Annual Leave in WP, but no letter frm employer NOW in T1

[manisankarmani]

There is a bit of confusion which I wanted your help to resolve.

My Situation:

Aug 2008 - Entered UK with Tier 2 ( Sponsored )
Oct 2009 - Went for 1 month of unpaid annual leave ( No supporting letter from employer )
July 2010 - Received Tier 1


Now I am planning to apply for ILR in Aug 2013. Based on new rule, it says, I need to provide proof of absense even if its Annual Leave. Being earlier in Indian Company simply erases the hope of any supporting letter from their side.

Based on the text of the SET(O) , Section 6.2 form, it says -

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); Tier 5 International Agreement, and permitted employment categories - except Highly
Skilled Migrants.

As I will be applying under Tier 1 , does that mean, I am not required to provide evidence.

Now, another email reply ( Automated one ) from Settlement Ops Policy Mailbox says the following:

Q I was a work permit holder, but will be applying for settlement as a Tier 1 (General) migrant, do I need to provide evidence of work related absences for both periods of leave?
A. You only need to provide evidence for absences incurred during the period of leave as a work permit holder

Gurus please help me to understand the situation and is there any issue if I apply in July and include the above mentioned period ( Tier 2 , Sponsored ) without employer letter for absense.

Thanks,

[cs95tdg]

According to the automated response you have quoted above, they are expecting you to submit an employer letter to confirm your absences while on a WP. It looks like they have now amended the FAQ automated response to include this answer, which is good. It wasn't clear when I applied earlier last month (WP+T1G route) - but received the same response when I emailed them to enquire about this.

Note however that in my case the CW did not ask for this letter, even though I had one ready to provide if it was requested.

[manisankarmani]

According to the automated response you have quoted above, they are expecting you to submit an employer letter to confirm your absences while on a WP. It looks like they have now amended the FAQ automated response to include this answer, which is good. It wasn't clear when I applied earlier last month (WP+T1G route) - but received the same response when I emailed them to enquire about this.

Note however that in my case the CW did not ask for this letter, even though I had one ready to provide if it was requested.

Thanks for your response. As we discussed in other forum that this was UNPAID ANNUAL LEAVE of less than a month(28 days roughly), is it safe to ignore the letter and apply for the ILR?

In section 6.2 SET(O), can I write UNPAID ANNUAL LEAVE. The reality for my case is , there is no possibility of getting a letter from employer being a ex. employer.

Thanks,

[cs95tdg]

My other response was to indicate that the one month break on its own would not constitute a break in your residence. This is a different requirement, where the UKBA require all absences to be confirmed by your employer for periods of absence you had while under a employer sponsored immigration category.

If you are no longer able to get a letter, you may need to see whether you have anything with you from your former employer to confirm this. It may not become an issue, as not all CW's request to see this letter, if you are applying for ILR under T1G, which is not an employer sponsored immigration category.

[manisankarmani]

My other response was to indicate that the one month break on its own would not constitute a break in your residence. This is a different requirement, where the UKBA require all absences to be confirmed by your employer for periods of absence you had while under a employer sponsored immigration category.

If you are no longer able to get a letter, you may need to see whether you have anything with you from your former employer to confirm this. It may not become an issue, as not all CW's request to see this letter, if you are applying for ILR under T1G, which is not an employer sponsored immigration category.

Thanks once again dealing with query and I little relaxed to know that it might not be a show stopper if I am not having a real bad luck. And yes I will be applying in T1G category.

Can I ask you wheher you also applied under T1G ?

Thanks

[kodamvijay]

Hi manisankarmani

mine was a same case(WP + T1), but I've managed to get a letter from my ex-employer (I had to chase them for 3 months with emails and phone calls, annoying them and making them to provide me the letter). I applied through a solicitor and they was saying that based on the new rules even the employers, by law, has to provide such letter when requested. So, try to get hold of somebody to whom you can speak and try explain them the situation and the newly changed laws.

