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UK Absences

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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amit0277
Member
Posts: 132
Joined: Fri Feb 29, 2008 6:34 pm

UK Absences

Post by amit0277 » Tue Jan 14, 2014 10:13 pm

Hi,
I am on Tier 1 visa and my ILR is due this month end. I entered UK for first time on 30 Jan 2009. I have some doubts regarding UK absences.

Can someone please clarify my following doubts?
I have taken 5 days holiday to bring my family to UK in May 2009. I was working on a fixed term contract at the time of holiday.
The employer does not have record of this holiday. However I have the contract document will state that I can take 10 day holiday in addition to public holidays. Can I use the contract document for this purpose? or Can I give a personal letter in this situation?

I have again taken 1 month holiday in 2012. During that time I was working through my own limited company. Can you please guide me on how to deal the UK Absences while through own limited company?

Many thanks
AR

amit0277
Member
Posts: 132
Joined: Fri Feb 29, 2008 6:34 pm

Re: UK Absences

Post by amit0277 » Tue Jan 14, 2014 11:20 pm

Gurus please help!!!

amit0277
Member
Posts: 132
Joined: Fri Feb 29, 2008 6:34 pm

Re: UK Absences

Post by amit0277 » Wed Jan 15, 2014 12:51 am

Guys please help !!!! :roll: :roll:

amit0277
Member
Posts: 132
Joined: Fri Feb 29, 2008 6:34 pm

Letter of Absence

Post by amit0277 » Wed Jan 15, 2014 9:19 am

Hi, I am on Tier 1 visa and my ILR is due this month end. I entered UK for first time on 30 Jan 2009. I have some doubts regarding UK absences.

Can someone please clarify my following doubts? I have taken 5 days holiday to bring my family to UK in May 2009. I was working on a fixed term contract at the time of holiday. The employer does not have record of this holiday. However I have the contract document will state that I can take 10 day holiday in addition to public holidays. Can I use the contract document for this purpose? or Can I give a personal letter in this situation?

I have again taken 1 month holiday in 2012. During that time I was working through my own limited company. Can you please guide me on how to deal the UK Absences while through own limited company?

Many thanks AR

dk2011
Senior Member
Posts: 526
Joined: Mon Mar 18, 2013 9:10 pm

Re: Letter of Absence

Post by dk2011 » Wed Jan 15, 2014 9:43 am

You just need to mention these as holiday . You don't need any cover letter for this . keep your contract document with you which you can produce if demanded which is highly unlikely. Regrading working through own limited company you must be paying salary to yourself ? If yes , just keep pay slip of that month with you . Your leaves are well under allowed limit and i wouldn't worry at all.

Manka10
Senior Member
Posts: 714
Joined: Wed Feb 22, 2012 9:11 am
Location: 127.0.0.1

Re: UK Absences

Post by Manka10 » Wed Jan 15, 2014 10:25 am

no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application
Manka

amit0277
Member
Posts: 132
Joined: Fri Feb 29, 2008 6:34 pm

Re: Letter of Absence

Post by amit0277 » Thu Jan 16, 2014 12:34 am

dk2011 wrote:You just need to mention these as holiday . You don't need any cover letter for this . keep your contract document with you which you can produce if demanded which is highly unlikely. Regrading working through own limited company you must be paying salary to yourself ? If yes , just keep pay slip of that month with you . Your leaves are well under allowed limit and i wouldn't worry at all.

Many thanks dk2011 :D

amit0277
Member
Posts: 132
Joined: Fri Feb 29, 2008 6:34 pm

Re: UK Absences

Post by amit0277 » Thu Jan 16, 2014 12:35 am

Manka10 wrote:no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application
Many thanks Manka :D

N2012
Newbie
Posts: 45
Joined: Sat Feb 04, 2012 1:44 pm

Re: UK Absences

Post by N2012 » Fri Jan 17, 2014 8:18 am

Manka10 wrote:no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application

Is there any reference in the form (SET(O) in my case), the guidance notes, the law or anywhere to this rule? It certainly makes sense but from reading here I see that many people like me are unsure about whether they need a letter for their absences or not. Is there any guidance about it from UKBA?

Manka10
Senior Member
Posts: 714
Joined: Wed Feb 22, 2012 9:11 am
Location: 127.0.0.1

Re: UK Absences

Post by Manka10 » Fri Jan 17, 2014 8:26 pm

N2012 wrote:
Manka10 wrote:no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application

Is there any reference in the form (SET(O) in my case), the guidance notes, the law or anywhere to this rule? It certainly makes sense but from reading here I see that many people like me are unsure about whether they need a letter for their absences or not. Is there any guidance about it from UKBA?
I never said you don't need a letter at all, for absences less than 180 days in a year you can prepare a summary of days out of UK yourself, letter from employers is not required, absences of more than 180 days in a year will only be accepted if there is a compelling and compassionate reason

Source: personal as well as other's experience ;) 8) not every rule can be written down in black and white

Also the letter of absences from employers rule never existed when Tier 1 came into being so no retrospective changes would be applied, more so since T1 is now closed
Manka

N2012
Newbie
Posts: 45
Joined: Sat Feb 04, 2012 1:44 pm

Re: UK Absences

Post by N2012 » Sat Jan 18, 2014 2:14 pm

Manka10 wrote: I never said you don't need a letter at all, for absences less than 180 days in a year you can prepare a summary of days out of UK yourself, letter from employers is not required, absences of more than 180 days in a year will only be accepted if there is a compelling and compassionate reason

Source: personal as well as other's experience ;) 8) not every rule can be written down in black and white

Also the letter of absences from employers rule never existed when Tier 1 came into being so no retrospective changes would be applied, more so since T1 is now closed
Thanks, Manka10.
I was referring to an employer's letter, I will of course provide details about my absences in the form and explain in a cover letter.

I thought this was not a T1 requirement. Actually the Tier 1 guidelines are very detailed and clear about which evidence is required for each attribute and gives many possible options, which is why I wondered whether I was missing somehting regarding the ILR guidelines.

The SET(O) guidance says: "From 13th December 2012 applicants in qualifying employment categories for ILR are required to submit documentary evidence of all absences from the UK, as specified in Section 6.3 of the form". Does T1 fall under "qualifying employment categories"?

Seems like it does because section 6.3 says that "evidence of all work-related absences (including paid annual leave) is required from those applying under Tier 1". The possible options for evidence are: letter from employer, letter from applicant - but only for compelling or compassionate reasons, medical/birth documents and letter from travel companies. This suggests that the only relevant evidence for me would be letter from my employer.

These guidelines indicate that evidence is required regardless of the length of absence. I understand that according to people's experience this is not the case, but since I can't find any reference to this rule I'm thinking maybe it's better to be safe than sorry...

In any case thank you for your help!

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