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Hello everyone,

I’m tier 2 visa and currently on fourth year of my visa so I’m hoping to start preparing my documents very soon to apply for ILR. One of the benefits my company offers is buying 15 annual leave days on the top of the days I am entitled to . Is this an issue considering I need justify all the absent days throughout the 5 years ?

Also , how can I generally justify the absence in annual leave days when sometimes we take a day or two to relax from work and we would simply book the time sheet without telling the company what I’m actually doing ?

Kind regards

Taher

The absence letter is for absence outside the UK, not the odd day you took off to stay home in the UK.

Thank you for the reply mate !
So I don’t need to report any annual leave holidays that I took in the U.K. ? Also , Is it ok that my leave was for around 45 days

TaherLy wrote: ↑

Fri May 29, 2020 12:05 am

Thank you for the reply mate !
So I don’t need to report any annual leave holidays that I took in the U.K. ? Also , Is it ok that my leave was for around 45 days

Not really. Absences OUTSIDE the UK are only important

That’s also hard to justify as my sponsor would not know much about the holidays I have abroad ?

TaherLy wrote: ↑

Sat May 30, 2020 12:52 am

That’s also hard to justify as my sponsor would not know much about the holidays I have abroad ?

Your sponsor does not have to specify you left the UK. Your sponsor needs to simply confirm all your absences from work were permitted. That is all. How do they know what you did in your time off work? No one is expecting such a thing from your sponsor

Zimba wrote: ↑

Sat May 30, 2020 2:55 am

TaherLy wrote: ↑

Sat May 30, 2020 12:52 am

That’s also hard to justify as my sponsor would not know much about the holidays I have abroad ?

Your sponsor does not have to specify you left the UK. Your sponsor needs to simply confirm all your absences from work were permitted. That is all. How do they know what you did in your time off work? No one is expecting such a thing from your sponsor

indefinite-leave-to-remain/employer-let ... 67381.html

In this sticky, the absence letter seems to include all details of travelling on annual leave. So that's not required? Just one line saying all annual leave are approved?
Thanks

That is simply a sample letter someone got from their employer. Most employers will not confirm if you were out of the UK (how do they know!!?) unless they sent you out on a business trip. There is no requirement for your employer to state when you left the UK otherwise. As long as they confirm your annual leave, you will be fine

Dear all

I have two questions that hope someone can help with .

1. I’m thinking to leave the country for a couple of days but no longer have any days left in my annual leave . Can I take these two days as unpaid leave ? Will that affect my ILR ? Does my sponsor have to report these two days to home office ?


2. If someone works remotely for three hours a day while on two week holiday. Will that be an issue ? Does my sponsor need to write these in the absence letter I will require when I apply ILR Or it’s not required as the purpose for absence is not business related and falls within the 30 days annual leave I’m entitled to ?

1. That has nothing to do with your immigration. You can take as many days off as your sponsor permits
2. There is NO limit that you should adhere to, except the max 180 days limit. I am not sure how you think that you are only allowed 30 days off. Your contractual holiday entitlement is separate from the immigration rules. DO NOT mix them up

Zimba wrote: ↑

Fri Dec 25, 2020 12:05 pm

1. That has nothing to do with your immigration. You can take as many days off as your sponsor permits
2. There is NO limit that you should adhere to, except the max 180 days limit. I am not sure how you think that you are only allowed 30 days off. Your contractual holiday entitlement is separate from the immigration rules. DO NOT mix them up

Thank you zimba , as always, for your responses!
A.I’m aware there’s a cap of 4 unpaid leave per year that employees can take before their sponsorship , would home office challenge as to why I was allowed to get unpaid leave while on holiday ( this will be for 4 days )

B.does my sponsor need to mention in the absence letter that I worked remotely for a few hours a day for two weeks while on holiday abroad?

Any replies on this please friends! I simply need to know if I need to declare the 4 days of unpaid leave I took ? And in the absence days where part of the day was taken from my leave ( say 5 hours ) and I worked remotely for the rest of the day ( say 2.5 hours ) , do these need to be declared too ?

TaherLy wrote: ↑

Sat Dec 26, 2020 6:23 pm

Any replies on this please friends! I simply need to know if I need to declare the 4 days of unpaid leave I took ? And in the absence days where part of the day was taken from my leave ( say 5 hours ) and I worked remotely for the rest of the day ( say 2.5 hours ) , do these need to be declared too ?

NO, you don't. Unpaid leave is treated the same as any leave. I

So the absence letter doesn’t need to mention my unpaid leave days or they need to reflected on the letter ?

