Do I need to provide absence letter for ILR on Tier 1 (G)?

[tsadeel79]

Hi All,
I am confused from difference posts on this forum regarding continuous residence and letter provide on absence.

I am on Tier 1 (G) since 6 Oct 2009 (in-country) and next month my ILR is due. I am on continuous employment since 2009 and had small family trip during my 5 years. If I calculate my absence outside UK for last 5 years should not be more than 50 days.

My Questions are:-
1) Do I need to provide evidence for my all absence and trip back to home?
2) Do all these small trip effect on my continuous residence?
3) My understanding is you need to provide absence evidence if you are absence outside UK more than 180 days. Am I correct?

Please clarify my confusion as I am going to apply ILR next month in PEO. If any evidence require for my short trips I am going to start compiling it.

Please guys advice me!!!!

[tsadeel79]

Can anyone advice please?

[aravindb4u]

Hi tsadeel79,

Ideally, for any absence out of UK, you have to provide evidences, if you go by the rules.
However UKBA are bit lenient towards this if you absences are < 180 days in any single year (if you are going via PEO appointment).
There are so many cases in this forum where the CW never asked for any evidence if absence < 180 days.

Option 1 : However, if you leave are during a paid period and if your employer is willing to provide a letter confirming you annual holidays then your case would be simple, if you could get a letter. Do this if you can for peace of mind.

Option 2 : If you cant get a letter say from previous employer, atleast attach an evidence that you have requested them and they didnt provide (ie email copy of letter request) and provide a personal letter.

Option 3: If you have unpaid absences, then try get some medical certificate for compelling reasons for it. If you cant get it, just attach a personal letter listing absences.

Option 4: Dont tick any option in section 6.3 and dont give any letter. There are so many successful cases via PEO with this option.

If all your absences are paid, I would go with Option 1 and (or) 2.
But please dont dare to give evidences for some absences and no evidences for some. That will put you in awkward situation.

Hope that helps.

Thanks

[hsr1972]

Hi aravindb4u

I have a query with respect to absence , I have been to india when i was Self-Employed as " Sole trader " and i have visited
family in india and also did some training course which i have certificate and Paid Fee receipt for training which i underwent.
I am permanent employee for 2 employers where i have got absence letter. Overall my absence are less than 90 days in 5 years .

Could you please let me know should provide evidence for the above situation or just specify the total number of days absence in simple spreadsheet because i am going for PEO ?

-hsr_72

[aravindb4u]

Hi hsr1972,

I am in the same boat as you. I have unpaid absences and worried about it and applying PEO in 2 weeks time.

I am planning to go with just personal letter listing absences and no evidences submitted as my absences are only 90 days for whole 5 years. Lets see what happens.

When is ur appointment and which PEO?

Cheers

[tsadeel79]

The whole point is whether they can refused ILR basis on not providing evidence of your absence of < 180 days in 5 years.

I think no as far as you provide evidence of your 75 points which eligible you for ILR and continuous residence of 5 years you will be ok. if you have > 180 days absence in any 12 consecutive months which mean you broke your 5 years continuous residence until not provide valid reason and evidence.

I don't have any evidence of my any paid 63 days holidays in past 5 years. Also, I am not sure if I ask evidence of my previous employer what should they provide me, Just holiday request form I submitted? not sure can any one tell me what exactly evidence should like for absence.


What you guys think?

[hsr1972]

Hi aravindb4u

I have got still couple of months time for my PEO. I don't think it depends upon your absence is based on Paid or Unpaid , If you think logically on Tier1 General you can't expect soon you land to UK you will get a job in that case if you will be unemployed and you are out of UK then you can't provide any evidence. I think we all gone through this forum people who have got less than 180 days and who has gone through PEO they got ILR . We never seen any member asked for evidence by CW.If you are more than 180 days in any of the year then definitely they will ask for absence evidence. Case worker can give exemption only in terms of compelling or compassionate reason or if you are on business trip for 6 months and if you are able to provide employer letter then it makes sense.

