Question on ILR : Unable to obtain absence letter from previous employer and ILR for kids

[hemant7002]

Hi All,

I move to UK in July 2019 and I am due for my ILR in last week of May. I use to work with an Organization in India and through them I moved to UK on a Tier 2 General Visa. After working with them for almost 3 years in May 2022 I joined another organization on Skilled Worker Visa. I have got relevant letters (continuation of employment and proof of absence) from my current employer to apply for ILR however I haven't received absence letter from my previous employer. I tried reaching out to my previous boss however he is not helping.

My family member was diagnosed with stage 4 cancer in Jan'20 and she passed away in Aug'20 hence I had to travel to India both the times to support my family. I took a few leaves and my boss gave me permission to work out of India for a few weeks so that I can be with my family. It was a peak Covid-19 time and there were only limited flights between India and UK.

Trip number Date of departure from UK Date of return to UK Number of Days
1 26-Jan-20 22-Feb-20 27
2 17-Aug-20 19-Sep-20 33
3 26-Mar-22 18-Apr-22 23

Total absence from UK including all my trips is less than 180 days in 5 year span. I have two questions here:

- If I submit ILR without absence letter from my previous employer will home office reject my application?
- My kids are dependent on me and are due for ILR in June however my wife has her own Tier 2 General visa which she got from her employer and she is also due to for ILR in June. If I am unable to get ILR due to issue highlighted above can my kids apply for ILR on the basis of wife as she has her own Tier 2 General Visa?

I am really worried and it is impacting my mental health. I didn't know that absence letter was one of the requirement otherwise I would have got one issued while I was working at my previous organization however now I am struck and my boss is not supporting. I am looking forward for your advise/suggestion.

Regards,
HK

[zxyzhgp]

I think you just need a letter from your current company. Home office can get your travel history from your passport stamps
Keep in mind the info you get from online visa application is out of date

[hemant7002]

Thanks for your reply - I have a few more questions.

We had a burglary at our home in March 2023 and our valuables (ornaments) and important documents like Passports, BRP and some cash which was kept in a bag was also stolen. We have report from Metropolitan Police basis which we applied for the new passport from UK. I have my travel history because I keep a track of it however my previous passport was stolen so visa officer can verify using their online database because my new passport only has stamp from my last trip to India in Dec'23.

Another question my kids are dependent on me and are due to apply for ILR. If for some reason my ILR application is struck because of letter of absence not received from previous employer can they switch over to my wife and apply for ILR? They are about to complete 5 years and they are dependent on me and if they switch over to my wife they will still be on dependent visa. My wife came on her own Tier 2 Visa which was sponsored by her employer and she is also due for her ILR 15 days after me (June'24).

Do you know anyone who has applied for ILR without letter of absence and still got ILR?

Regards,
HK

[CR001]

You only need an absence letter from your CURRENT employer. You do NOT need one from previous employer.

Your children can only apply for ILR once your wife applies. The rules do not allow children to apply when the one parent is still on a time limited Skilled Worker visa. You either wait till you all qualify and apply or apply on your own and for your children after your wife gets her ILR.

[hemant7002]

Thanks Mate that's good information. I am eligible to apply for ILR from 21st May onwards and Wife from 6th June and Kids from 19th June. Me and my spouse are thinking of applying together which is on or after 6th June and we will apply for kids after 19th June. Hope everything goes well, I will share my experience/findings with this group.

Regards,
Hemant

[zimba]

All you need to know about the sponsor letter for Skilled Worker route

[CR001]

Thanks Mate that's good information. I am eligible to apply for ILR from 21st May onwards and Wife from 6th June and Kids from 19th June. Me and my spouse are thinking of applying together which is on or after 6th June and we will apply for kids after 19th June. Hope everything goes well, I will share my experience/findings with this group.

Regards,
Hemant

You can all apply together. There is NO minimum 5 years for children!

[hemant7002]

Hi All,

Can anyone please share a simple format for 'Experience and Leave of Absence letter' from employer. May be one pager which covers both aspects. I am trying to chase my previous employer and they are asking me to share a format.

My current employer has shared two letters : Leave of absence and employment letter and if I send that to my previous employer they may get confused.

Regards,
Hemant

[lolo2]

You already were advised that you don't need any letter from a previous employer, not sure why you're still asking this.

[hemant7002]

Hi - I have checked with our immigration consultant and they have told me that I need to get experience and leave of absence letter from my previous employer. I am trying to make another attempt hence looking for a single format for the letter that covers both aspects (experience and leaves). I remember reading a post wherein someone has shared a very simple format however I am unable to find it.

Regards,
Hemant

[zimba]

Hi - I have checked with our immigration consultant and they have told me that I need to get experience and leave of absence letter from my previous employer. I am trying to make another attempt hence looking for a single format for the letter that covers both aspects (experience and leaves). I remember reading a post wherein someone has shared a very simple format however I am unable to find it.

Regards,
Hemant

Your immigration consultant is wrong as such advice has no basis in the immigration rules or guide. I am not sure why all these people with expensive consultants never bother to ask these advisors to show them the rules or the official guide where such a requirement appears!

All you need to know about the sponsor letter for Skilled Worker route

Why do you not trust people you pay for advice ??

[lolo2]

Hi - I have checked with our immigration consultant and they have told me that I need to get experience and leave of absence letter from my previous employer. I am trying to make another attempt hence looking for a single format for the letter that covers both aspects (experience and leaves). I remember reading a post wherein someone has shared a very simple format however I am unable to find it.

Regards,
Hemant

I really doubt that you'll find such format because that requirement (experience and leaves from a previous employer) doesn't exist, it doesn't make any sense. Evidently your immigration consultant is giving the wrong advice.

[zxyzhgp]

Hi - I have checked with our immigration consultant and they have told me that I need to get experience and leave of absence letter from my previous employer. I am trying to make another attempt hence looking for a single format for the letter that covers both aspects (experience and leaves). I remember reading a post wherein someone has shared a very simple format however I am unable to find it.

Regards,
Hemant

No No No, very wrong. The immigration consultant probably get this info from online visa application which is different from the up-to-date case worker guidelines. Be careful the Home office do not fully update the terms used in online visa application (some are 10 years ago)

In the forum and from my personal experience, I can say you do not need that (unless the rule changed recenctly)

[hemant7002]

How will they check my previous work history then?

Regards,
Hemant

[AmazonianX]

You are repeatedly advised it is not required, do as you wish.
All government agencies are connected and should the be need for any checks, this can be done without any input of yours.

[hemant7002]

Thank you