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Absence from UK -Please Help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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minnadbs
Newly Registered
Posts: 6
Joined: Tue Aug 30, 2011 10:07 am

Absence from UK -Please Help

Post by minnadbs » Thu May 21, 2015 12:00 pm

Dear All,

I am a Tier 2 General employee and due to apply for ILR in few months time. During last 4 years I have not been away from UK for more than 20 days. However, I will appreciate clarifications about the following points:

1. Is being on paid annual leave counted towards 'absence from UK' quota even if the employee stayed within the country during annual leave and did not travel overseas?

2. I am entitled to 27 days of paid annual leave per year. Is the employer required to mention all dates on letter so that home office staff can accurately divide these days per year towards 180 count? If not, will stating that " employee was entitled to 27 days paid annual leave and took the same" will suffice?

3. Am I supposed to submit a self certified document if during the annual leave I was out of country for 10 days ? Should I attach travel reservations and copies of passport stamped pages to prove days away /return from UK?

4. Is the employer letter also supposed to mention the days / dates when I was off-sick ? Am I required to support these days with doctors certificates when submitting ILR application ? For any sickness less than 5 days I am not supposed to submit doctors certificate. What should I do to prove the self certification criteria if I was off sick only for 2 days and did not see a doctor?

5. During year 2 I was TUPE'd from company A to B. Company A is still in operation. Under this scenario should I be getting a letter regarding annual leave for years 1 and 2 from company A or Company B?

There is a good chance that my previous employers for whom I worked during years 1,2 and 3 don't have all the dates of my annual leave. What should I do in this scenario to prove that I was not absent from work for more than 27 days and did not exceed limit of 180 days ? Also, how should I be dividing these 27 days between 2 years in absence of any records:

1st July 2011-30June 2012

1st July 2012-30June 2013

I appreciate that this is lot of information to digest and will require lot of patience to answer but I am hoping moderators and members on this forum will find time to help this utterly confused person :)

Thanks in advance.

genorp
Member
Posts: 125
Joined: Thu Oct 28, 2010 11:32 pm
Location: London

Re: Absence from UK -Please Help

Post by genorp » Fri May 22, 2015 10:07 pm

You're overthinking it.
Being on vacation in the country is not an absence. You don't need to track your time off within your normal vacation allotment if you don't leave the country. Keeping rack of the dates you are out of the country is your responsibility. Your employer simply needs to corroborate your time out of the country was on annual leave from work or on work assignment. Your annual P60's and pay slips since your last P60 are what confirm your continuous paid employment. Employer letters are to confirm your time out of the country was either for work or on annual leave and that your continued employment is required.

leeloy88
Junior Member
Posts: 54
Joined: Wed May 02, 2012 3:12 pm

Re: Absence from UK -Please Help

Post by leeloy88 » Fri May 22, 2015 11:44 pm

My answer is no to all of your yes/no question. Have a look in my case here:

http://www.immigrationboards.com/indefi ... 86744.html

I got my ILR approved and there wasn't any letter from my employer regarding my absences or holiday entitlement except 1 sentence in the employment verification sayings "all travels are in line with the employment contract".
And I had multiple weekends trips, short to long holidays of 3 weeks outside the UK (no, holiday where you stay in the UK does NOT count towards your ABSENCES) and 2 long business trips of almost 3 months each.

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