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UK ILR ABSENCE FROM UK CASE

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Abhi19921994
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Joined: Tue May 20, 2025 11:28 pm
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UK ILR ABSENCE FROM UK CASE

Post by Abhi19921994 » Tue May 20, 2025 11:30 pm

PLEASE PLEASE PLEASE HELP ME !!!

Can someone URGENTLY help me in UK ILR?
I am on skilled worker tier 2 visa and eligible for ILR on 20 August 2025. In the 12 months period before this date my total days of absences from the UK is 82 days BUT I have a PROBLEM HERE. Out of these 82 days I worked 26 days from India without any approval or permission from my employer. The rest 56 days I was on approved annual leave from my employer.Here is the breakdown

2nd Dec 2024 - 6th Dec 2024 - Work from India remotely without approval from my company

9th Dec 2024 - 29th Dec 2024 - In India on approved annual leave from my company

8th Feb 2025 - 11th Feb 2025 - Work from India remotely without approval from my company

12th Feb 2025 - 4th March 2025 - In India on approved annual leave from my company

5th March 2025 - 16th March 2025 - Work from India remotely without approval from my company

13th April 2025 - 29th April 2025 - Work from India remotely without approval from my company

I read the following:

"Interim caseworker action: missing evidence

If an applicant is required to provide specified documents from their employer explaining their absences and fails to do this, and the absences do not exceed 30 working days plus statutory public holidays per annum (for example, such absences are likely to be consistent with paid annual leave), you can choose, having regard to all the circumstances of the case, to consider the application without this documentation.
You still need evidence where the absences in a 12 month period (as defined above) exceed 30 working days plus statutory public holidays."

on GOV.UK website
https://www.gov.uk/government/publicati ... accessible

(Please refer to sections

Absences linked to reason for being in the UK: evidential requirements

AND

Interim caseworker action: missing evidence)

My problem is my employer will not give the letter of absence for unapproved remote work from India.My company can only give details of the approved annual leaves.

1. Do I need a letter from employer stating my absences from the UK mandatorily or this letter is not mandatory and I can just show my passport stamps?

2. Will this situation impact my ILR as the condition above in the gov.uk site says it because I will not be able to evidence it from my employer?

3. Is there a way to avoid this problem and get ILR in August 2025 only?

4. SHOULD I WAIT FOR 1 YEAR TILL MAY 2026 AND APPLY FOR ILR SO THAT MY PREVIOUS 12 MONTH RECORDS ARE CLEAN?

PLEASE PLEASE PLEASE HELP ME !!!

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zimba
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Re: UK ILR ABSENCE FROM UK CASE

Post by zimba » Wed May 21, 2025 6:21 am

Tier 2 route does not exist. It seems you assumed there is an issue and now trying to find a solution for it.

Your problem is the failure to read the guide you quoted from properly. The "Indefinite leave to remain: calculating continuous period in UK" guide is an old document that is nearly 3 years old and it does NOT cover the skilled worker route at all. This is very very clearly stated on top of the guide.

The relevant guide that applies to your route is this one: https://assets.publishing.service.gov.u ... ce__1_.pdf

You do NOT need to provide reasons for being outside the UK. Also your employer is NOT required to know when you were outside the UK and is NOT required to confirm such thing at all.

See: All you need to know about the sponsor letter for Skilled Worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Abhi19921994
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Joined: Tue May 20, 2025 11:28 pm
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Re: UK ILR ABSENCE FROM UK CASE

Post by Abhi19921994 » Wed May 21, 2025 2:03 pm

Thanks zimba.You saved me.

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