (Not updated in SMS)
Got my first annual pay rise for 2017 on - March 2017 - Salary raised to £35,400 (Not updated in SMS)
Got my second annual pay rise for 2017 on - August 2017 - Salary raised to £36,450 (All the gradual
payrises since extension were listed and reported by HR in SMS on end of October 2017).

As you can see all employees in our company got 2 annual payrises for 2017. This is because since after my company was acquired by another company in 2016. They wanted to move the payrise months from March/April to July/August. So what they did was to give one half of the payrise around March/April and then give the other half around July/August. And then from 2018 everyone would get payrises around July/August.

I am planning to keep last 6 to 9 Months of payslips/ Bankstatements to prove it's a gradual annual payrise
and also last 5 year P60'S

So, the questions are :
1) What other documents you think I should keep to convince the CW it's a gradual payrise.
2) Would late notice of gradual payrise in SMS prior to 3 months before ILR cause a red alert on my application (Even if its a gradual payrise)

Regards,
iforilr

[iforilr]

Hello Experts,

Please can you add your Valuable advice for the above post.

Really in need of help for the situation.

Regards,
iforilr

[makky86]

Got my Tier 2 Extension on - March 2016 - Salary was £32,000
Got my annual pay rise for 2016 on - April 2016 - Salary raised to £34,500 (Not updated in SMS)
Got my first annual pay rise for 2017 on - March 2017 - Salary raised to £35,400 (Not updated in SMS)
Got my second annual pay rise for 2017 on - August 2017 - Salary raised to £36,450 (All the gradual
payrises since extension were listed and reported by HR in SMS on end of October 2017).

Pay rise becaose of annual pay rise don't need to be reported to the system. That's fine.

As you can see all employees in our company got 2 annual payrises for 2017. This is because since after my company was acquired by another company in 2016. They wanted to move the payrise months from March/April to July/August. So what they did was to give one half of the payrise around March/April and then give the other half around July/August. And then from 2018 everyone would get payrises around July/August.

I am planning to keep last 6 to 9 Months of payslips/ Bankstatements to prove it's a gradual annual payrise
and also last 5 year P60'S

Its fine. You are only required to submit last 3 months bank statement , 3 recent official payslips and letter from employer confirming salary , soc code and you will be required for forseeable future etc.


So, the questions are :

1) What other documents you think I should keep to convince the CW it's a gradual payrise.

No documemts required. Its all availabel for CW to see in HMRC system. You can sign up yourself to see

https://online.hmrc.gov.uk/account

2) Would late notice of gradual payrise in SMS prior to 3 months before ILR cause a red alert on my application (Even if its a gradual payrise)

Not at all. Only suddent pay rise just before ILR raises alarm. You're fine.

[iforilr]

Hi makky86,

Thanks a lot. Really Helps.

Regards,
iforilr