Even I thought that it would be a waste of time to contact my ex-employer initially because they were not responding to any requests, but I got hold of a HR person who really helped and probably I was a bit lucky.

I don't know your situation and you might have already tried, apologies if so. But I would suggest if not contacted already better try to contact them. I left the company around 4 years ago and I didn't even serve my notice period when I left. My manager wasn't also too happy with me. But I still got the letter

and from an employer's view - they wouldn't want to risk there business just by not providing a letter to an employee , because like I said above, by law, every employer has to provide this info when requested

Thanks

[cs95tdg]

Can I ask you wheher you also applied under T1G ?

Yes I did. My residence was made up of time on a WP and then T1G, so I applied for ILR as a T1G Migrant. Note that I did have a letter confirming my absences while on a WP, which came to approximately a 30 days. But as the case worker never requested it on the day, I didn't submit it.

There are however other experiences (WP/T2+T1G) posted on this forum where case workers have asked for this letter, which is required according to the current rules. IMHO, the importance of the letter would depend on the individual case worker and also whether or not the applicant had a large number of absences during that residence period.

In summary, my opinion would be that it's good if you can get one, but shouldn't be a major problem if don't, so long as you didn't have a large number of absences during that period - which a case worker would want to verify.

[manisankarmani]

Can I ask you wheher you also applied under T1G ?

Yes I did. My residence was made up of time on a WP and then T1G, so I applied for ILR as a T1G Migrant. Note that I did have a letter confirming my absences while on a WP, which came to approximately a 30 days. But as the case worker never requested it on the day, I didn't submit it.

There are however other experiences (WP/T2+T1G) posted on this forum where case workers have asked for this letter, which is required according to the current rules. IMHO, the importance of the letter would depend on the individual case worker and also whether or not the applicant had a large number of absences during that residence period.

Thanks, this makes complete sense. I agree with your view. In my case almost impossible to get, so I would like to take a chance in next few months to see how it goes. Did you see any situation where the same got rejected based on unavailability of this letter?

I will have to keep an eye on this forum for next few months it seems to understand how its going.

Thanks again.

[manisankarmani]

Sorry to bother you once again. After scrutinizing the document, I realized the leave when I went to India ( 28days when in Tier 2 ICT) at that time my visa got renewed.

The exact dates are as below:

Visa due to expire on 31st Oct
I Went to India on 9th Oct
Received my extented Tier 2 Visa from 5th Nov
Reached uk on 7th Nov.

If this is the case, then what should you suggest to write in the 6.2 of SET(o), reason of absense. Though its arguable that its always possible to extend this from UK, but my company chose to send me to India instead.

Thanks,

[cs95tdg]

If this is the case, then what should you suggest to write in the 6.2 of SET(o), reason of absense.

Were you working from that location, during that time? Or were you on holiday? State whatever reason that's appropriate to you.

[manisankarmani]

If this is the case, then what should you suggest to write in the 6.2 of SET(o), reason of absense.

Were you working from that location, during that time? Or were you on holiday? State whatever reason that's appropriate to you.

Thanks for your response. Yes, I was on Holiday, so I would write Holiday.

[manisankarmani]

Hi,

Slight change of situation. I contacted my previous company's HR as per the idea given by kodamvijay. After few emails, he assured me that he will write me the letter. Actually he is one the best HR I ever interacted ever in the company.


"I will not be able to speak about this being an annual leave but rather an end of deputation and the a fresh deputation, as I can see on the system.

In my experience, this will be acceptable to the UK BA. " - Company HR

He now asking me to give me a format where he will give the details which I require. Can anyone help me with the same?

I went back to India and came within 28 days after my visa got renewed in the similar role.

Any help would be highly appreciated.

I checked the forum for various formats ( In sticky etc ), but none of these covering the above situation.

Thanks,

[manisankarmani]

Hi,

Do you have the format of the letter you asked from your employer?

Thanks,