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TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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dollypee
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TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by dollypee » Tue Sep 11, 2018 10:19 pm

i have read a few post on here about absence letter from previous and current employers. My understanding (from home office document) is  that this is only needed if one spent more than 180days outside UK.  For paid annual leave spent within or outside UK, provided its the usual 25 or 28days (depending on the company), i believe one does not need any letter from employers. Can someone please shed light on this as what i am gathering is people are adding letters to their applications nothwithstanding.

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GMO
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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by GMO » Tue Sep 11, 2018 11:31 pm

You must need an absence letter( all absences outside UK in last 5 years) and a letter stating that you required for future.

dollypee
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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by dollypee » Wed Sep 12, 2018 12:54 pm

Thanks for your reply but could you please point me to where this is stated in the document as what i read only says letter is needed if you soend over 180days

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CR001
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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by CR001 » Wed Sep 12, 2018 1:24 pm

dollypee wrote:
Wed Sep 12, 2018 12:54 pm
Thanks for your reply but could you please point me to where this is stated in the document as what i read only says letter is needed if you soend over 180days
Immigration Rules and the guidance notes?? Your assumption is incorrect re spending over 180 days absent as this would make you ineligible for ILR if absence is more than 180 days per 12 month cycle.

https://www.gov.uk/guidance/immigration ... sed-system

245HF (h)
(h) The applicant must provide the specified documents in paragraph 245HH as evidence of the salary in (c)(ii)(2) or (3) above and the reasons for the absences set out in paragraph 245AAA.
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dollypee
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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by dollypee » Wed Sep 12, 2018 9:33 pm

oh thanks, i mixed things up in my head. you are very correct regarding the 180days. i was actually concerned about the need for a letter from company if the absence isnt related to work. i have read the doc you attached specifically everything under 245 and my understanding still remains that one does not need letter unless it was related to work. however, i will still add this just to be safe. thanks for taking your time to reply. much appreciated

dollypee
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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by dollypee » Fri Sep 14, 2018 11:13 am

May i also please ask if the qualifying period for 5years been referred to in tier 2 to ILR application can be:

a. you have spent a total of 5years from the time you were first issued a tier 2 visa till now

b. eligible to apply anyday from 28days before the end date on your BRP

The premium day chosen is for the former as based on calculation, 5years has been spent on tier 2 but its definitely more than 28days before the date showing on BRP card

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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by CR001 » Fri Sep 14, 2018 11:19 am

You can apply no sooner than within 28 days before you qualify counting from the date your tier 2 general visa started OR anytime after that but before your current visa expires.
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dollypee
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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by dollypee » Fri Sep 14, 2018 2:32 pm

CR001 wrote:
Fri Sep 14, 2018 11:19 am
You can apply no sooner than within 28 days before you qualify counting from the date your tier 2 general visa started OR anytime after that but before your current visa expires.


thank you for your reply. i believe we are in order based on what you quoted. Below are the dates

BRP CARD DATES
start date: 03/10/2013
end date:   04/01/2017
start date: 20/10/2015
end date:   09/11/2018

Based on this, the 5th year mark will be 3th of october 2013. Premium application has been booked for 18th of September which falls within 28days before we qualify. I hope my calculation is right. we dont want to risk refusal.

i also hope 2weeks absence from the UK(paid leave for holiday purpose) wont affect or impact on rhw qualifying period. Absence letter from empolyer will be added though

dollypee
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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by dollypee » Tue Sep 18, 2018 12:11 pm

Thanks CR001 and GMO for your comments and the links you sent to help clarify my questions. ILR premium application was approved today.

Thanks alot

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Re: TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

Post by GMO » Tue Sep 18, 2018 7:10 pm

dollypee wrote:
Tue Sep 18, 2018 12:11 pm
Thanks CR001 and GMO for your comments and the links you sent to help clarify my questions. ILR premium application was approved today.

Thanks alot
Congrats :) Please share your experience on the premium service centre and the list of document you submitted along with your application. That will really help many of us.

Regards.

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