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Absences on Employer's Letter ILR Set O
Posted: Thu Jan 13, 2022 4:48 pm
by Orford57
Hi all
I am a Skilled Worker who will soon be applying for ILR Set O.
I'm after clarification about the employer's letter and how absences should be acknowledged.
Does a list of all absences with dates need to be included on the employer's letter? e.g. 5.5.2020-10.5.2020 - paid leave
OR is it acceptable for the employer to write "We have seen the dates of absence and can confirm that they comply with [the employee's] annual and agreed leave" or even "We can confirm that the absences were authorised" and not include a list of dates on the letter?
Thanks for your time.
Re: Absences on Employer's Letter ILR Set O
Posted: Thu Jan 13, 2022 6:04 pm
by zimba
Re: Absences on Employer's Letter ILR Set O
Posted: Fri Jan 14, 2022 1:11 pm
by Orford57
Hi Zimba
Thank you for your reply.
I've read the other post and just want to clarify -
1. Dates of absence from the UK do NOT need to be included on the employer's letter?
2. A blanket statement of "All absences were authorised and agreed to" will be acceptable?
Thanks again
Re: Absences on Employer's Letter ILR Set O
Posted: Fri Jan 14, 2022 1:52 pm
by zimba
Correct
Re: Absences on Employer's Letter ILR Set O
Posted: Sat Jan 15, 2022 9:27 am
by Orford57
No reasons like "annual leave" or "weekends" need to be given by the employer?
Re: Absences on Employer's Letter ILR Set O
Posted: Sat Jan 15, 2022 7:40 pm
by Orford57
I ask because I am a teacher. In one year, I had 43 days (I've taken out the weekends) out of the country. This was because of school holidays.
Does the case worker therefore require specified dates and reasons for absence in the employer's letter for that year? I thought that's what the guidance document said.
Re: Absences on Employer's Letter ILR Set O
Posted: Sun Jan 16, 2022 2:15 am
by AmazonianX
Orford57 wrote: ↑Sat Jan 15, 2022 7:40 pm
I ask because I am a teacher. In one year, I had 43 days (I've taken out the weekends) out of the country. This was because of school holidays.
Does the case worker therefore require specified dates and reasons for absence in the employer's letter for that year? I thought that's what the guidance document said.
That blanket statement suffices.
Re: Absences on Employer's Letter ILR Set O
Posted: Sun Jan 16, 2022 7:38 am
by Orford57
Sorry to keep questioning this but in the "Indefinite Leave to Remain: Calculating Continuous Periods of Residence" from Dec 2020, it says under the heading
Absences linked to reason for being in the UK: evidential
requirements:
"Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the
UK, on weekends or other non-working days have taken place, evidence from the
employer should be provided to confirm the applicant’s normal working pattern and
show the absences occurred during a non-working period.
You still need evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays."
Am I reading an old document? Is this Appendix not in use anymore and instead just the Continuous Residence doc from Nov 2021?
Thanks again for your time.
Re: Absences on Employer's Letter ILR Set O
Posted: Sun Jan 16, 2022 9:23 am
by vinny
Apparently, the evidence of absences from Employers have been excluded as a requirement in Appendix
Continuous Residence? They also do not appear in the
Skilled Worker rules?
Subject to the
Alvi Judgment?
Re: Absences on Employer's Letter ILR Set O
Posted: Sun Jan 16, 2022 10:43 am
by Orford57
Ah, okay. So the Appendix Continuous Residence document from Nov 2021 is the guidance for case workers from now on and there is no requirement for anything apart from a blanket statement from the employer that all absences (from work) were authorised. (Sorry! The question marks in your reply have confused me.)
Re: Absences on Employer's Letter ILR Set O
Posted: Sun Jan 16, 2022 12:33 pm
by Orford57
Just further to my reply above
1. The blanket statement is still required because the application form continues to ask for some confirmation from work that all absences were approved even though the Appendix and Skilled Worker rules do not include it as a requirement.
