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Evidence of absences for ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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t2change
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Evidence of absences for ILR

Post by t2change » Sun Jan 05, 2014 10:58 pm

Hi,

I am on Tier 2 G and after completing 3.5 yrs in company A, I am moving to company B and plan to apply for ILR in 1.5 yrs time. The guidance on ILR says that below is required:
"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"


I had no work related absences from UK and I have never been out of UK for more than 21 days. These absences were either for tourism or family related. Now when I resign from my current job do I need a letter from my employer for last 3.5 yrs non work related absences as well?

Thanks in advance.

Amber
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Re: Evidence of absences for ILR

Post by Amber » Mon Jan 06, 2014 6:50 am

So far as absences are <180 days per 12 month period, evidence shouldn't be required.
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manci
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Re: Evidence of absences for ILR

Post by manci » Mon Jan 06, 2014 8:20 am

Actually, evidence in the form of a letter from the employer setting out the reasons for the absences (including annual leave) must be provided. See pages 19-21
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Ask company A to provide such a letter

Amber
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Re: Evidence of absences for ILR

Post by Amber » Mon Jan 06, 2014 9:31 am

Although, the guidance and the form request evidence, in practice I've not heard another member say they were asked for such where absences were <180 days per 12 month period. Unless someone wishes to rebut this?
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manci
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Re: Evidence of absences for ILR

Post by manci » Mon Jan 06, 2014 10:42 am

The likely logic behind this requirement is that the HO would want to have an applicant's statement about his absences corroborated. IMHO since it is in the guidance to caseworkers it would be advisable to comply with it regardless of the length of absences. Immigration Rule 245HF-SD/B also refers.

Amber
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Re: Evidence of absences for ILR

Post by Amber » Mon Jan 06, 2014 11:08 am

Sometimes it is not possible to get such letters from previous employers, hence, why I think it is ignored by caseworkers.
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