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Absences question

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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kirankaja12
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Posts: 28
Joined: Wed Nov 23, 2011 8:01 pm
Location: Reading, UK

Absences question

Post by kirankaja12 » Fri Jan 10, 2014 8:50 pm

Hi, I have a PEO appointment on Monday 13th January 2014. My 5 year residence period was on Tier1 (General).

I have never been out of the country for more than 180 days in the last 5 consecutive 5 year periods. I come no way close to it. My travel is about 40 days a year. From February 2009 to October 2010, I was working for a different employer. That employer gave me a letter mentioning work related absences but has failed to mention paid annual leave in the letter. Again, I don't come close to the 180 day limit at all. My lawyer thinks that it isn't a problem if the previous employer hasn't mentioned annual leave in the letter. But I am worried.

How crucial is it to submit documentary evidence of absences when you haven't exceeded the allowed absences limit? There is no problem with the current employer. it is the previous employer from more than 3 years ago that is the problem. I did take annual leave when I was working for the previous employer and this was for about 3 weeks but as I said I don't come close to the 180 day limit.

Any thoughts are appreciated.

Thanks in advance for help.

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

Re: Absences question

Post by dk2011 » Fri Jan 10, 2014 9:36 pm

There is no need to worry as long as your leaves are within the allowed limit. Your solicitor is right . You will be fine.

kirankaja12
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Posts: 28
Joined: Wed Nov 23, 2011 8:01 pm
Location: Reading, UK

Re: Absences question

Post by kirankaja12 » Fri Jan 10, 2014 9:45 pm

Thanks a lot DK2011. What do you mean by allowable limit?

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

Re: Absences question

Post by dk2011 » Sat Jan 11, 2014 9:58 am

That is 180 days or less in each qualifying period.

joshua77
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Joined: Wed Jan 01, 2014 11:39 pm

Re: Absences question

Post by joshua77 » Sat Jan 18, 2014 5:53 pm

Hello Did you get your visa sorted?

kirankaja12
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Posts: 28
Joined: Wed Nov 23, 2011 8:01 pm
Location: Reading, UK

Re: Absences question

Post by kirankaja12 » Sat Jan 18, 2014 6:17 pm

Yes, iLR was approved on 13/01/2014.

joshua77
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Re: Absences question

Post by joshua77 » Sat Jan 18, 2014 6:58 pm

Thanks kirankaja12 ,

Can you please let me know few queries, as I am in a similar situation wherein my previous employer has gone bankrupt and I cannot get any evidence of the annual holidays
1) Did you provide any evidence for your absences during the 5 year period ?, Specially from your previous employer
2) Which PEO did you go to?
3) What did you tick/write in that section(6.3) of the form?
4) Did CW mentioned anything about it?

Kind Regards

kirankaja12
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Posts: 28
Joined: Wed Nov 23, 2011 8:01 pm
Location: Reading, UK

Re: Absences question

Post by kirankaja12 » Sun Jan 19, 2014 12:17 pm

joshua77 wrote:Thanks kirankaja12 ,

Can you please let me know few queries, as I am in a similar situation wherein my previous employer has gone bankrupt and I cannot get any evidence of the annual holidays
1) Did you provide any evidence for your absences during the 5 year period ?, Specially from your previous employer

KK: Most of my absences from the UK were work related. So, I managed to get a letter from the current and previous employer confirming the dates of the work trips. But as long as your absences are under 180 days in the last 5 consecutive 5 year periods, you should be OK even without such a letter. I also provided a list of absences. Get the Excel sheet from this website.

2) Which PEO did you go to?

KK: Croydon.

3) What did you tick/write in that section(6.3) of the form?

KK: Just said "Please refer to the attached schedule of absences".

4) Did CW mentioned anything about it?

KK: Nothing. As I said, as long as you are under the allowed limit of absences, you should be OK.

Kind Regards

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