Employment History and Absences

[nachieket]

Hi All,

Hope everyone is good. I have two points to dicuss:

## Employment History ##

I am on TIER-1 General. Date of first Visa Issue - 19/11/2008. Date of Entry - 4/2/2009. So it is a GAP of 77 days which is within 90 days and hence allows me to apply 28 days before 19/11/2013. Please correct me if I am wrong here.

I was transferred by my Indian comany to UK Compay (e.g. XYZ India to XYZ UK) - both are under same group - XYZ. I entered in UK on TIER-1 and have been on TIER-1 all the time so all fine there. But, due to this intra-company transfer and internal delays, UK Company - XYZ UK did not pay salary for Feb and March 2009. They were lazy enough sorting out documentation with XYZ India. I got my first salary in April 2009 which included salary of Feb and March 2009. And all is fine since then.

So after reading below case I am a bit scared.

http://www.immigrationboards.com/viewto ... sc&start=0

In this case, Annoyed was on Work Permit - a different Visa than I am on. I am on TIER-1 General. Could someone please confirm - do I need to prove Employment History for 5 years? My two worries, if I need to prove Employment History, are as below:

- If I need to prove employment history for 5 years, then I wouldn't be able to do so until Feb 2014 or in fact until April 2014 as I don't have pay slips for Feb and March 2009. My employer did give me P60 but that has ZERO income listed on it - basically 2009 P60 contains ZEROs everywhere.

- As per my understanding (I could be wrong), HMRC assumes you are employed only if you pay Taxes and NI which I didn't in Feb and March 2009. So if Case Worker were to scan my Employment History like he did for Annoyed, my employment history will start only from April 2009. Note that I just called HMRC this morning and requested employment history for 2008-2009 to check if my employment records are listed in Feb and March 2009.

Now I would really like to know that "do I really need to prove 5 years of employment while on TIER-1"? I scanned through current ILR Application form and nothing like that is mentioned for TIER-1 General category. I just need to submit documents required by 11A and 11L. However, I did see that according to 11B "Document(s) confirming that you have spent a continuous period of 5 years in the UK" Annoyed had to prove that he was on Work Permit for all 5 years.

So I personally, based on my interpretation of this scenario, don't think I'll have anything to do with this Employment History thing. And I should be fine even with my first pay slip which arrived in April 2009.

Could I request an expert to please confirm this so that I can have a peace of mind?

Side Note: The ILR form doesn't anywhere say P60 is compulsory. You are fine as far as you provide Pay Slips and Bank Statements and that too for last 12 months only! I have no clue why people are after P60? Or are those people chasing P60 are from different Visa Categories?

## Absences from UK ##

While scanning through ILR form, I found that I need to submit evidences for absences from UK. Now the application form on page 14, in a paragraph just below section 6.2 table says "Evidence of all work-related absences". Ok, then I can categorize my absences in two categories as below:

- PAID Holidays during Employment
- Vacation after leaving current Employer and before joining another Employer

Now for first scenario, I can get in touch with previous employers and get letters issued which would say I was on PAID Holidays while working for them. But what do I do for second scenario? What kind of evidence could Home Office require? I am pretty sure that someone of you would have taken a short vacation before joining new Employer. Could you please suggest what should I submit in that case? Or do I not need to submit anything at all as the application form only talks about evidences about "work related absences"?

Thanks,
N

[nachieket]

Gulp! I think I am completely shattered!

I saw below article which says I have actually broken my continous leave in UK by going out of country while not in employment.

https://immigrationboards.com/viewtopic ... ed4060c239

Is this really true? If it is true, I'll go mad!

[mani2013]

Hi All,

Hope everyone is good. I have two points to dicuss:

## Employment History ##

I am on TIER-1 General. Date of first Visa Issue - 19/11/2008. Date of Entry - 4/2/2009. So it is a GAP of 77 days which is within 90 days and hence allows me to apply 28 days before 19/11/2013. Please correct me if I am wrong here.

I was transferred by my Indian comany to UK Compay (e.g. XYZ India to XYZ UK) - both are under same group - XYZ. I entered in UK on TIER-1 and have been on TIER-1 all the time so all fine there. But, due to this intra-company transfer and internal delays, UK Company - XYZ UK did not pay salary for Feb and March 2009. They were lazy enough sorting out documentation with XYZ India. I got my first salary in April 2009 which included salary of Feb and March 2009. And all is fine since then.

So after reading below case I am a bit scared.

http://www.immigrationboards.com/viewto ... sc&start=0

In this case, Annoyed was on Work Permit - a different Visa than I am on. I am on TIER-1 General. Could someone please confirm - do I need to prove Employment History for 5 years? My two worries, if I need to prove Employment History, are as below:

- If I need to prove employment history for 5 years, then I wouldn't be able to do so until Feb 2014 or in fact until April 2014 as I don't have pay slips for Feb and March 2009. My employer did give me P60 but that has ZERO income listed on it - basically 2009 P60 contains ZEROs everywhere.

- As per my understanding (I could be wrong), HMRC assumes you are employed only if you pay Taxes and NI which I didn't in Feb and March 2009. So if Case Worker were to scan my Employment History like he did for Annoyed, my employment history will start only from April 2009. Note that I just called HMRC this morning and requested employment history for 2008-2009 to check if my employment records are listed in Feb and March 2009.

