ILR: Delay on start date and travel during out of job.

Hello all,

I came in April 2015 and changed the sponsor in Jan 2019. My last working date with my first sponsor was 31st Jan 2019. I got my new COS with start date mentioned as 1st Feb 2019. In the new BRP, the date of issue was 12th Feb 2019. By HMRC mistake I got another BRP with the date of issue as 4th March 2019. And during this time I went out of the UK between 20th Feb to 3rd March 2019. My start date with the new sponsor was 1st April 2019.

To simplify the above, below are the bullet points:

• Came in UK April 2015

• Last working with old sponsor 31st Jan 2019

• Got new COS with start date: 1st Feb 2019

• Got BRP with issue date: 12th Feb 2019

• Travel abroad between 20th Feb to 3rd March 2019

• By HMRC mistake got another BRP with issue date: 4th March 2019

• Start date with the new sponsor was 1st April 2019.

• Out of work for 2 months (Feb and March 2019) but had the new sponsor BRP.

My questions are:

• Is this delay in start date with the new employer could impact my ILR application as it is different from COS and BRP issue date?

• Does my employer need to update the SMS portal about this delay in joining date? If he doesn't update that, then will it impact my ILR application?

• What should I add in my ILR application to cover the absence between 20th Feb to 3rd March 2019 when I was not in my current sponsor payroll? Please note, during that time, I was on his COS and had my new BRP.
  Can I ask my current sponsor to provide the absence letter for that duration?

Thank you in advance.

COS issue date and work start date do not have any influence on your ILR qualifying period.

Zimba wrote: ↑

Thu Feb 20, 2020 3:18 am

COS issue date and work start date do not have any influence on your ILR qualifying period.

Thanks Zimba for your reply. What about the absence letter during that time. Can I ask it from my current sponsor? Here was my question:

What should I add in my ILR application to cover the absence between 20th Feb to 3rd March 2019 when I was not in my current sponsor payroll? Please note, during that time, I was on his COS and had my new BRP.
Can I ask my current sponsor to provide the absence letter for that duration?

Also, does my employer need to update the SMS portal about this delay in joining date? If he doesn't update that, then will it impact my ILR application?

There is no impact, your employer does not need to do anything. The absence letter does not need to mention it if it is before start date.

Zimba wrote: ↑

Fri Feb 21, 2020 1:32 am

There is no impact, your employer does not need to do anything. The absence letter does not need to mention it if it is before the start date.

Thanks for your reply Zimba, but in the Set(O) form under the Immigration history I have to mention that off-payroll absence and in the next section which is "Evidence of your absence from the UK and Crown Dependencies", I have to choose one of the options out of:

• Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies

• Letter from the applicant detailing any exceptionally harsh consequences to them caused by the change in the way absences from the UK are counted

• Official documents: (e.g. medical, birth or death certificates)

• Letter from travel companies to evidence disruption to travel

• Other

What option should I select above for off-payroll absence?
Should I ask my current employer for an absence letter as I was on his Visa during the outside UK travell, however, not in his Payroll so little confused here?

An employer letter is a must however the absence before start day is not relevant. Off payroll often means 'unpaid leave' during employment

So, in this case, you are suggesting in the Set(O) form, I should not mention this off-payroll outside UK travel under the Immigration history section?
I think I have to upload the full passport copy as well with my application and they could identify this missing entry if they cross-checked. What are my options here?

mukeshrawat02 wrote: ↑

Sun Feb 23, 2020 8:16 pm

So, in this case, you are suggesting in the Set(O) form, I should not mention this off-payroll outside UK travel under the Immigration history section?
I think I have to upload the full passport copy as well with my application and they could identify this missing entry if they cross-checked. What are my options here?

You are missing the point. You should enter ALL your absences on the form. Your employer letter does not need to mention your absence before start date (and I assume they will not do that anyway). That is all

Zimba wrote: ↑

Sun Feb 23, 2020 8:25 pm

mukeshrawat02 wrote: ↑

Sun Feb 23, 2020 8:16 pm

So, in this case, you are suggesting in the Set(O) form, I should not mention this off-payroll outside UK travel under the Immigration history section?
I think I have to upload the full passport copy as well with my application and they could identify this missing entry if they cross-checked. What are my options here?

You are missing the point. You should enter ALL your absences on the form. Your employer letter does not need to mention your absence before start date (and I assume they will not do that anyway). That is all

Got your point, but in the next section which is Evidence of your absence from the UK and Crown Dependencies, what option I should choose out of below:

• Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies

• Letter from the applicant detailing any exceptionally harsh consequences to them caused by the change in the way absences from the UK are counted

• Official documents: (e.g. medical, birth or death certificates)

• Letter from travel companies to evidence disruption to travel

• Other

And what would be my evidence? I apologize for asking so many questions but my eligibility date is near and I am trying to have some clarity on this before hitting the submit button.

Letter(s) from employer(s)

Zimba wrote: ↑

Sun Feb 23, 2020 8:42 pm

Letter(s) from employer(s)

You meant: Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies

But you also mentioned, "Your employer letter does not need to mention your absence before start date (and I assume they will not do that anyway)."

You do NOT need to provide any evidence for that period. Employer letter is a MUST for other periods. UKVI does not need evidence for short absences of 30 days or less per year anyway