letter from employer required for Tier 1 General !!!

[NORTS]

Urgent Help Required,
I would be Grateful for advice please, I received an email from My Case worker asking for letter from my employers to confirm that my absences from UK (total of 91 days, scattered over 5 years) are covered by Paid annual leave, Here is the the email:
"I am the case worker dealing with your application for settlement in UK. Unfortunately you have omitted to include a letter from your employer confirming that your absences from the UK during the 5 yr qualifying period were covered by paid annual leave. The Immigration Rules are prescriptive in this regard and I have to have it before I can approve your application. I am happy to accept it by email from your employer so please feel free to forward this email to them"
I am very confused as my understanding you only need evidence if your collective leave is >180 days, My application is SET (o) after 5 years of Tier 1 General Migrant, again does it matter in my case as "Tier 1" and not work Permit holder to prove that my leaves are under paid annual leaves??
Help and advice is appreciated Guys!

[Manka10]

Thats interesting, no evidence of absences has been asked before if leaves were less than 180/year, did you submit a self-letter listing all your leaves in the past 5 years?

[NORTS]

I did give a breakdown of all my travels abroad, my maximum leave leave at time was 20 days, all holidays visits, unfortunately i don't have my tickets receipts as i was not aware that i need to provide evidence when time comes to apply for ILR.

[landcruiser94]

Hello,

I am about to apply in a few weeks for my ILR and will also be in the same situation.
Do I need my employers to provide letters detailing my absences?

This requirement is SOOOO confusing. My absences over the past 5 years on tier 1 General are as follows:
49,49,48, 57, 60 (calendar days) - a mixture of work absences and paid vacation.

Help!! I really don't want to get into the business of talking to my employers about giving me a letter. They will surely use it against me when negotiating pay increases, benefits, transfer, promotion, etc! - Home office has really put me in a vulnerable position with this ridiculous requirement

Guys.. please help.. Can I get away with applying for ILR without having to approach my employers for letters following absences detailed above??

Thanking you all in advance.

L

[Mind_The_Gap]

Hello,

I am about to apply in a few weeks for my ILR and will also be in the same situation.
Do I need my employers to provide letters detailing my absences?

This requirement is SOOOO confusing. My absences over the past 5 years on tier 1 General are as follows:
49,49,48, 57, 60 (calendar days) - a mixture of work absences and paid vacation.

Help!! I really don't want to get into the business of talking to my employers about giving me a letter. They will surely use it against me when negotiating pay increases, benefits, transfer, promotion, etc! - Home office has really put me in a vulnerable position with this ridiculous requirement

Guys.. please help.. Can I get away with applying for ILR without having to approach my employers for letters following absences detailed above??

Thanking you all in advance.

L

Hi landcruiser94,

Is there any clause stating that a letter should not be provided for absences less than 180 days?

The SET (O) form states that we are required to provide a letter for any absence in the last five years. Should the absence be negligible, the case worker may (at their discretion) overlook the letter. As a fellow ILR applicant, I would suggest you try an obtain a letter. Should you be unable to do so, perhaps attach a cover letter explaining why.

Hope this helps.

MindTheGap

[landcruiser94]

Is there any clause stating that a letter should not be provided for absences less than 180 days?

Hello Mind the Gap,

The requirement is from the SET(O) form section 6.2 which states the following:

"Evidence of all work-related absences (including paid annual leave) is required from those applying under Tier 1(General);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"

The same guidance for SET(O) states you are allowed 180 days outside the UK in each year of the qualifying period. Why do I now have to still provide letters detailing absences which are for personal purpose when they are well withing the 180 days allowance per year?

Some forums says you don't need this letter if your absences are less than 180 days on tier 1 general. Some forums say you do. I am confused really as to what to do.

L

[Mind_The_Gap]

Is there any clause stating that a letter should not be provided for absences less than 180 days?

Hello Mind the Gap,

The requirement is from the SET(O) form section 6.2 which states the following:

"Evidence of all work-related absences (including paid annual leave) is required from those applying under Tier 1(General);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"

The same guidance for SET(O) states you are allowed 180 days outside the UK in each year of the qualifying period. Why do I now have to still provide letters detailing absences which are for personal purpose when they are well withing the 180 days allowance per year?

Some forums says you don't need this letter if your absences are less than 180 days on tier 1 general. Some forums say you do. I am confused really as to what to do.

L

Hi L,

You are allowed implies that this will entitle you to have your application processed. However, this also means that you will have to provide evidence.

MindTheGap