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The previous employer simply needs to given an absence letterYXLinlondon wrote: ↑Wed Nov 18, 2020 11:07 pmNow I have another new issue.
With my previous employer - a small company. They cannot for sure to confirm the actual start and end date of my employment. Is there anyway I can check from other sources for example HMRC or Home office? But again - Which source does the caseworker use to track detail like this? Will that be a case where the employment date in HMRC is not the same with HO Record?
I think the previous employer has not reported my leave to HO on time and kept me on payroll for 2 weeks even though I have already joined my current company. That results in two earnings for 2 weeks. I am not sure if this will cause a problem?
Many Thanks
Since the BRP date is older and you entered on the vignette, I would say the solicitor friend’s understanding is correct. Safest is to take entry date in UK as a reference in your case.YXLinlondon wrote: ↑Mon Nov 23, 2020 11:04 pmThank you very much but sorry for asking the same question again. As I found my case seems different from others who obtained T2 within UK.
I applied my first T2 from my home country. Therefore I have got my visa entry clearance vignette first for the purpose to enter the UK and collected the BRP in the post office later. Somehow the BRP issue date is earlier than the date of the entry clearance vignette. And my BRP states "leave to enter " rather than "leave to remain."
I have seen all the different answers on the qualifying period and completely lost. Apart from the answer of based on the brp issue date which I hope its the case, I have got other two possible answers from credible resources:
1- My solicitor friend is saying if ILR qualifying visa was obtained out of the country, then the clock starts from the day when the applicant first enters the UK.
Option 1 seems correct
2- I have read the Homeoffice document where it says:
"Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved." As Mine is LEAVE TO ENTER so I understand the qualifying period should start from the entry clearance vignette issue date according to this?
I knew it was only 2 weeks difference. But given that it was so close to Christmas which leads the difficulties of getting all documents ready. Also, another related issue is my bank statement which is issued on every 25th and my salary comes on 28th. If unfortunately, I have to apply on 30th of Dec (Based on my entry date) and haven't got my Dec statement and payslip on time which is very likely.
Is a Nov statement stating Oct salary payment is acceptable? (Given each month amount is different and also the dates are older than 28 days )
I really don't want to wait another one month so would appreciate a clear answer on this.
Thank you very much
That would be the safest approach. Read the edited message as above also.YXLinlondon wrote: ↑Mon Nov 23, 2020 11:34 pmThat puts me into a more confusing situation. Is there any official document to prove that point, please?
Could I please check one point which might sound silly....
Thank you so much! I have got another two questions for the employment letter:
Thank you so much! I am now ready!
You are overthinking.YXLinlondon wrote: ↑Wed Dec 16, 2020 12:38 amApologies for keeping asking. I have found that on the HO guidance "the sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future"
Does it mean in the employer letter, it needs to state that the applicant is paid for the foreseeable future also?
Does the employer letter must to state FULL-TIME?
Those questions are giving me a headache
Thank you .
As Cullinan said, you are over thinking. Any employment puts the obligation of wage payment on employer as slavery/servitude is illegal. So once the letter state the applicants services is required for the foreseeable future there is an implied commitment to remuneration for the services he or she will render.CULLINAN wrote: ↑Wed Dec 16, 2020 1:32 amYou are overthinking.YXLinlondon wrote: ↑Wed Dec 16, 2020 12:38 amApologies for keeping asking. I have found that on the HO guidance "the sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future"
Does it mean in the employer letter, it needs to state that the applicant is paid for the foreseeable future also?
Does the employer letter must to state FULL-TIME?
Those questions are giving me a headache
Thank you .