Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
-
sk8rprick
- Newly Registered
- Posts: 29
- Joined: Wed Nov 12, 2014 6:35 pm
Post
by sk8rprick » Sat Feb 13, 2016 12:31 pm
Folks
I am coming up for my ilr in a few weeks. I have spent 5 years on tier2. My problem is that my previous employer, for whom i worked for 2 years on ilr, cannot give an abensnces letter as required by home office. I have email correspondence confirming this. Is there anything I can do? will my ilr be refused on this basis?
Please help my with your knowledge and experience as I am quite stressed about this issue.
Thanks in advance.
-
vinny
- Moderator
- Posts: 33283
- Joined: Tue Sep 25, 2007 8:58 pm
Post
by vinny » Sat Feb 13, 2016 3:23 pm
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
-
sk8rprick
- Newly Registered
- Posts: 29
- Joined: Wed Nov 12, 2014 6:35 pm
Post
by sk8rprick » Sat Feb 13, 2016 6:07 pm
Thanks for your response vinny.
The thread you have referred to seems slightly different in that the OP had provided no justification of his foreign trips at all. I will provide clear reasoning for my trips and also attach correspondence from previous employer showing that the do not hold the required information.
Any idea if this will make a difference? It seems i am being held accountable for my previous employers error as they should have kept a record of this info.
Please help me out folks i'm extremely stressed.
Thanks
-
ravisb_2014
- Member of Standing
- Posts: 369
- Joined: Wed Apr 30, 2014 12:27 pm
Post
by ravisb_2014 » Sat Feb 13, 2016 9:23 pm
Hi Vinny and experts,
Sorry to ask question on other's thread.
If you were not absent while working for previous employers, do you still need a letter from your previous employer stating that not absent outside of UK. Kindly let me know.
-
sk8rprick
- Newly Registered
- Posts: 29
- Joined: Wed Nov 12, 2014 6:35 pm
Post
by sk8rprick » Sun Feb 14, 2016 9:17 am
Folks
Can you please help me with your suggestions? Thanks
-
VirtualWaver
- Member of Standing
- Posts: 311
- Joined: Mon Nov 07, 2011 10:44 pm
![United States of America United States of America](./ext/rmcgirr83/nationalflags/flags/us.png)
Post
by VirtualWaver » Sun Feb 14, 2016 9:41 am
How many days have you beem absent each year? The law says that if absence is less than 30 days each year then the visa officer might not require any evidence of absence if they wish so. You have to provide the evidence if absence was more than 30 days each year though.
Can you email all days to your ex employer and just ask them to confirm this by email and also confirm all absence was recorded and authorized? In this case you can show the email to home office and also show your plane tickets. I cant guarantee but this might do the trick.
I would suggest to instruct an immigration barrister to take over your application for you as ILR is priceless.
Last edited by
VirtualWaver on Sun Feb 14, 2016 9:46 am, edited 2 times in total.
-
VirtualWaver
- Member of Standing
- Posts: 311
- Joined: Mon Nov 07, 2011 10:44 pm
![United States of America United States of America](./ext/rmcgirr83/nationalflags/flags/us.png)
Post
by VirtualWaver » Sun Feb 14, 2016 9:42 am
ravisb_2014 wrote:Hi Vinny and experts,
Sorry to ask question on other's thread.
If you were not absent while working for previous employers, do you still need a letter from your previous employer stating that not absent outside of UK. Kindly let me know.
No as home office can see you have no stamps in your passport for that period of time thus you didnt travel at all.
-
sk8rprick
- Newly Registered
- Posts: 29
- Joined: Wed Nov 12, 2014 6:35 pm
Post
by sk8rprick » Sun Feb 14, 2016 2:45 pm
VirtualWaver wrote:How many days have you beem absent each year? The law says that if absence is less than 30 days each year then the visa officer might not require any evidence of absence if they wish so. You have to provide the evidence if absence was more than 30 days each year though.
Can you email all days to your ex employer and just ask them to confirm this by email and also confirm all absence was recorded and authorized? In this case you can show the email to home office and also show your plane tickets. I cant guarantee but this might do the trick.
I would suggest to instruct an immigration barrister to take over your application for you as ILR is priceless.
Thanks for your response virtual waver. My absences for those years are over 30 days. Trouble is, because i stopped working for that employer 3 years ago, they have no record of my absences and hence not in a position to confirm anything.
Any suggestions?
-
VirtualWaver
- Member of Standing
- Posts: 311
- Joined: Mon Nov 07, 2011 10:44 pm
![United States of America United States of America](./ext/rmcgirr83/nationalflags/flags/us.png)
Post
by VirtualWaver » Sun Feb 14, 2016 6:48 pm
I think it will be better for you to book an appointment with immigration solicitor and get advise from them as this is something that can ruin your application.
-
una86
- Newbie
- Posts: 39
- Joined: Wed Jul 24, 2013 10:04 pm
Post
by una86 » Sat Jun 17, 2017 1:51 am
Hi sk8rprick,
I'm in a very similar situation. Can you please share your experience? Any advise would be priceless.
Thanks in advance.
-
Djsuccess
- Diamond Member
- Posts: 1159
- Joined: Wed Jun 22, 2016 6:37 pm
![Nigeria Nigeria](./ext/rmcgirr83/nationalflags/flags/ng.png)
Post
by Djsuccess » Mon Jun 19, 2017 3:50 pm
sk8rprick wrote:Folks
I am coming up for my ilr in a few weeks. I have spent 5 years on tier2. My problem is that my previous employer, for whom i worked for 2 years on ilr, cannot give an abensnces letter as required by home office. I have email correspondence confirming this. Is there anything I can do? will my ilr be refused on this basis?
Please help my with your knowledge and experience as I am quite stressed about this issue.
Thanks in advance.
Your passport will clearly show the number of days you were out for while you were working for your previous employer. I will suggest you right those dates and the purpose of your travel. If any of those travels where official then they should be able to confirm them. perhaps you might want to visit your former employer provided you didn't burn any bridge before you left.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.