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Does a employer letter need for less that 180 days absence ?

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londener
Member
Posts: 113
Joined: Fri Jan 11, 2013 11:30 pm

Does a employer letter need for less that 180 days absence ?

Post by londener » Sun Jun 30, 2013 2:39 pm

Hi everyone,

I am tired of seeking information regarding the ILR , initially as a Highly Skilled Migrant, extended in 2010 into tier-1 ( General) ,the continuation of HSMP.Now applying for ILR coming Wednesday.

Section 6 -Immigration History as per SET(0) says,

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 ( Sports-person),Tier-5 International Agreement ,and permitted employment categories-except Highly Skilled Migrants.

As I was here under Highly Skilled Migrants should I still be furnished an employer letter showing the reason of absences though I am within the limit of 180 days ?
Help me out please , if so I wont be apply on that day.
Cheers
Londener

believe in yourself !!!

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 1:18 pm
Wales

Post by argus7 » Sun Jun 30, 2013 9:00 pm

Yes, Depends on case worker. If you write an explanation in a cover letter , explaining with evidence of leave (paid) or unpaid will help.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Re: Does a employer letter need for less that 180 days absen

Post by onabanjo » Sun Jun 30, 2013 10:49 pm

londener wrote:Hi everyone,

I am tired of seeking information regarding the ILR , initially as a Highly Skilled Migrant, extended in 2010 into tier-1 ( General) ,the continuation of HSMP.Now applying for ILR coming Wednesday.

Section 6 -Immigration History as per SET(0) says,

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 ( Sports-person),Tier-5 International Agreement ,and permitted employment categories-except Highly Skilled Migrants.

As I was here under Highly Skilled Migrants should I still be furnished an employer letter showing the reason of absences though I am within the limit of 180 days ?
Help me out please , if so I wont be apply on that day.
Cheers
Londener

The answer is capital NO. You don't need the letter and you don't have to have sleepless night over this.If you have been following previous posts on this particular issue and people experiences ( including mine), then you will have the confidence to send your application without the letter.
Since you are within the 180 days threshold, you don't need it.
Best of luck
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Re: Does a employer letter need for less that 180 days absen

Post by onabanjo » Sun Jun 30, 2013 10:49 pm

londener wrote:Hi everyone,

I am tired of seeking information regarding the ILR , initially as a Highly Skilled Migrant, extended in 2010 into tier-1 ( General) ,the continuation of HSMP.Now applying for ILR coming Wednesday.

Section 6 -Immigration History as per SET(0) says,

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 ( Sports-person),Tier-5 International Agreement ,and permitted employment categories-except Highly Skilled Migrants.

As I was here under Highly Skilled Migrants should I still be furnished an employer letter showing the reason of absences though I am within the limit of 180 days ?
Help me out please , if so I wont be apply on that day.
Cheers
Londener

The answer is capital NO. You don't need the letter and you don't have to have sleepless night over this.If you have been following previous posts on this particular issue and people experiences ( including mine), then you will have the confidence to send your application without the letter.
Since you are within the 180 days threshold, you don't need it.
Best of luck
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

londener
Member
Posts: 113
Joined: Fri Jan 11, 2013 11:30 pm

Post by londener » Mon Jul 01, 2013 8:51 am

Thank you Onabanjo,
I amm now under Tier-1 visa extending from HSMP so should I still no need to show the proof of absence ?.People say you must have a letter from your employer for all your absences untill they are within 180 days just after 13st Dec, 2012 ???
Cheers friend
Londener
believe in yourself !!!

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Post by onabanjo » Mon Jul 01, 2013 9:59 am

londener wrote:Thank you Onabanjo,
I amm now under Tier-1 visa extending from HSMP so should I still no need to show the proof of absence ?.People say you must have a letter from your employer for all your absences untill they are within 180 days just after 13st Dec, 2012 ???
Cheers friend
Londener
Yes , am aware of the new rule and my post regarding your enqury was after the new policy of Dec. 13th .Other people posts including mine were in this year 2013.However, If you aren't confident enough , you are at liberty to include it.
Thank you
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

londener
Member
Posts: 113
Joined: Fri Jan 11, 2013 11:30 pm

Post by londener » Mon Jul 01, 2013 10:47 am

Onabanjo ,


Thank you for you confident suggestion!
The Set(0) form Section-6 ,prior to April 2013 doent say anything for tier 1 general but now it included Tier-1 General too....am I right ???
If you see on above my post I have highlighted -except Highly Skilled Migrant which means should be covered by JR and no need to get Tier-1.
Thank you for more clarification.
Lon
believe in yourself !!!

