Tier 2 General to ILR - Absences in employer letter

[pradbis]

Hi all,

I am due to convert my Tier 2 General permit to ILR in 5 year route. Had a question about mentioning all absences where I have been outside UK in the employer letter.

I have seen on some posts on this forum that it is mandatory to have the employer letter mention all absences where I have been outside the UK. The Set(0) form also says that this absence certification letter is required. However, in the thread on successful ILR applications a number of applications do not mention an absence letter. So wanted to check how hard and fast this requirement for the employer absence letter is. My main concern is my previous employer who I left 3 years ago - they would hardly have any interest in providing letters to an employee who left them 3 years ago.

After all, how is an employer supposed to know whether I have travelled abroad or stayed in UK during my leave period?

Thanks in advance for any advice you can provide.

- Prad

[makky86]

Set(0) form also says that this absence certification letter is required. However, in the thread on successful ILR applications a number of applications do not mention an absence letter. So wanted to check how hard and fast this requirement for the employer absence letter is.

It is requirment to provide the letter from your all employers while you were on Tier 2. The letter should also mention that it was fully paid.

My main concern is my previous employer who I left 3 years ago - they would hardly have any interest in providing letters to an employee who left them 3 years ago.

Send them email and ask them to provide you the letter. Every employer has HR system specially if they have Tier 2 license.

If for reason they cannot provide you the letter e.g. they don't have the records then you'd need to take the email proof or ask them to send letter confirming this.

After all, how is an employer supposed to know whether I have travelled abroad or stayed in UK during my leave period?

Because you must have booked holidays and they would have been approved. If you took any unauthorised/unpaid holidays during Tier 2 ILR might be refused.

[neo2498]

I'm going to apply for my ILR visa next month ( Tier 2 general route ) as I'm completing my 5 years continues stay in UK . I was not away from UK more than 180 days in consecutive 12 month period. I do have life in the UK passing certificate + UK degree certificate as a proof of English language requirement + P60 , salary slips , bank statements etc , I've received all the necessary documents from my employer including my Job details , position , salary also confirming that they wish to retain me on same position in future ,also got the absence letter form employer stating all leaves during qualifying period including the reasons for those absences.
My question is - my annual paid holiday dates not exactly matching with the travel dates entering & leaving the UK , for example, annual holidays in absence letter are only for date from 12th Dec to 31st Dec 2013 , but actual travel date leaving from uk was 10th Dec 2013 and entry back to Uk on 10th Jan 2014 ( all those extra days I spent outside the UK are the Time of lieu I got for an extra hours I worked before the travel , and I got paid fully for all those extra holidays as a reciprocal benefit for hard work and working over the weekend on few occasion , it was agreed verbally with my immediate manager , however HR dept does not have this record with them so they would not able to confirm that on absence letter ! so just wondering , those extra days I spent out of the UK ( which was not covered on absence letter ) could have any consequence on my ILR application ? OR Home office will consider this case with out any objection, as I'm mating the 180 days criteria ? please kindly advise how I can tackle this situation

Thanks

[GMO]

I think your employer just need to put it as extended holiday /work from home like this! Anyways it sounds great that you are well prepared with the Docs! You didnt mention about the salary...is it above 35k? and when it increased last and what the percentage of increment? That's an important entity as well.

Good luck (Y)

[neo2498]

I think your employer just need to put it as extended holiday /work from home like this! Anyways it sounds great that you are well prepared with the Docs! You didnt mention about the salary...is it above 35k? and when it increased last and what the percentage of increment? That's an important entity as well.

Good luck (Y)

HR does not have any official record for extended holidays so they are will not mention this as extended holidays etc in their official absence letter , but I was got paid fully for those days . is there any specific rule for annual holidays if you are applying under tier 2 category .
MY SOC code is 2126 so I believe I don't necessarily need to meet 35K salary ? please confirm.

Thanks

[GMO]

If you are applying under T2 ..5 years route then your salary must be 35,000 ( after april,35,500) or the appropriate soc code rate..whichever is higher! What is your current salary? and what was then during extension? A the time of extension we need to earn experienced salary under T2.

[neo2498]

If you are applying under T2 ..5 years route then your salary must be 35,000 ( after april,35,500) or the appropriate soc code rate..whichever is higher! What is your current salary? and what was then during extension? A the time of extension we need to earn experienced salary under T2.

Thanks for your reply ,My salary must be 35000 ? even if I'm applying under shortage occupancy code 2126 ? my current salary is 34300 & was 32700 at the time of tier 2 extension.


Thanks

[GMO]

Well, I'm really not sure about the shortage occupation code! Experts may help or please before apply make it sure as it' a very major thing.

Good luck