ILR - SET(O) - letter from previous and current employer about absences

[Lady887]

Hi all. I know this question is asked a lot and I read a lot of responses to this topic, but I'm still not fully clear on this. My situation: had 2 different employers during my time in the UK, was absent for maximum of 60 days in any 180-day rolling period in the last 5 years. I just want to understand what's really required. My current employer is not keen to explain my every absense it seems - they just included some general phrase on how many paid annual leave days I have and that I sometimes need to travel abroad because of work (despite I made them the list with all absenses for the letter)). I'm not keen to get in touch with my previous employer if it's not really needed.

I found 3 official sources of info that are relevant to read about requirements for ILR and absenses from the UK:
1) Immigration Rules Appendix Skilled Worker (section about Settlement)
https://www.gov.uk/guidance/immigration ... led-worker

2) Guidance for caseworkers on calculating continious residence:
https://www.gov.uk/government/publicati ... -residence

3) Immigration Rules part 9: grounds for refusal
https://www.gov.uk/guidance/immigration ... or-refusal

And in addition to these, application form SET(O) has the following question

"Evidence of your absence from the UK and Crown Dependencies

What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?
(Required)
You can select more than one option.

Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies
Letter from applicant detailing any exceptionally harsh consequences to them caused by the change in the way absences from the UK are counted
Official documents: (e.g. medical, birth or death certificates)
Letter from travel companies to evidence disruption to travel
Other

What evidence I need to provide?

Evidence of all work-related absences (including paid annual leave) is required from those applying under:

Tier 2 (Intra-Company Transfer)
Tier 2 (General)
Tier 2 (Minister of religion)
Tier 2 (Sportsperson)
Other permitted employment categories – except Tier 1
If you are applying in one of these categories, you must not have had absences from the UK of more than 180 days in any 12 months. For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods.

If your qualifying period includes leave granted under the Immigration Rules in place before 11 January 2018, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your settlement application.

For example... blah blah blah..

Now, analysing all the above I see the following

A) After reading caseworker guidance for calculating continius residence (#2 in list of documents) I would say that I don't see a need to have a letter about absenses both from current and previous employer if I don't want to claim any permitted reason that would not be included in absense days calculation (for purpose to estimate absense days in 180day rolling periods).

B) However, SET(O) form has specific question about evidence for all work-related absenses (assume that is for both current and previous employment).

C) In addition, document #1 mentions "SW 19.1. A person applying for settlement as a Skilled Worker must apply online on the gov.uk website on the specified form, “Settle in the UK in various immigration categories: form SET(O)”" and "SW20.1. The applicant must not fall for refusal under Part 9: grounds for refusal" which refers to document #3 in which I found the following:

Absence from employment
9.30.1. A person on the Skilled Worker, Intra-Company, Representative of an Overseas Business, Scale-up (subject to paragraph 9.33.1.), Global Business Mobility T2 Minister of Religion, International Sportsperson or Temporary Worker routes who has been absent from work without pay, or on reduced pay, for more than 4 weeks during any calendar year may have their permission cancelled unless the reason for absence is one of the following:
(a) statutory maternity leave, paternity leave, parental leave, or shared parental leave; or
(b) statutory adoption leave; or
(c) sick leave; or
(d) assisting with a national or international humanitarian or environmental crisis, providing their sponsor agreed to the absence for that purpose; or
(e) taking part in legally organised industrial action.

So I would say from looking at the above, that given that SET(O) form demands the evidence of all absenses, it would be wise to give letters from both current and previous employer and add cover letter if at least one of those cannot be obtained. Do you agree with me?

Even though it may be the case that they changed guidance for caseworkers in the recent years but forgot to change application form.

[zimba]

There is no requirement in the rules to provide any letters from a previous employer/sponsor. Just the current one will do.

indefinite-leave-to-remain/ilr-question ... l#p2090242