Overall i can say the absence is not depends upon paid or unpaid or employed or self employed , they are only concern about the reason for absence and if you are within the 180 day immigration rule.

I think if you just give a simple spreadsheet with number of days out and reason for absence should suffice.

Kindly let me know your thoughts will u guys agree ?


-hsr_72

[hsr1972]

@tsadeel79,

If you can ask your previous employer to give you a letter stating the dates that you are on annual leave on those days you were absence that should suffice on top of it if they can give you Date of Joining and End date of that company in case if you have resigned that company.

If you can get a letter from previous employer keep it as a backup , If caseworker asks you can give them otherwise just simply specify in the letter. Since you have absence less than 180 days in any of the year.

-hsr_72

[tsadeel79]

Thanks all
I will try my best to get absence letter from my previous employer as I have still month left for PEO.

Another question as I have been in this country from 10 1/2 years and last 5 years were on Tier 1 (G). My understanding for SET(O) I need to provide absence evidence letter while on Tier 1 (G). Before Tier 1 (G) I don't need to worry to provide any evidence for absence only reason would be suffice in section 6.2. Am I correct?

please let me know

Regards

[aravindb4u]

In section 6.2 u dont have to mention/list any absences prior to Tier 1 G.
Only concerned about last 5 years.

[aravindb4u]

@hsr1972,

my total absences is only 90 days in 5 years. i will list absences in section 6.2 and put an excel like table in my cover letter. Will leave section 6.3 blank.this is what im planning to go with. Apart from this i will have some evidences i hand just in case they ask, but i hope they dont.

cheers

[tsadeel79]

In section 6.2 u dont have to mention/list any absences prior to Tier 1 G.
Only concerned about last 5 years.

@aravindb4u
i am not sure whether i miss understood sec 6.1 and 6.2

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.
Answser: in my case April 2004 (my first entry into uk as a student)

6.2 Since then have you had any absences from the UK? If yes, give the dates you left and returned to the UK and the reason for the absence in the spaces below. List all absences however short and in date order. If you need more space, continue on a separate sheet and enclose it with your application.
Answer: now here i need to mentioned all my absence since from my first entry April 2004.

Am I correct? What I have missed? But you said only provide absence from my Tier 1 (G) start like oct 2009....Confused confused confused

please advice

[tsadeel79]

Also I am not sure what should I tick in section 6.3 if if if i didn't get any evidence from my previous employers.
if i get evidence from previous employer then what should i tick as i would provide these evidence on CW request as @hsr_72 have suggested (leave it as blank???)

please clarify this 6.3 too

thanks

[aravindb4u]

tsadeel79,

mate, u have to enter your Tier 1 approval date for 6.1, for sure, no confusion about it. I had the same doubt weeks back but now very clear after going thru a lot of experiences this forum and privately asking people who applied about it. so for 6.1 u enter ur first Tier 1 approval date.

So based on the above, u enter leaves from oct 2009 in 6.2

As per hsr1972 and going thru lot of peo success cases, in this forum, im planning to leave 6.3 unticked. And only provide letters if CW asks me. If you manage to get employer letters, then cool, u can tick the option for employer letter.

cheers

[tsadeel79]

tsadeel79,

mate, u have to enter your Tier 1 approval date for 6.1, for sure, no confusion about it. I had the same doubt weeks back but now very clear after going thru a lot of experiences this forum and privately asking people who applied about it. so for 6.1 u enter ur first Tier 1 approval date.

So based on the above, u enter leaves from oct 2009 in 6.2

As per hsr1972 and going thru lot of peo success cases, in this forum, im planning to leave 6.3 unticked. And only provide letters if CW asks me. If you manage to get employer letters, then cool, u can tick the option for employer letter.

cheers

can also some other ppl comment on 6.1 & 6.2 please?

