Absence reason

[mhnilr]

Hi ,

I have two long leaves greater than 2 months and less than 3 months. I came UK with Tier -2 visa and after getting Tier -1 visa i worked in offshore for 82 days and salary was paid in offshore for that period.

Year 4 = 82 days (Tier-1, was working in offshore)
Year 3 = 70 days (Tier -1)

Please advice below

1. Can i mention that i worked in offshore for training for Year 4 absence ?
a. will it break continuity if i was not paid in uk ?
b. I am requesting Employer to provide a absence letter but they are not willing to give , Is absence letter mandatory from employer ?
2. I was outside UK for 70 days in "Year 3" for marriage
a. Will they consider marriage/holiday as absence reason ?

Regards
Mohan

[mhnilr]

Can some one please respond to this query ?

[O_Relly]

Not an issue as long absences are less than 180 days in 12 months period.

Also no abscence letters are required as total absence in 5 years is less than 180 days.

[mhnilr]

Thanks Relly for your response.

[Venkat79]

Mohan,

Did you apply for ILR? What was the outcome?

Thanks,
Venkat

[kroy]

Hi Mohan,

what was the outcome of your ILR ?
I am in a similar situation where I had to work 3 months in offshore. So I was paid in offshore. Though I was getting trained for my UK assignment.When I first came I was in UK for 1 week to meet the team and then I went offshore for 3 months.
My worry is the clause:
"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken."

Please advise !!

[vinnydpu]

Guys - please can someone take a few mins out to go through my case as well ?

Looking at your response I have a query in my mind with regards to the gap I have during my Tier 1 tenure from 01-Jan-2011 to 16-Aug-2011.

Background:

I came on ICT2 (Inter Company Tier 2 Visa) Stamped in Dec 2009 & came to London on 17th Jan 2010.
I was in the UK from 17th Jan 2010 to 31st Dec 2010 with following holidays:

From To
02-Jul-2010 06-Jul-2010 05 Days Paris Holiday
23-Oct-2010 20-Nov-2010 29 Days India Holiday

I applied for Tier 1 visa under General Category on 16th July 2010 (before 19th July 2010) & got a visa valid from 23-Aug-2010 (until 23-Aug-2012 for 2 years).

I traveled back to India for following reasons on 31st Dec 2010 (night):

1. Child Birth (Was due in 1st week of March 2011).
2. Transfer from Indian company to UK company (head office) as a permanent member of staff.

Transfer was initiated after the baby birth & the HR process took unexpectedly very long. I landed back in UK (London) finally on 17-Aug-2011 & started working here.

Got my extension done on 26th July 2012 for another 3 years valid until 23-Aug-2015 (2+3 years rule).

since then my leave have been very less as below:

29-Feb-2012 20-Mar-2012 21 Days India Holiday
20-Oct-2012 28-Oct-2012 8 Days India Holiday
17-Dec-2013 9-Jan-2014 22 Days India Holiday

I wish to apply for ILR on 14th March 2015 under the following breakup of years (with absentee days as indicated below):

1 15-Mar-2015 16-Mar-2014 -
2 15-Mar-2014 16-Mar-2013 30 Days
3 15-Mar-2013 16-Mar-2012 16 Days
4 15-Mar-2012 16-Mar-2011 166 Days
5 15-Mar-2011 16-Mar-2010 110 Days

Please note that my absence during the following period i.e.

4 15-Mar-2012 16-Mar-2011 166 Days
5 15-Mar-2011 16-Mar-2010 110 Days

was when I had Tier 1 Gen Visa & not ICT T2 visa.

Do I still need to produce a letter from my employer to explain my absence ?

Thanks,
Vin

[argus7]

were you working in India during long absences, If yes then you have broken residency requirements.

[vinnydpu]

Yes I was working in India during the long absence - however I was transferred to the parent company in UK at a later date. Also I am breaking the long absence in 2 duration of <180 days. Why would my residency requirements be broken ?

Thanks,
Vin