ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR - Tier 2 Main and Dependent

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

ILR - Tier 2 Main and Dependent

Post by sp27 » Wed Jun 20, 2018 6:11 pm

Hello,
I'm due for my ILR soon but to prove my absence of 20 days away from UK on annual leave, I'm unable to get the absence letter from my previous employer (as I had quit them not cordially due their humiliation), Any suggestion on how to deal with the situation please.

sparkyram
Member
Posts: 145
Joined: Sun Nov 15, 2015 7:17 pm
Mood:
India

Re: Letter of Absence from employer

Post by sparkyram » Wed Jun 20, 2018 9:38 pm

sp27 wrote:
Wed Jun 20, 2018 6:11 pm
Hello,
I'm due for my ILR soon but to prove my absence of 20 days away from UK on annual leave, I'm unable to get the absence letter from my previous employer (as I had quit them not cordially due their humiliation), Any suggestion on how to deal with the situation please.
I am assuming you are in Tier 2 Gen and applying for ILR.

Is it the only "20 days" for that whole year ?, if that's the case it should not be a problem. as per the guidelines letter is mandatory if the absence is more than 30 days plus statutory holidays per annum. In your case since its only 20 days . hence you can request case worker to proceed without absence letter.

sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

Re: Letter of Absence from employer

Post by sp27 » Thu Jun 21, 2018 8:03 am

Thanks for your help. But do I need to provide proofs? And reason why I can't produce the letter from the employer.
Sorry yes I'm on Tier 2 General.

sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

Re: Letter of Absence from employer

Post by sp27 » Thu Jun 21, 2018 8:04 am

sp27 wrote:
Wed Jun 20, 2018 6:11 pm
Hello,
I'm due for my ILR via Tier 2 general soon but to prove my absence of 20 days away from UK on annual leave, I'm unable to get the absence letter from my previous employer (as I had quit them not cordially due their humiliation), Any suggestion on how to deal with the situation please.

sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

ILR for dependent

Post by sp27 » Fri Jun 22, 2018 3:25 pm

Hello,
I will be due for my ILR soon via Tier 2 general route.
Wanted to check about status for my Wife's ILR application, as I'm confused based on the new rules in place with respect to absence from UK applicable from 11 Jan 2018 for PBS dependants as she was away from UK for our child birth for 200 days in a continuous 12 month period.
More details below:
We entered UK via Tier 2 general route on 07-Apr-2014. So if I apply for her ILR application on 11 Apr 2019, the breakdown will be as under:

Year 1 11-Apr-18 to 11-Apr-19
Year 2 11-Apr-18 to 12-Apr-17
Year 3 11-Apr-17 to 12-Apr-16
Year 4 11-Apr-16 to 12-Apr-15 ------> 159 (Absence from UK)
Year 5 11-Apr-15 to 12-Apr-14 -------> 49 (Absence from UK)

Her absence from UK was from 21-Feb-15 to 09-Sep-15 (200 days), which falls in continuous 12 months period but not in the consecutive 12 month period (as mentioned in the table above).

Any advice please on the matter.Will this be a reason to reject her application? Is that a grave concern?

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR for dependent

Post by CR001 » Fri Jun 22, 2018 3:27 pm

sp27 wrote:
Fri Jun 22, 2018 3:25 pm
Hello,
I will be due for my ILR soon via Tier 2 general route.
Wanted to check about status for my Wife's ILR application, as I'm confused based on the new rules in place with respect to absence from UK applicable from 11 Jan 2018 for PBS dependants as she was away from UK for our child birth for 200 days in a continuous 12 month period.
More details below:
We entered UK via Tier 2 general route on 07-Apr-2014. So if I apply for her ILR application on 11 Apr 2019, the breakdown will be as under:

Year 1 11-Apr-18 to 11-Apr-19
Year 2 11-Apr-18 to 12-Apr-17
Year 3 11-Apr-17 to 12-Apr-16
Year 4 11-Apr-16 to 12-Apr-15 ------> 159 (Absence from UK)
Year 5 11-Apr-15 to 12-Apr-14 -------> 49 (Absence from UK)

Her absence from UK was from 21-Feb-15 to 09-Sep-15 (200 days), which falls in continuous 12 months period but not in the consecutive 12 month period (as mentioned in the table above).

