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query about SET(O) application

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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mohitp
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ILR application absence rule for tier 2/work visa holder

Post by mohitp » Sun Jun 04, 2023 4:31 pm

Hi, i will be completing 5 years stay on work visa by Sept 2023. Due to some unavoidable reason i have to travel outside UK for around 3-4 weeks in Jun-Jul 2023. Does this will impact my ILR application, that I am planning to apply after coming back UK in Sep 2023?

In the last 12 months counting back from Sep 2023, i will be outside the UK for not more than 45 days.
One of my friend informed that I should not travel outside UK until last 180 days form my ILR application date i.e. from Sep 2023 to Apr 2023. Is it correct?
As per my friend if i travel outside UK for 30 days starting from this month to mid Jul 2023, my ILR application will by refused if i apply ILR in Sep 2023 and should wait till Dec 2023 for ILR application ?
Can someone please help.

Thank you in advance.

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Re: ILR application absence rule for tier 2/work visa holder

Post by CR001 » Sun Jun 04, 2023 5:33 pm

Your friend is talking nonsense.

There is no such restriction on travelling before ilr.

The only requirement you have to meet is no more than 180 days absence in any 12 month period and your employer must give you a letter re all your absences etc.
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Re: ILR application absence rule for tier 2/work visa holder

Post by mohitp » Sun Jun 04, 2023 6:22 pm

CR001 wrote:
Sun Jun 04, 2023 5:33 pm
Your friend is talking nonsense.

There is no such restriction on travelling before ilr.

The only requirement you have to meet is no more than 180 days absence in any 12 month period and your employer must give you a letter re all your absences etc.
Thank you for clarification, now i can peacefully plan travelling.
I hope only following documents required for ILR application.
1. Letter specifying that this employee is needed for the current Job code. Can you please share if any template available with you?
2. Letter specifying all absences (only outside UK) in last 5 years.
3. Life in UK pass URN number
4. Letter specifying current salary
5. All the passports with visa stamps
6. BRP
7. Proof of current address
8. NARIC statement is available however i think it is not required since i am already having work visa which was issued based on NARIC.

In case if am missing anything please help. I am very much thankful to you for replying to my original query.

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Re: ILR application absence rule for tier 2/work visa holder

Post by Waseem432000 » Sun Jun 04, 2023 10:02 pm

You will get a document check list when you fill the form but I had a look a couple of days back (I am due to apply in a month or so myself) and this was exactly the checklist asked from me. I don’t think you need to have separate letters from employer for different purposes and one letter can fulfill all purposes. I plan to get one letter from employer that will state that X is employee from last 5 years and is currently working as (designation) and is paid x amount of money which is above the threshold for SOC code XXXX.

I have read quite a few threads here on asking employer to issue a letter about holidays outside of UK and I don’t think that’s required anymore(my employer will never know if a week I took off last year, I spent that home on sofa or went to Spain for some sun :) so it will be unreasonable to ask them) so as long as they mention in the same letter that X is entitled to X amount of holidays per year and all of their holidays were approved by us then it should be sufficient. I plan to apply next month as is one of my other fellows at work and this is what we plan to request our HR to put on our letters but I can update you here after I get my application in as yours is a couple of months after me.

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Re: ILR application absence rule for tier 2/work visa holder

Post by mohitp » Mon Jul 17, 2023 9:29 am

I received a letter from employer specifying that the xxx has been employed in UK from xx date to present date and is currently working as xxxx. He arrived in the UK on xxx.
We would also like to confirm that xx employee, will continue to be needed for this job and his gross salary is xxxx which is above the threshold for soc code xxx.
Employee is contractually entitled to 25 days paid annual leave and all his holidays were approved by us. Xxxxxxx

Hope this will suffice the requirements.

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Re: ILR application absence rule for tier 2/work visa holder

Post by zimba » Mon Jul 17, 2023 12:28 pm

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: ILR application absence rule for tier 2/work visa holder

Post by mohitp » Mon Jul 17, 2023 12:34 pm

Thanks Zimba, however the statement that the "employee will continue to be needed for this job" is taken from eligibility criteria specified on web page of ilr gov.uk site.
Hope it is fine. Can you please help.

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Re: ILR application absence rule for tier 2/work visa holder

Post by zimba » Mon Jul 17, 2023 2:40 pm

mohitp wrote:
Mon Jul 17, 2023 12:34 pm
Thanks Zimba, however the statement that the "employee will continue to be needed for this job" is taken from eligibility criteria specified on web page of ilr gov.uk site.
Hope it is fine. Can you please help.
That statement does not contradict the requirements under the rules. It is in fact based on the rules that require you to be needed and paid for the foreseeable future. That is what the information on gov.uk is trying to convey. This is quite clear in the link I posted too.