Now I would really like to know that "do I really need to prove 5 years of employment while on TIER-1"? I scanned through current ILR Application form and nothing like that is mentioned for TIER-1 General category. I just need to submit documents required by 11A and 11L. However, I did see that according to 11B "Document(s) confirming that you have spent a continuous period of 5 years in the UK" Annoyed had to prove that he was on Work Permit for all 5 years.

So I personally, based on my interpretation of this scenario, don't think I'll have anything to do with this Employment History thing. And I should be fine even with my first pay slip which arrived in April 2009.

Could I request an expert to please confirm this so that I can have a peace of mind?

Side Note: The ILR form doesn't anywhere say P60 is compulsory. You are fine as far as you provide Pay Slips and Bank Statements and that too for last 12 months only! I have no clue why people are after P60? Or are those people chasing P60 are from different Visa Categories?

## Absences from UK ##

While scanning through ILR form, I found that I need to submit evidences for absences from UK. Now the application form on page 14, in a paragraph just below section 6.2 table says "Evidence of all work-related absences". Ok, then I can categorize my absences in two categories as below:

- PAID Holidays during Employment
- Vacation after leaving current Employer and before joining another Employer

Now for first scenario, I can get in touch with previous employers and get letters issued which would say I was on PAID Holidays while working for them. But what do I do for second scenario? What kind of evidence could Home Office require? I am pretty sure that someone of you would have taken a short vacation before joining new Employer. Could you please suggest what should I submit in that case? Or do I not need to submit anything at all as the application form only talks about evidences about "work related absences"?

Thanks,
N

Hi,
As you are aware, HMRC employment history is not a MUST piece of document that needs to submitted if you are on tier 1. But for your peace of mind you can check the entries when you get the letter from HMRC. The best option in your situation (delayed salary credits for feb and march 2009), you can get a letter from the company stating your period of employment (with your start date clearly mentioned) and also, you can carry the payslip for April 2009 which will have 3 months salary paid to you. I think this will strengthen your case in case of any contradicting entry in the HMRC employment history.

as far as your absences are concerned, you can get a letter from the company to prove teh annual paid leaves. The holidays period between two employments, you can provide a personal letter explaining this. This should suffice.

Hope this helps. good luck.

[mani2013]

To be more precise, I has 46 days of absences between 2 jobs when i was on tier 1, and I got my ILR.

[Anio]

To be more precise, I has 46 days of absences between 2 jobs when I was on tier 1, and I got my ILR.

I'm also in a fix with this absence whilst unemployed issue. I arrived in country on 01/10/08 and attended several interviews in which I was successful with start date of end November 2008. I then travelled back to home country on 09/10/08 for unpaid holidays having secured employment in the UK and also to relocate my young family.

We all arrived again on 15/11/08 and I started work the following week and have been with same employer till date.

My concern is that I don't have any economic activity for the 36 days absence as I took this as holiday prior to new employment and not sure if my reason of relocating family is compelling enough to meet the requirement. I was on HSMP but extended as Tier 1.

Now I am quite worried. Mani2013's absence was in between 2 seasons of UK economic activity, whilst I was only a new UK arrival. Please your advice/ comments are really appreciated.

Please excuse me if the discussion on absence is becoming an overkill - panic tends to set in as the PEO day approaches.

[abhisheks9]

@nacheket
this link should help you
http://www.immigrationboards.com/viewtopic.php?t=121124

[Amber]

Hi,

Can we not make this one a sticky note? This one is a kind of real tension and very scary.

I think I posted same kind of question a couple of months ago and people were divided. I hope people have more experience by now and have learnt based on new ILR Approvals/Refusals and can help me. And this time I am posting this more precisly to cover any doubts.

Well Ok, here I go:

I am on Tier-1 General and I want to apply for ILR by Oct end. I think everything looks good except this one point. I left one company back in 2009 and went to home country for some holidays. Came back after four weeks and joined another company. And now I see that some laws have changed and according to new laws, it has broken my continuity and now I need to wait until 2014 Oct. Please note that my total of absences is around 130 days in last 5 years so it is way below 180 days.

Well my first reaction was - "what the hell!". How could I go in past and change that? I could have easily joined new company and went on leave a couple of months later if I ever knew about future.

Anyways, I did see some articles and it seems some ILRs were approved even with unpaid leaves. But I fear that could just be sheer luck and case worker being too kind! And I don't consider myself lucky so I just rely on hard work. But I think now I need to learn Astrology to predict future laws coming up!

Now a few questions:

- When did this rule came in to place? I think that was Dec 2012. If so, are retrospective changes allowed by law? Or does it just mean that such absences are not allowed Dec 2012 onwards?

- Do we have any update from Home Office clarifying this carefree episode/law?

- Could the guys who got ILR approvals with unpaid leaves suggest how to present application?

Well, I am just beginning to have sleepless nights as the ILR date approaches so any help will be really appreciated not only by me but by all who have made such visits outside UK.

Thanks a lot!

No Q&A. Just go and apply. Your ILR will be approved.

Hi,

Thanks for the confidence shown. However, I have no clue what do I mention in "Absences -> Reason" section while filling in application form. Should I just select "other" and write a personal letter stating that I am below 180 days rule and the absence in 2009 was for some reason? But what reason? I can't think of anything. I don't want to give false information to Home Office.

Could someone tell me what did they mention while filling in form? And what did they write in personal letter?

Thanks!

I was absent for 4 or 5 different occassions. For 4 absences, I had employer letter, for 5th one I had written personal letter. Hence, I had ticked letter from employer. If you had only once absence then tick other and say personal letter.