@aravindb4u

What evidence you are providing or just self explanatory letter of urself? if you care share with me in private would be gr8

thanks

[prvnrk]

My friend (on T1-G) got ILR without any problem who prepared an excel sheet with date of entering and leaving UK with page numbers of Passport stamps. He did not provide any absence letter from any of his employers. His absence was less than 180 days.

[aravindb4u]

Hi prvnrk,

Thats reassuring & relieving.
Which PEO your friend applied and how many days absence he had do you know by any chance?

Thanks

[prvnrk]

Hi aravindb4u,

It was Solihull Premium Service Centre and his total absence for 5 years was ~ 100 days.

[aravindb4u]

cheers mate

[hsr1972]

Guys,

Thanks for letting us know . So this leaves a bit of relif for us so no need to worry as long as you are within 180 days no need of providing any evidence letter or employer letter if you are opting for PEO Service .Yes it makes really sense now. It makes sense only when Case worker needs to give exemption if you are more than 180 days and in this case you need to provide solid evidence.


@arvindab4u , I don't think it depends on specific PEO office ....same rule applies for all PEO .

Arvindab4u please let us know your experience after you get your ILR.

Thanks,
hsr_72

[intelinside]

I successfully applied ILR in Nov last year and had 120 total holidays in last 5 years. I didn't provide any letters for absences

[aravindb4u]

Thanks intelinside Nice one

[tsadeel79]

Thanks all, it bit relief. But we should prepare as much as we can

But i started getting letters from my previous employer as a evidence i talk to 2 my previous employer and they are happy to provided phewwww. hopefully my another employer able to provide me too as i didnt able to contact them today.

i am asking letter format some thing like that

"Whom it may concern,

I can confirm Mr. xxxx was xxx permanent employee from 01

jan 2010 to 40 may 2012. I can confirm Mr. xxx took company annual paid holiday’s between 28

jan 2012 to 17 feb 2012 to visit his family in home country.

I you need more info regarding Mr.xxxx employment please don’t hesitate to contact me back.

Regards......."

i know its bit messy as I am writing in more formal way and provided the format to my previous employer. Please advice if anything i missed or add anything else

Thanks

[oyztr]

@arvindab4u & all other participants

Thanks for sharing your thoughts- PLEASE update us with the outcome of your applications- I wish you every luck-

Is there someone out there who had a recent successful ILR at croydon PEO with NO EVIDENCE for annual leave less than 180 days in entire 5 years on TIER 2 GENERAL - if so please PLEASE share your experience

as far as CW on a PEO appointment window collecting paperwork are concerned they ARE NOT as experienced as the people BEHIND CLOSED DOORS who actually handle the case so I would not just rely on whether they ask me for evidence on the day or not-

One thing is for sure once I am past this I would certainly write to HO to reconsider this lame requirement or be more specific about it !

[sooras]

In my Tier-1 general visa route to ILR, I had around three weeks absences from the UK in every qualifying year for the ILR. I had letter from my current employer confirming annual leaves taken for two of these last absences but my first employer was reluctant to issue that sort of letter and they ignored my email requests.

So i decided not to submit any proof for these absences with the assumption adding only my current employer's letter will trigger questions on proofs on my previous absences.

However I submitted a self attested letter confirming all these absences were related to my annual hols and also a statement at the end of the letter offering to submit further evidences to home office on request. (I was actually planning to show my emails to my previous employer requesting for the letter and pay slips to confirm I am paid normal during those hols + letter from current employer which i have already got if they were getting back to me with questions on it)

With this letter submitted along with settlement apllication and still leaving the questions related to what proofs I had submitted for the uk absences blank in the application form I am granted ILR by Solihull PEO.

But please note the immigration policy says
"Interim caseworker action – missing evidence
If an applicant is required to provide specified documents from their employer explaining their absences and fails to do this, and the absences do not exceed 30 working days plus statutory public holidays per annum (for example, such absences are likely to be consistent with paid annual leave), you can choose, having regard to all the circumstances of the case, to consider the application without this documentation."

And in my case none of the absences were exceeding 30 days. Hope this will help.