FYI gov.uk is just there to provide some generic information to the applicants. All criteria are defined strictly under the rules and in the official guides. Those are the ONLY places you need to look.
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: ILR application absence rule for tier 2/work visa holder

Post by mohitp » Mon Jul 17, 2023 7:17 pm

zimba wrote:
Mon Jul 17, 2023 2:40 pm
mohitp wrote:
Mon Jul 17, 2023 12:34 pm
Thanks Zimba, however the statement that the "employee will continue to be needed for this job" is taken from eligibility criteria specified on web page of ilr gov.uk site.
Hope it is fine. Can you please help.
That statement does not contradict the requirements under the rules. It is in fact based on the rules that require you to be needed and paid for the foreseeable future. That is what the information on gov.uk is trying to convey. This is quite clear in the link I posted too.

FYI gov.uk is just there to provide some generic information to the applicants. All criteria are defined strictly under the rules and in the official guides. Those are the ONLY places you need to look.
Thank you Zimba, in that case I think I can proceed with the employer letter I received.

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Re: ILR application absence rule for tier 2/work visa holder

Post by garrick » Mon Jul 17, 2023 10:05 pm

CR001 wrote:
Sun Jun 04, 2023 5:33 pm
Your friend is talking nonsense.

There is no such restriction on travelling before ilr.

The only requirement you have to meet is no more than 180 days absence in any 12 month period and your employer must give you a letter re all your absences etc.
Hi CR001, in one of my previous query, you mentioned that there is no need to have seperate letter from employer for leaves/absence. Am I missing something?

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Re: ILR application absence rule for tier 2/work visa holder

Post by zimba » Tue Jul 18, 2023 12:04 am

garrick wrote:
Mon Jul 17, 2023 10:05 pm
CR001 wrote:
Sun Jun 04, 2023 5:33 pm
Your friend is talking nonsense.

There is no such restriction on travelling before ilr.

The only requirement you have to meet is no more than 180 days absence in any 12 month period and your employer must give you a letter re all your absences etc.
Hi CR001, in one of my previous query, you mentioned that there is no need to have seperate letter from employer for leaves/absence. Am I missing something?
You are not missing anything
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: ILR application absence rule for tier 2/work visa holder

Post by AmazonianX » Tue Jul 18, 2023 1:29 am

mohitp wrote:
Mon Jul 17, 2023 7:17 pm
zimba wrote:
Mon Jul 17, 2023 2:40 pm
mohitp wrote:
Mon Jul 17, 2023 12:34 pm
Thanks Zimba, however the statement that the "employee will continue to be needed for this job" is taken from eligibility criteria specified on web page of ilr gov.uk site.
Hope it is fine. Can you please help.
That statement does not contradict the requirements under the rules. It is in fact based on the rules that require you to be needed and paid for the foreseeable future. That is what the information on gov.uk is trying to convey. This is quite clear in the link I posted too.

FYI gov.uk is just there to provide some generic information to the applicants. All criteria are defined strictly under the rules and in the official guides. Those are the ONLY places you need to look.
Thank you Zimba, in that case I think I can proceed with the employer letter I received.
The letter suffices, proceed wit it.

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Re: ILR application absence rule for tier 2/work visa holder

Post by AmazonianX » Tue Jul 18, 2023 1:33 am

garrick wrote:
Mon Jul 17, 2023 10:05 pm
CR001 wrote:
Sun Jun 04, 2023 5:33 pm
Your friend is talking nonsense.

There is no such restriction on travelling before ilr.

The only requirement you have to meet is no more than 180 days absence in any 12 month period and your employer must give you a letter re all your absences etc.
Hi CR001, in one of my previous query, you mentioned that there is no need to have seperate letter from employer for leaves/absence. Am I missing something? No
A line in the employer letter referencing leaves or absences as in the above (as copiously seen in this particular post thread) is enough.

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Re: query about SET(O) application

Post by mohitp » Sat Jul 29, 2023 10:56 am

It might be simple question but I am not clear so need some help. In the ILR form it says "date left UK" what does it mean. Does it mean the date I boarded the flight i.e. departure date because in most of my travelling I reached the destination country next day and on my passport the immigration stamp is provided for the destination country with arrival date, which is next day of the date I left UK.
My company has provided the absence letter based on the passport. So the question is which date to consider in application form? The departure date? This date is different compared to arrival stamp from destination country so is that fine? My company has provided letter based on passport, is that Ok?

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Re: query about SET(O) application

Post by AmazonianX » Sat Jul 29, 2023 12:23 pm

mohitp wrote:
Sat Jul 29, 2023 10:56 am
It might be simple question but I am not clear so need some help. In the ILR form it says "date left UK" what does it mean. Does it mean the date I boarded the flight i.e. departure date because in most of my travelling I reached the destination country next day and on my passport the immigration stamp is provided for the destination country with arrival date, which is next day of the date I left UK.
My company has provided the absence letter based on the passport. So the question is which date to consider in application form? The departure date? This date is different compared to arrival stamp from destination country so is that fine? My company has provided letter based on passport, is that Ok?
Date left UK means date of departure from UK. Should be no problem as HO holds this information already. A simple line in additional information section indicating that company letter refers to arrival at your destination should suffice.

