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Guidance on ILR Requirement - 180 Days Absence

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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amit_sharma90
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Guidance on ILR Requirement - 180 Days Absence

Post by amit_sharma90 » Mon Apr 08, 2019 3:33 pm

Hi Guys,

I am due to apply my ILR through the 5 year tier 2 General route in Jun 2019. In that regard, I have one question to demonstrate my 180 leave per year.

Scenario is - I worked for a company on Tier 2 visa from Jul 2014 till Dec 2015 and then I changed my Tier 2 general sponsor to a new company where I am working till date.
I can arrange the letter from my current employer stating my leave and business trips, I was wondering how do I show that for my previous employer.

I asked them to provide me the letter and they came back stating they can only provide the letter for start and end date and my job title, those leave details and business trips will not be included.

My question, is there a different accepted way to show my 180 stay in UK during the time I was employed with previous employer.

Can an excel file prepared by me by looking into the stamping on my passport is acceptable?

Please advise other than the employer letter what else document is acceptable to show 180 days stay outside of UK and my eligibility for ILR.

Appreciate your guidance on this.

Kind Regards
Amit

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CR001
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Re: Guidance on ILR Requirement - !80 Days Absence

Post by CR001 » Mon Apr 08, 2019 3:42 pm

You only need an absence letter from your previous employer. If they are not prepared to give you one, write a letter explaining this.

Note the absence letter is a different item to the evidence of travel in the form of your passport.
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amit_sharma90
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Re: Guidance on ILR Requirement - 180 Days Absence

Post by amit_sharma90 » Tue Apr 09, 2019 12:27 pm

Thanks. I just checked again with my previous employer and they again mentioned that they cannot provide me the absence details.

This is what they have replied - 'Unfortunately we do not provide ILR guidance, it is the firms policy to provide a standard employment reference we are unable the additional information requested.'

In that case, as per the advise from CR001, will the following document be sufficient to support my case:

1. Employment letter from previous employer stating my start and end dates
2. Email correspondence where previous employer said that the details of absence cannot be provided
3. A cover letter to home office stating my previous employer cannot provide me an absence letter
4. An Excel sheet made by me capturing the duration I am out from UK to show the total count per year is not more than 180 days
5. Passport stamp copies to tally with absence excel sheet (point 4).

Anything else I need to support my application, please advise.

Kind Regards,
Amit

amit_sharma90
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Tier 2 to ILR Route - Maximum allowed Absence per year

Post by amit_sharma90 » Tue Apr 09, 2019 1:00 pm

Hi,

I will be applying for my ILR through Tier 2 general 5 years route and would like your advise on total number of days each year I am allowed to be outside of country.

In first year from July 2014 until Jul 2015, I was out of country for 169 days 81 days on business trips and the remaining 88 on personal but was still working from my home country.

My previous employer is not able to provide me absence letter for the 169 days (that's their policy) where I worked outside of UK for them on UK payroll. I am planning to attach cover letter, tickets, passport stamps etc.

from my understanding the total number of days a person can be out of UK is 180 days per year, is this understanding correct? am I still eligible to apply for my ILR ?

Please advise.

Thanks,
Amit

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Re: Guidance on ILR Requirement - !80 Days Absence

Post by CR001 » Tue Apr 09, 2019 1:03 pm

1. Please do NOT post ILR questions in the newly-arrived-in-uk-general-how-to-queries-no-immigration-queries (click) sub forum, which clearly states NO Visa or ILR queries.

2. Please keep ALL your ILR questions in ONE topic/thread. Topics Merged (click)
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amit_sharma90
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Re: Guidance on ILR Requirement - 180 Days Absence

Post by amit_sharma90 » Tue Apr 09, 2019 1:22 pm

Apology - Point noted.

can you please advise on two of my questions on ILR?
First one is on Absence letter and supporting documents (please check the thread) and second one is on total duration an applicant can be out from country in a year.

Thanks
Amit

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Re: Guidance on ILR Requirement - 180 Days Absence

Post by zimba » Tue Apr 09, 2019 2:11 pm

Absence letter is not required if your absences were less than 30 days per residence year. Max days allowed in each residence year is 180 days. Long absences under Tier 2 visa are generally unacceptable
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Guidance on ILR Requirement - 180 Days Absence

Post by amit_sharma90 » Tue Apr 09, 2019 2:27 pm

My previous employer is not able to provide me letter for details of my absence from country. they can only confirm my employment.

Is that case, will the following document be sufficient where by absence is more than 30 days per year:

1. Employment letter from previous employer stating my start and end dates
2. Email correspondence where previous employer said that the details of absence cannot be provided
3. A cover letter to home office stating my previous employer cannot provide me an absence letter
4. An Excel sheet made by me capturing the duration I am out from UK to show the total count per year is not more than 180 days
5. Passport stamp copies to tally with absence excel sheet (point 4).

Thanks

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