Hi all

If taking unpaid leave pushes my annual salary to lower rate than that minimum salary thershold would that be an issue when I apply for ILR or that’s not relevant since I’m still paid the same rate for the days I’m working and the contractual salary is still above the minimum salary requirements and the drop in salary only happened as I didn’t work in the 5 day unpaid leave in that particular month ?

TaherLy wrote: ↑

Wed Dec 30, 2020 3:02 am

Hi all

If taking unpaid leave pushes my annual salary to lower rate than that minimum salary thershold would that be an issue when I apply for ILR or that’s not relevant since I’m still paid the same rate for the days I’m working and the contractual salary is still above the minimum salary requirements and the drop in salary only happened as I didn’t work in the 5 day unpaid leave in that particular month ?

If it’s an issue , can this be compensated by doing overtime for the same number of hours I took as unpaid Leave so my salary is levelled up to that of minimum thershold?

If this doesn’t work , what are my option to resolve the problem please?

Any responses on this please as it’s urgent

It has no effect

Thank you Zimba
Really appreciate it

Could you please elaborate considering the following sections from UKVI sponsor guidance says ? Are you saying that since the contractual standard rate is still above the minimum salary requirements and that the unpaid leave that I will take won’t Break the contractual clause of my salary even though in that particular year I will receive less than the salary stated in the CoS which is also less than minimum salary threshold?
...,,,
Reductions in salary
26.20 If you decide to cut a migrant’s salary package to a lower rate than you stated
on their CoS, such as, if the allowances offered have changed, the new rate that you pay to them must meet the current appropriate rate requirements.

26.21 If the new rate is below the appropriate rate, you cannot continue to sponsor
them and you must report this to us using your sponsor management system
(SMS) account.
26.22 There is an exception to this rule if the migrant is undertaking professional
examinations to assess whether their skills meet UK standards before starting
work for you, where the passing of such examinations is a regulatory
requirement for the job the migrant will be sponsored to do, for example,
where they are taking OSCE or PLAB tests.
26.23 The only other exceptions to this rule are:
• where the reduction is due to the migrant taking a period of:
o maternity
leave
o paternity
leave
o shared parental
leave
o adoption
leave
• long-term sick
leave
for more than one continuous calendar month
• where a migrant is taking
unpaid
leave
with your agreement to assist in a
national or international humanitarian or environmental crisis - this limited
concession will enable you to continue sponsoring the migrant for up to 6
months of
unpaid
leave
per year, you should use the SMS as usual to tell
us of the changes
• in the case of a Tier 2 (ICT) migrant, where the reduction is due to them not
being physically present in the UK
26.24 You must not continue to sponsor a migrant who is absent from work without
pay for 4 weeks or more in total. The only exceptions to this are the reasons
listed in paragraph 26.23 above, or where the migrant is taking part in strike
action as part of legally organised industrial action.
26.25 Where you are required to stop sponsoring a migrant who has been absent
from work without pay for 4 weeks or more, you must report this using your
SMS account. This applies whether the migrant is absent from work over a
single period or more than one period during any calendar year (1 January to
31 December). The 4 weeks is worked out according to the migrant’s normal
working pattern.
An example of this is if the migrant works 3 days per week (3 days x 4 weeks),
it would be 12 working days.
26.26 If a sponsored migrant wishes to take a longer period of other
unpaid
leave
, such as a sabbatical, you must stop sponsoring them and report this using
your SMS account.
26.27 If the migrant was granted
leave
under Tier 2 (General) as a ‘high earner’ and
the reduction in salary takes them below the high earner threshold, the migrant
must make a new application for
leave
.

The unpaid leave does NOT change your pay rate. It changes your total pay unless your employer changes your hourly rate. The rate is the hourly rate paid for the work you do. Unpaid leave below 4 weeks a year is allowed. If you take more than 4 weeks of unpaid leave in a year, your sponsor must stop sponsoring you. That is all.

Thank you Zimba !

Hi guys

I have had a look at the latest P60 I received abd I can see my gross salary has dropped a bit to a lower level than indicated on SOC. I think this is due to the ‘ benefits ‘ I am receiving from from mr employersuch as buying extra leave days, private healthcare insurance etc . My understanding is that these benefits are taxed differently. Would that be a problem knowing that my reference salary on payslips is still as indicated on SOC?

Your thoughts please guys ?

Hello

I will soon meet the criteria for applying for ILR through both the tier 2 and 10 year routes. Which route do you think I should use to submit my application? What are the pros and cons of each route ?

My employer is happy to provide me with a letter stating all absences from work have been approved without writing the days on the letter while I will provide a cover letter with list of absences?m. Would that be sufficient or the days of absences have to be written on the employer latter ? Do we have anyone who submitted an employer letter without the absences days written on them and still got the ILR application approved without any issues?