2. Can I also ask: how do you explain to your work the reason for including the absence statement in the letter? Is it to confirm that all absences *from work* were authorised?
Re: Absences on Employer's Letter ILR Set O
Posted: Sun Jan 16, 2022 1:29 pm
by AmazonianX
Orford57 wrote: ↑Sun Jan 16, 2022 12:33 pm
Just further to my reply above
1. The blanket statement is still required because the application form continues to ask for some confirmation from work that all absences were approved even though the Appendix and Skilled Worker rules do not include it as a requirement.
2. Can I also ask: how do you explain to your work the reason for including the absence statement in the letter? Is it to confirm that all absences *from work* were authorised?
Yes
Re: Absences on Employer's Letter ILR Set O
Posted: Sun Jan 16, 2022 6:57 pm
by Orford57
Hi everyone. Thank you for your help and fast responses. Very much appreciate all your work. I think/hope that's it for now!
Starting Set O application
Posted: Sun Feb 20, 2022 9:25 pm
by Orford57
Hi all
Can I start filling out the online Set O application form whenever I like?
My first possible application submission date is in mid-March.
Thanks
Re: Starting Set O application
Posted: Mon Feb 21, 2022 1:54 pm
by AmazonianX
Orford57 wrote: ↑Sun Feb 20, 2022 9:25 pm
Hi all
Can I start filling out the online Set O application form whenever I like?
My first possible application submission date is in mid-March.
Yes you can start.
Thanks
Re: Starting Set O application
Posted: Mon Feb 21, 2022 4:16 pm
by Orford57
Thank you
Egates and ILR Set O
Posted: Wed Mar 02, 2022 5:55 pm
by Orford57
Hi again
Do I need to provide evidence like boarding passes to prove reentry to the UK if my passport isn't stamped. I started using the egates to get back in from 2019.
Or do I just write in the "Reasons" box on the app form that I entered using egates?
Thanks
Re: Egates and ILR Set O
Posted: Wed Mar 02, 2022 6:08 pm
by ywlgy
No need. UKVI has their own records.
Also no need to mention that in the reason.
Re: Egates and ILR Set O
Posted: Wed Mar 02, 2022 6:24 pm
by Orford57
Okay, thanks.
What about for returning from Ireland? I have three boarding passes to show three return dates because you don't use egates or border control when returning from there.
Re: Egates and ILR Set O
Posted: Wed Mar 02, 2022 8:47 pm
by ywlgy
Orford57 wrote: ↑Wed Mar 02, 2022 6:24 pm
Okay, thanks.
What about for returning from Ireland? I have three boarding passes to show three return dates because you don't use egates or border control when returning from there.
Despite no immigration control, Ireland and UK have been sharing API (advanced passenger information) since 2016. So they most likely have the record. If they are in doubt, they will ask for more info from you.
Re: Egates and ILR Set O
Posted: Thu Mar 03, 2022 6:38 pm
by Orford57
Ah, okay. Thank you!
Set O - late to tell UKVI about change of address
Posted: Thu Mar 03, 2022 6:43 pm
by Orford57
Hi once more.
I was eight months late telling UKVI that I had moved addresses in 2021 because I completely forgot that was required.
I updated everything else like national insurance and electoral register.
Could this have an impact on any ILR application? One of the first questions is how long have you been at your address?
Re: Set O - late to tell UKVI about change of address
Posted: Thu Mar 03, 2022 9:10 pm
by ywlgy
No issue. Just answer the question truthfully.
Re: Set O - late to tell UKVI about change of address
Posted: Fri Mar 04, 2022 4:25 pm
by Orford57
Thank you!
Set O Employer question for teacher
Posted: Fri Mar 04, 2022 4:28 pm
by Orford57
Hi again
I am sponsored by a local borough council but I work as a teacher at a school. I was hired by the school. They requested the borough sponsor me in order for me to be able to work there.
Who would write the employer letter? The school or the borough?
Many thanks.