General Query on Tier 2 General ILR absence limit rule

Hello Guys,

I have a general query on absence limit rule:

I understand that there is an rule which says if my absence from UK is less than 30 working days plus statutory holidays PER ANNUM , then employer letter is not necessary and case worker can use his discretion to proceed the case without letter.

The above guidance is mentioned in below link under "Interim caseworker action – missing evidence"

https://assets.publishing.service.gov.u ... 6.0EXT.PDF

My Queries are below:

1. What does PER annum refer here ? is it a calendar month jan-dec or each 12 month periods of 5 year qualifying period ?

2. If 30 working days is per calendar year (Jan-dec), then how the annual leaves that split across two calendar years will be considered ?

For example: I have below continuous annual leave which has been falling under two calendar years:

30/11/2015- 18/01/2016 ( Splits into two years 30/11/2015 to 31/12/2015 and 1/1/2016 to 18/1/2016):22 working days in 2015 and approx 15 working days in 2016

And above is the only holidays i took in 2015 and 2016 calendar year

In the above case, technically i took less than 30 days in 2015 and 2016 . hence is it necessary to produce letter ?

It is highly recommended to get the employer letter regardless of the interpretations of the guide material. Better safe than sorry

zimba88 wrote: ↑

Sat May 26, 2018 12:12 am

It is highly recommended to get the employer letter regardless of the interpretations of the guide material. Better safe than sorry

Thanks Zimba..

Agreed that for safer side its better to get employer letter. But there are few employer (Like my current employer) who don't entertain ILR, and its very difficult to get absence letter.

sparkyram wrote: ↑

Sat May 26, 2018 8:56 am

zimba88 wrote: ↑

Sat May 26, 2018 12:12 am

It is highly recommended to get the employer letter regardless of the interpretations of the guide material. Better safe than sorry

Thanks Zimba..

Agreed that for safer side its better to get employer letter. But there are few employer (Like my current employer) who don't entertain ILR, and its very difficult to get absence letter.

I understand what you mean, you can always request your employer, and if you dont get you can select other in Set O form and mention your passport-travelling document with immigration stamps. Does the needful to prove you were not outside UK for more than 180 days during any year.

Your employer might not file and pay for ILR but they can provide a letter stating your absences throughout the qualifying period were in.lieu of annual leave.

It's pretty standard and I don't think printing an A4 sheet could be an issue. No reason they should refuse.

You also need a letter certifying you are required in the current role and job in future.

dontringthebell wrote: ↑

Sun May 27, 2018 1:52 am

Your employer might not file and pay for ILR but they can provide a letter stating your absences throughout the qualifying period were in.lieu of annual leave.

It's pretty standard and I don't think printing an A4 sheet could be an issue. No reason they should refuse.

You also need a letter certifying you are required in the current role and job in future.

you don't know about my current company they might even send me back to my country if they come to know that these letters are for ILR.. these companies don't encourage ILR because employe will have freedom and resign after that

sparkyram wrote: ↑

Sun May 27, 2018 8:23 am

dontringthebell wrote: ↑

Sun May 27, 2018 1:52 am

Your employer might not file and pay for ILR but they can provide a letter stating your absences throughout the qualifying period were in.lieu of annual leave.

It's pretty standard and I don't think printing an A4 sheet could be an issue. No reason they should refuse.

You also need a letter certifying you are required in the current role and job in future.

you don't know about my current company they might even send me back to my country if they come to know that these letters are for ILR.. these companies don't encourage ILR because employe will have freedom and resign after that

I hope you can get around that because you do require letters from your present employer for application

You need employer to give you not only absences letter but also a letter that says they want you for the foreseeable future

zimba88 wrote: ↑

Mon May 28, 2018 4:25 pm

You need employer to give you not only absences letter but also a letter that says they want you for the foreseeable future

Ya Zimba and dontringthebell,...

At Least my employer provided foreseeable future letter after long struggle for few colleagues in past. I think i will get this.

But Absence letter going to be difficult... lets see..Since I have less than 30 days (both per annum and 12 month period) i should be safe

If absences are not long yes

sparkyram wrote: ↑

Sun May 27, 2018 8:23 am

dontringthebell wrote: ↑

Sun May 27, 2018 1:52 am

Your employer might not file and pay for ILR but they can provide a letter stating your absences throughout the qualifying period were in.lieu of annual leave.

It's pretty standard and I don't think printing an A4 sheet could be an issue. No reason they should refuse.

You also need a letter certifying you are required in the current role and job in future.

you don't know about my current company they might even send me back to my country if they come to know that these letters are for ILR.. these companies don't encourage ILR because employe will have freedom and resign after that

Then you must find another job and resign from this one anyways. Tier 2 Visa or ILR is company's requirement as they need your skill set and service for THEIR business. For anyone on Tier 2 visa..you are here because they need you, as you are saying they can send you back to India if they get to know you are applying for ILR then I am sorry to you you are with wrong employer. You are a product, don't underestimate yourself. Stop this stereotype thinking as if we need visa..PS: This may not be true for other visa categories.

The counting is done on a rolling 12 months basis. So in any 12 months if you accumulate more than 30working days then you need to provide evidence to show it was paid annual leave. In your case , even though you splitted it, if we pick any 12 month rolling , then the leave falls more than 30working days and you have to consider you will need to fill in your application when you left the UK and wen you returned during those leave which makes it a single episode and not a split.