Annual Leave Absence evidence

[mona12]

Hi,

What evidence is required to show the annual leave absence from UK? Can it be a self-signed letter stating the absence dates and reason for absence or Does it definitely need to be a letter from the the employer?

Thanks.

[dk2011]

Normally , If your leaves are within the allowed limit(<=180 in each qualifying year) you don't need it . If you can get the letters easily then you should go for it otherwise you can ignore.

[mona12]

Thanks for the reply.

My total number of days of absence in 5 years are 180 days.

However, during my first absence of about 10 days, I was not employed as this was the break between my two employments. What do I do about that period? I am trying to get a letter from my employer for the rest of the absences.

Thanks

[dk2011]

Which route are you applying ? Tier 1 ? If yes , then don't worry about those 10 days at all.

[mona12]

Yes Tier 1 General for the full 5 years period

[dk2011]

You are fine . For remaining abscence if you can get it easily it is fine otherwise don't bother .

[mona12]

Thanks for replying.

I have got couple of more queries actually, your advice would be of great help.

I got married in Oct 2013 and my husband joined me in UL in Nov 2013 as PBS Dependent. He was issued the PBS Dependent visa on 11th Nov 2013. Before marriage, he was in UK since Oct 2009 on Study visa and then post study work visa. Before his post study work visa was due to expire in Feb 2013, he applied for Entrepreneur visa which was still under consideration up until the date we were travelling to India for wedding. He withdrawn his application and travelled to India. So from Feb 2013 to Oct 2013, he was living in UK because his Entrepreneur visa application was under consideration. Now, however he doesn't qualify for ILR, I am adding his name in the Dependent section of my ILR application.

My concern is that:

1. Could adding his name to my application (even though he is not eligible) impact my application? Could I be refused too because of this?
2. Also, in the Section 5.6 of the Set (O) Form, do I need to mention his earnings as well or shall I mention just my earnings? He is also a full time employee in UK.

Thanks

[dk2011]

[quote="mona12"]Thanks for replying.

I have got couple of more queries actually, your advice would be of great help.

I got married in Oct 2013 and my husband joined me in UL in Nov 2013 as PBS Dependent. He was issued the PBS Dependent visa on 11th Nov 2013. Before marriage, he was in UK since Oct 2009 on Study visa and then post study work visa. Before his post study work visa was due to expire in Feb 2013, he applied for Entrepreneur visa which was still under consideration up until the date we were travelling to India for wedding. He withdrawn his application and travelled to India. So from Feb 2013 to Oct 2013, he was living in UK because his Entrepreneur visa application was under consideration. Now, however he doesn't qualify for ILR, I am adding his name in the Dependent section of my ILR application.

My concern is that:

1. Could adding his name to my application (even though he is not eligible) impact my application? Could I be refused too because of this? -- Why are you adding his name on application when clearly he isn't eligible for ILR ? It won't impact your case but it sounds meaningless . He can be a PBS dependent until he qulifies for ILR.
2. Also, in the Section 5.6 of the Set (O) Form, do I need to mention his earnings as well or shall I mention just my earnings? He is also a full time employee in UK.--You just need to mention your earnings.

Thanks[/quote]

[mona12]

I am adding his name because he has been told few cases by his known people who were the same case as us and still the Dependents were granted ILR. One of his relatives has completed only 1 year 8 months on Dependent visa (his wife's visa was Work permit + Tier 1 General) and was granted ILR with his wife.

So, my husband is ready to lose the money but want to take a chance.

[dk2011]

ok. It won't impact outcome of your application but it may delay it if desicion isn't made same day because of the complexity of your application.

[mona12]

I hope it doesn't, fingers crossed. Thanks for the help.

[sheraz_aries]

When is your appointment?

[Mr.ps]

I am applying for ILR from Tier 1 General and I am in a similar situation as I was absent from UK for around 20 days when I was unemployed.
I am trying to find out if my application could be refused due to this reason and if I will need to apply for an additional extension.
Does anyone have a definite answer to this or if anyone has applied in these circumstances and could update.

[sridhark]

I am in a similar situation. I am on Tier 1 General. I was absent from UK for 4 weeks and was unemployed during that period. So I cannot show any evidence from employer. Will this break my 5 year continuous period.

As per the document:
Absences must be for a reason consistent with the original purpose of entry to the UK or for
a serious or compelling compassionate reason in the following categories: Tier 1 (General) -

original purpose of entry to the UK was employment for Tier 1 General Migrant visa. So please can some one advice me if this will cause any problems. Have anyone with similar case applied and went through ULR process.

Thanks in advance for your help.

[ycce94]

I too am in a similar situation where my absence was during the initial period of unemployment.

Seeking a faster reply as the ILR date is 15th March

Thanks in advance

[Mr.ps]

This law needs to be challenged.

[mkazimhyobo]

In the event when annual leaves are less than 180 days per year, which option one needs to select in SET(O) form under 6.3 when he is only submitting his cover letter and no employer letter.

[bluskeye]

Hi,

has anyone received a definitive answer on whether their continuity for ILR has been broken when being absent from the UK whilst unemployed?

This is with specific reference to Tier 1 (General).

Regards,

blu

[mkazimhyobo]

Hi bluskeye,
Under new rules you can stay out of UK for 180 days in one calendar year, irrespective of your employment status. Lets say you are applying on 10 March for ILR so for you one calendar year will be 11 March 2013 - 10 March 2014 and so on. However you still need to prove that you have earned enough income in last 12 out of 15 months to get required points.

Hope that helps.

[bluskeye]

Thank you mkazimhyobo.

[prajeeshppulikkal]

Hi All,

I am due to apply for ILR ( tier 2) - 5 years.
I have a 28 days absence after i left first job and started the second job. I was abroad this period, though i had my visa obtained for the second employer- joining date was after my return. Will this be a problem on my ILR application?
What evidence should i submit?

Thanks