Any advice please on the matter.Will this be a reason to reject her application? Is that a grave concern?
There is NO absence limit for PBS Dependents whose visas were issued before 11th January 2018.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

Re: ILR - Tier 2 Main and Dependent

Post by sp27 » Mon Jun 25, 2018 1:04 pm

Thanks for your reply.
I just happen to go through this piece of info on UKBAwebsite as Tier2 Policy Gudance:

For settlement applications made from 11 January 2018, we consider absences from the
UK on a rolling basis, rather than in separate consecutive 12-month periods. If your
qualifying period includes time before this date and you believe that this change would
cause you exceptionally harsh consequences, you must set out the reasons in a letter.

Will this not affect my Wife's ILR application?

sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

Re: ILR for dependent

Post by sp27 » Mon Jun 25, 2018 1:05 pm

CR001 wrote:
Fri Jun 22, 2018 3:27 pm
sp27 wrote:
Fri Jun 22, 2018 3:25 pm
Hello,
I will be due for my ILR soon via Tier 2 general route.
Wanted to check about status for my Wife's ILR application, as I'm confused based on the new rules in place with respect to absence from UK applicable from 11 Jan 2018 for PBS dependants as she was away from UK for our child birth for 200 days in a continuous 12 month period.
More details below:
We entered UK via Tier 2 general route on 07-Apr-2014. So if I apply for her ILR application on 11 Apr 2019, the breakdown will be as under:

Year 1 11-Apr-18 to 11-Apr-19
Year 2 11-Apr-18 to 12-Apr-17
Year 3 11-Apr-17 to 12-Apr-16
Year 4 11-Apr-16 to 12-Apr-15 ------> 159 (Absence from UK)
Year 5 11-Apr-15 to 12-Apr-14 -------> 49 (Absence from UK)

Her absence from UK was from 21-Feb-15 to 09-Sep-15 (200 days), which falls in continuous 12 months period but not in the consecutive 12 month period (as mentioned in the table above).

Any advice please on the matter.Will this be a reason to reject her application? Is that a grave concern?
There is NO absence limit for PBS Dependents whose visas were issued before 11th January 2018.
Thanks for your reply.
I just happen to go through this piece of info on UKBAwebsite as Tier2 Policy Gudance:

For settlement applications made from 11 January 2018, we consider absences from the
UK on a rolling basis, rather than in separate consecutive 12-month periods. If your
qualifying period includes time before this date and you believe that this change would
cause you exceptionally harsh consequences, you must set out the reasons in a letter.

will this not affect the application?

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR - Tier 2 Main and Dependent

Post by CR001 » Mon Jun 25, 2018 1:10 pm

Helpful if you look at the Tier 2 DEPENDENT guidance and not the Tier 2 MAIN guidance as what you have quoted is for main Tier 2 visa holders.

Absences prior to 11th January for visas issued before 11th January for PBS Dependent, is not relevant.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

Re: ILR - Tier 2 Main and Dependent

Post by sp27 » Mon Jun 25, 2018 1:28 pm

CR001 wrote:
Mon Jun 25, 2018 1:10 pm
Helpful if you look at the Tier 2 DEPENDENT guidance and not the Tier 2 MAIN guidance as what you have quoted is for main Tier 2 visa holders.

Absences prior to 11th January for visas issued before 11th January for PBS Dependent, is not relevant.
Thanks,CR001.
I think it was my bad, and you are right like always:

PBS dependants
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018.

sp27
Newly Registered
Posts: 9
Joined: Wed Jun 20, 2018 4:23 pm
Mood:
United Kingdom

Re: ILR - Tier 2 Main and Dependent

Post by sp27 » Mon Jun 25, 2018 1:32 pm

Hello,
I'm due for my ILR soon but to prove my absence of 20 days away from UK on annual leave, I'm unable to get the absence letter from my previous employer (as I had quit them not cordially due their humiliation), Any suggestion on how to deal with the situation please.

I wanted to seek your guidance on this query of mine please.
what supporting documents should i supply, don't know how to convince the Case worker?

Guideline says:

If any of your absences are in connection with employment you will need to provide a letter
from the relevant employer detailing the purpose and period of absences, including
periods of annual leave.

You will need to provide this information for the full 5 year continuous period. Therefore, if
you are moving employers and are considering applying for settlement in the future, you
may wish to request a letter detailing your absences before you move to your new post. If
you are unable to obtain a letter as specified in the Immigration Rules, because your
previous employer has ceased to exist for example, you should confirm this in writing
when you make your application. The caseworker who considers your application will
assess this on a case by case basis.

Locked