Anio
Junior Member
Posts: 69
Joined: Mon Mar 31, 2008 5:20 pm

Post by Anio » Mon Jul 01, 2013 10:48 am

The answer is capital NO. You don't need the letter and you don't have to have sleepless night over this.If you have been following previous posts on this particular issue and people experiences ( including mine), then you will have the confidence to send your application without the letter.
Since you are within the 180 days threshold, you don't need it.
Best of luck

My understanding is that after April 2013, even ex HSMP/ Tier 1 applicants need to furnish explanation of ALL absences, which in my interpretation is:

i) employer letter for all paid absences including annual leave
ii) personal statement for unpaid annual leave i.e either for break in-between jobs, whilst seeking work/ unemployed or whilst self-employed.

From others' experience, it seems this is not being requested by case workers for ex HSMP/ Tier 1 applicant. Nonetheless in the woolly and ambiguous ILR calculating continuous period guidance, page 20-21 requires some explanation.

I have paid and unpaid leave absences and will be providing both employer letter and personal statement. Maybe it's a bit too much information but then if we're no longer having face-to-face interviews with the case worker (Croydon PEO), I would like to know my documents are clear and state my case.

Just my two cents.

Anio
Junior Member
Posts: 69
Joined: Mon Mar 31, 2008 5:20 pm

Post by Anio » Mon Jul 01, 2013 10:57 am

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 ( Sports-person),Tier-5 International Agreement ,and permitted employment categories-except Highly Skilled Migrants.
For further clarity - I entered the UK on HSMP but extended to Tier 1 in 2010, in light of this, I don't consider my application as being under HSMP but under Tier 1.

On the other hand, as my absence was whilst still an HSMP holder - I could state this in my cover letter/ personal statement.

Does anyone have other views? I will be applying end of this month and will definitely share my experience as well.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Post by onabanjo » Mon Jul 01, 2013 1:43 pm

londener wrote:Onabanjo ,


Thank you for you confident suggestion!
The Set(0) form Section-6 ,prior to April 2013 doent say anything for tier 1 general but now it included Tier-1 General too....am I right ???
If you see on above my post I have highlighted -except Highly Skilled Migrant which means should be covered by JR and no need to get Tier-1.
Thank you for more clarification.
Lon
q

Yes , am aware and all my posts abd others I referred to have to do Tier 1 general which wasn't in the previous policy before. Even legal represebtatives have clearly interpreted that policy as being directed to ONLY those whose have absences more thab 180days threshold

Thank you
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Post by onabanjo » Mon Jul 01, 2013 2:02 pm

londener wrote:Onabanjo ,


Thank you for you confident suggestion!
The Set(0) form Section-6 ,prior to April 2013 doent say anything for tier 1 general but now it included Tier-1 General too....am I right ???
If you see on above my post I have highlighted -except Highly Skilled Migrant which means should be covered by JR and no need to get Tier-1.
Thank you for more clarification.
Lon
q

Yes , am aware and all my posts abd others I referred to have to do Tier 1 general which wasn't in the previous policy before. Even legal represebtatives have clearly interpreted that policy as being directed to ONLY those whose have absences more thab 180days threshold

Thank you
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

newbie_2013
Member
Posts: 195
Joined: Thu Jan 31, 2013 10:58 pm

Post by newbie_2013 » Mon Jul 01, 2013 4:03 pm

onabanjo wrote:
londener wrote:Onabanjo ,


Thank you for you confident suggestion!
The Set(0) form Section-6 ,prior to April 2013 doent say anything for tier 1 general but now it included Tier-1 General too....am I right ???
If you see on above my post I have highlighted -except Highly Skilled Migrant which means should be covered by JR and no need to get Tier-1.
Thank you for more clarification.
Lon
q

Yes , am aware and all my posts abd others I referred to have to do Tier 1 general which wasn't in the previous policy before. Even legal represebtatives have clearly interpreted that policy as being directed to ONLY those whose have absences more thab 180days threshold

Thank you

Hello Onabanjo

Just to follow up on that. By 180 day threshold, you mean 180 days/ year as per the new rules right? Although the lower the days out, the better it is I guess.

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