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Re: query about SET(O) application

Post by zimba » Sat Jul 29, 2023 9:53 pm

mohitp wrote:
Sat Jul 29, 2023 10:56 am
It might be simple question but I am not clear so need some help. In the ILR form it says "date left UK" what does it mean. Does it mean the date I boarded the flight i.e. departure date because in most of my travelling I reached the destination country next day and on my passport the immigration stamp is provided for the destination country with arrival date, which is next day of the date I left UK.
My company has provided the absence letter based on the passport. So the question is which date to consider in application form? The departure date? This date is different compared to arrival stamp from destination country so is that fine? My company has provided letter based on passport, is that Ok?
A departure date is the date you left the UK. What happened after that is irrelevant
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: query about SET(O) application

Post by mohitp » Sat Jul 29, 2023 10:01 pm

zimba wrote:
Sat Jul 29, 2023 9:53 pm
mohitp wrote:
Sat Jul 29, 2023 10:56 am
It might be simple question but I am not clear so need some help. In the ILR form it says "date left UK" what does it mean. Does it mean the date I boarded the flight i.e. departure date because in most of my travelling I reached the destination country next day and on my passport the immigration stamp is provided for the destination country with arrival date, which is next day of the date I left UK.
My company has provided the absence letter based on the passport. So the question is which date to consider in application form? The departure date? This date is different compared to arrival stamp from destination country so is that fine? My company has provided letter based on passport, is that Ok?
A departure date is the date you left the UK. What happened after that is irrelevant
Thanks Zimba, do I need to update the absence letter. As per my understanding it should be fine and no update required since it is inline with the passport immigration stamp.

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Re: query about SET(O) application

Post by zimba » Sat Jul 29, 2023 10:05 pm

You do not need to do anything. UKVI does not rely on passport stamps at all. An absence is the period between a departure date from the UK and the subsequent re-entry date. That is all matters to them. As I already pointed out above there is NO specific absence letter at all
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: query about SET(O) application

Post by mohitp » Thu Aug 17, 2023 10:03 am

zimba wrote:
Sat Jul 29, 2023 10:05 pm
You do not need to do anything. UKVI does not rely on passport stamps at all. An absence is the period between a departure date from the UK and the subsequent re-entry date. That is all matters to them. As I already pointed out above there is NO specific absence letter at all
Hi Zimba, thanks for above i have submitted my application on super priority yesterday and its more than 24 hours and have not received any feedback. I just wanted to check with you that my company was takenover last year and TUPE process initiated. Accordingly we informed to HO about it and sponsor license number for legacy company was made dormant and new sponsor license number assigned but the company name remains same as legacy (its also on the gov.uk sponsor list). In my ILR application i mentioned the new license number since it was not accepting the old license number showing invalid. So do you feel is it going to impact ILR application? and being super priority application not getting response for more than 24 hours is normal? or do you feel that it is under review or query is expected?
Thanks in advance.

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Re: query about SET(O) application

Post by AmazonianX » Thu Aug 17, 2023 12:17 pm

Sometimes decision not made in 24 hours as the super priority is not guaranteed.
If there are further queries or will take longer one does not know.
Be patient to hear from HO on your application.

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Re: query about SET(O) application

Post by zimba » Thu Aug 17, 2023 12:29 pm

Priority service has no guarantees. If a decision cannot be made due to pending verifications and checks, then you do not get a response within the super priority timeframe. This is normal as some applications certainly cannot be decided in such a short timeframe
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: query about SET(O) application

Post by mohitp » Thu Aug 17, 2023 9:49 pm

zimba wrote:
Thu Aug 17, 2023 12:29 pm
Priority service has no guarantees. If a decision cannot be made due to pending verifications and checks, then you do not get a response within the super priority timeframe. This is normal as some applications certainly cannot be decided in such a short timeframe
I received the ILR today evening via email notification. Thank you Zimba and AmazonianX for advice. I would also like to add here that I submitted this ILR application before 26 days i.e. within 28 days before completing my 5 years from entry date.

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Re: query about SET(O) application

Post by AmazonianX » Thu Aug 17, 2023 11:02 pm

mohitp wrote:
Thu Aug 17, 2023 9:49 pm
zimba wrote:
Thu Aug 17, 2023 12:29 pm
Priority service has no guarantees. If a decision cannot be made due to pending verifications and checks, then you do not get a response within the super priority timeframe. This is normal as some applications certainly cannot be decided in such a short timeframe
I received the ILR today evening via email notification. Thank you Zimba and AmazonianX for advice. I would also like to add here that I submitted this ILR application before 26 days i.e. within 28 days before completing my 5 years from entry date.
Congratulations

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