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Absence after entry but before employment start date

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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florentian
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Absence after entry but before employment start date

Post by florentian » Tue Aug 27, 2019 4:55 pm

I have a question about documenting absences that I don't *think* has been answered yet.

I am entering the UK on a Tier 2 General visa on 5-Sept. My first day at work is on 16-Sept. However, a friend is getting married in Germany on 14-Sept — before my start date — and I would really like to go to her wedding for the weekend.

This won't be covered by my annual leave, obviously, since my job will not have started yet. I will still technically be employed by my previous employer (in Switzerland) at the time of the absence — there is no gap in employment whatsoever. (It's not even paid leave though, since it's just a Saturday.)

Will this cause a problem if/when I eventually apply for ILR, since I can't justify the absence using my UK employer? What documentation could I obtain that might help document this brief absence?

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Zerubbabel
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Re: Absence after entry but before employment start date

Post by Zerubbabel » Tue Aug 27, 2019 7:20 pm

Asking the Home Office to return your passport doesn't affect the application. They are used to such requests.

florentian
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Re: Absence after entry but before employment start date

Post by florentian » Tue Aug 27, 2019 7:23 pm

Zerubbabel wrote:
Tue Aug 27, 2019 7:20 pm
Asking the Home Office to return your passport doesn't affect the application. They are used to such requests.
Thanks, although that's not the issue here — I'll already have my passport with visa, and will be entering the UK on a Tier 2 visa on 5-Sept. I'm wondering if leaving the UK for a day or two before my employment starts will eventually be a problem if I apply for ILR in 5 years.

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Zerubbabel
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Re: Absence after entry but before employment start date

Post by Zerubbabel » Tue Aug 27, 2019 7:27 pm

Sorry, I posted under the wrong topic :)

I have no idea for your own question but I am sure someone will respond in due course.

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CR001
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Re: Absence after entry but before employment start date

Post by CR001 » Tue Aug 27, 2019 7:39 pm

For absence you don't count the day of departure or the date of returning. You only count whole days out of the UK.
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florentian
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Re: Absence after entry but before employment start date

Post by florentian » Tue Aug 27, 2019 7:41 pm

CR001 wrote:
Tue Aug 27, 2019 7:39 pm
For absence you don't count the day of departure or the date of returning. You only count whole days out of the UK.
Yes, correct. This means I will be absent from the UK for one full day. I am wondering if that full day's absence will cause problems later, as it's prior to my employment start date, and therefore won't be under my employer's paid leave policy.

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CR001
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Re: Absence after entry but before employment start date

Post by CR001 » Tue Aug 27, 2019 7:42 pm

Non-issue. You are perhaps overthinking.
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florentian
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Re: Absence after entry but before employment start date

Post by florentian » Tue Aug 27, 2019 7:44 pm

CR001 wrote:
Tue Aug 27, 2019 7:42 pm
Non-issue. You are perhaps overthinking.
Probably. Reading too many rejection horror stories, I think... thank you :wink:

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Re: Absence after entry but before employment start date

Post by UKLL » Wed Aug 28, 2019 7:41 am

florentian wrote:
Tue Aug 27, 2019 7:41 pm
CR001 wrote:
Tue Aug 27, 2019 7:39 pm
For absence you don't count the day of departure or the date of returning. You only count whole days out of the UK.
Yes, correct. This means I will be absent from the UK for one full day. I am wondering if that full day's absence will cause problems later, as it's prior to my employment start date, and therefore won't be under my employer's paid leave policy.
You company will only report your absence once you have started with them, before you start, they have no record

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Zerubbabel
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Re: Absence after entry but before employment start date

Post by Zerubbabel » Wed Aug 28, 2019 8:30 am

If you are too nervous, think that if you take a flight today at 6 AM and return tomorrow evening at 10 PM, you weren't absent from the country for the purpose of this regulation.

florentian
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Re: Absence after entry but before employment start date

Post by florentian » Sat Aug 31, 2019 7:27 pm

In case anyone consults this later, I consulted my company's immigration lawyer. She said would not expect this to be a problem, as it is short personal holiday and not "inconsistent" with the purpose of being in the UK.

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