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Hi Gurus/Experts, have a quick question and really need some clarification.

I got my first Tier 2 visa on 18 Dec 2012 (whilst in UK) and would complete my five years period on 18 Dec 2017. However based on the 28 days rule I have booked my appointment for ILR application on 30 Nov 2017.

And based on this my qualifying period is as below:

Year 1 - 30 Nov 2017 - 01 Dec 2016
Year 2 - 30 Nov 2016 - 01 Dec 2015
Year 3 - 30 Nov 2015 - 01 Dec 2014
Year 4 - 30 Nov 2014 - 01 Dec 2013
Year 5 - 30 Nov 2013 - 01 Dec 2012


Now I understand that you should not be more than 180 days during any one qualifying year as per the rule which is fine and I understand.

I would like to inform that during the period for year 2, I was on holidays from Dec-15 to Jan-16 for total 40 days (25 annual holidays & rest weekends and statutory holidays) and for the month of Oct-16 for total 25 days (17 days annual holidays & rest weekends)

If you add the total annual holidays for this period it comes to 25 + 17 = 42. And as per the ILR rules for absences this is more than 30 days paid leave a year given by your company.

Can someone please help me in clarifying if my understanding is correct and that it would affect my ILR application.


Thanking you in advance

It should not. Just get the letter for your UK absences from the employer

zimba88 wrote: ↑

Wed Nov 08, 2017 8:50 pm

It should not. Just get the letter for your UK absences from the employer

zimba88 thanks for the reply. However could you please let me if my understanding is correct i.e. the total number of annual paid leave of 30 days is based on the calendar year (12 months) and not the qualifying period (12 months).

Your annual leave has no relevance to this. There is no 30 day limit or rule or whatever.
The acceptable absence is calculated per qualifying year, which is capped at 180 days. Any such absence from the UK must be authorised by your sponsor.

For ILR application, UKBA asks for letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK.

In my situation my previous employer is not providing any letter however replied through an email saying that 'we cannot issue the requested document as we do not hold any information'.

I am going to provide a covering letter explaining the above situation and my period of absence + salary slips to show no unpaid leave during this period.

I received the email as mentioned above from my previous emaployer on 31 Oct 2017 and my ILR Visa application is 30 Nov 2017.

My question is does this email need to be the latest i.e. does the date of email needs to be within one month of applying for the ILR?

Thanks

If the absences were less than 30 days per year, the letter might not be necessary as discretion could be applied

zimba88 wrote: ↑

Thu Nov 16, 2017 12:19 pm

If the absences were less than 30 days per year, the letter might not be necessary as discretion could be applied

Hi Zimba88, thanks for the reply. Apologies however didnt quite understood your response. So could you please elaborate more as it would be helpful. I have expressed my situation in the thread below which you have expressed your agreement.
indefinite-leave-to-remain/urgent-emplo ... 43511.html

Actually my main question was to know whether the email that was provided by my employer needs to be dated within one month.

Thanks

Hi saz1703,

I am having exactly the same situation like what you had. Have you managed to get the ILR? Eventually what have you provided can you recall?

Many thanks,
Phil