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Absences From UK on Tier 2 General Visa

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Rakeshbgupta
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Absences From UK on Tier 2 General Visa

Post by Rakeshbgupta » Fri Dec 13, 2019 3:11 pm

Hi All,

So I am on Tier 2 Gen visa, I will be eligible to apply for ILR in Sept 2020. I know that I have to spend min 180 days in a year in the UK. And that year will be calculated on a rolling basis from 29 July 2018 onwards until the date of my application in Sept 2020.

From 29 July 2018 onwards, I have been out of UK for a total of more than 30 days via multiple trips outside UK, but less than 180 days in total.

1. So my question is since my cumulative days outside UK, in an year, are more than 30. Do I need to support and explain each period of absence (trips which were less than 30 days) with supporting documents from my company or do I only need to explain the periods of absence which were 30 or more days longer?

2. If yes, what supporting documents does my company needs to provide.

3. What if I am not able to get those documents from my company? But I can still prove that I was paid by showing payslips and bank statements?

Any guidance will be highly appreciated :)

Regards
Rakesh

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zimba
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Re: Absences From UK on Tier 2 General Visa

Post by zimba » Sat Dec 14, 2019 2:00 am

You simply need an employer letter that explains those absences were approved by them
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Rakeshbgupta
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Re: Absences From UK on Tier 2 General Visa

Post by Rakeshbgupta » Sat Dec 14, 2019 9:10 am

Thanks for ur response..

But as i asked already, what if my company doesn't give that letter? But i have payslips for tyat period.

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CR001
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Re: Absences From UK on Tier 2 General Visa

Post by CR001 » Sat Dec 14, 2019 9:12 am

You need the absence letter, as stated as a requirement in the rules.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Djsuccess
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Re: Absences From UK on Tier 2 General Visa

Post by Djsuccess » Sat Dec 14, 2019 10:16 am

Rakeshbgupta wrote:
Sat Dec 14, 2019 9:10 am
Thanks for ur response..

But as i asked already, what if my company doesn't give that letter? But i have payslips for tyat period.
You will need your company to give you the absence letter. And the reason can simply be stated as "Annual Paid Leave" for your personal trips and "Business" for trips done for business purpose.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Rakeshbgupta
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Re: Absences From UK on Tier 2 General Visa

Post by Rakeshbgupta » Sat Dec 14, 2019 3:48 pm

Thanks all for your responses...

Let me re-phrase my question, will I be denied ILR in case I am unable to provide these letters?

As I have left my previous company and they said they will not provide any such letters.

srsw
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Re: Absences From UK on Tier 2 General Visa

Post by srsw » Sat Dec 14, 2019 3:58 pm

Rakeshbgupta wrote:
Sat Dec 14, 2019 3:48 pm
Thanks all for your responses...

Let me re-phrase my question, will I be denied ILR in case I am unable to provide these letters?

As I have left my previous company and they said they will not provide any such letters.
Don't take any chances before you explore all your options.

Try SAR (Subject Access Request) and your employer will hand over the details to you.
https://ico.org.uk/your-data-matters/yo ... your-data/
My advice is based on personal research/experience, so pls check relevant UKVI sources.

lhrflyer
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Re: Absences From UK on Tier 2 General Visa

Post by lhrflyer » Mon Dec 16, 2019 3:32 pm

Rakeshbgupta wrote:
Sat Dec 14, 2019 3:48 pm
Thanks all for your responses...

Let me re-phrase my question, will I be denied ILR in case I am unable to provide these letters?

As I have left my previous company and they said they will not provide any such letters.
You will be denied ILR if there is no reasonable explanation to your absences. If your previous company is refusing to provide you the letters, then you should explain that in a cover letter and attach a log of all your absences, ideally backed by stamps in your passport or some other hard evidence. I believe you can ask the HO for your dates of entry and exit but that may take a while. A subject access request may help you support your dates of annual leave in coincidence with your trips abroad, it won't get you the letters though.

As you see this is more complex than just getting the letter, so suggest you find a friendly face at your old place, draft the letters yourself so all they have to do is sign them and check for correctness, and then try that way.

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