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Half day annual leave and 5 year continuous period
Posted: Thu Jul 21, 2022 8:56 pm
by amkay
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 10:10 am
by Ticktack
amkay wrote: ↑Thu Jul 21, 2022 8:56 pm
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
You're not in jail you know. You're free to move around if you're on annual leave or not.
Stop overthinking.
What concerns the HO is the amount time outside the UK based on policy. What you do during your weekends or Holidays doesn't trouble no one.
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 10:55 am
by amkay
Ticktack wrote: ↑Fri Jul 22, 2022 10:10 am
amkay wrote: ↑Thu Jul 21, 2022 8:56 pm
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
You're not in jail you know. You're free to move around if you're on annual leave or not.
Stop overthinking.
What concerns the HO is the amount time outside the UK based on policy. What you do during your weekends or Holidays doesn't trouble no one.
Please check this HO guide link:
https://assets.publishing.service.gov.u ... 2.0ext.pdf
"Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the
UK, on weekends or other non-working days have taken place, evidence from the
employer should be provided to confirm the applicant’s normal working pattern and
show the absences occurred during a non-working period."
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 11:25 am
by Ticktack
amkay wrote: ↑Fri Jul 22, 2022 10:55 am
Ticktack wrote: ↑Fri Jul 22, 2022 10:10 am
amkay wrote: ↑Thu Jul 21, 2022 8:56 pm
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
You're not in jail you know. You're free to move around if you're on annual leave or not.
Stop overthinking.
What concerns the HO is the amount time outside the UK based on policy. What you do during your weekends or Holidays doesn't trouble no one.
Please check this HO guide link:
https://assets.publishing.service.gov.u ... 2.0ext.pdf
"Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the
UK, on weekends or other non-working days have taken place, evidence from the
employer should be provided to confirm the applicant’s normal working pattern and
show the absences occurred during a non-working period."
You can't pick just one paragraph and run with that. You have to read the whole thing as a lump sum.
Once your trips outside the UK are consistent with your basis of stay and doesn't break the continuity of your leave, then your ok.
A letter from your employer saying all annual leaves where pre-approved simply covers all that. Employers don't need to know what you've been up to during your holidays or your weekends. So in turn, they can't approve that you can travel out of the UK on your holidays.
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 11:31 am
by amkay
Ticktack wrote: ↑Fri Jul 22, 2022 11:25 am
amkay wrote: ↑Fri Jul 22, 2022 10:55 am
Ticktack wrote: ↑Fri Jul 22, 2022 10:10 am
amkay wrote: ↑Thu Jul 21, 2022 8:56 pm
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
You're not in jail you know. You're free to move around if you're on annual leave or not.
Stop overthinking.
What concerns the HO is the amount time outside the UK based on policy. What you do during your weekends or Holidays doesn't trouble no one.
Please check this HO guide link:
https://assets.publishing.service.gov.u ... 2.0ext.pdf
"Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the
UK, on weekends or other non-working days have taken place, evidence from the
employer should be provided to confirm the applicant’s normal working pattern and
show the absences occurred during a non-working period."
You can't pick just one paragraph and run with that. You have to read the whole thing as a lump sum.
Once your trips outside the UK are consistent with your basis of stay and doesn't break the continuity of your leave, then your ok.
A letter from your employer saying all annual leaves where pre-approved simply covers all that. Employers don't need to know what you've been up to during your holidays or your weekends. So in turn, they can't approve that you can travel out of the UK on your holidays.
Yes, employer does not need to know why/where I have been in my annual leave but my understanding is that I need to prove that I have been in annual leave while I have been out of the UK. Now the first question still remained: Last day of the travel was not fully covered by a full day annual leave....
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 11:38 am
by Ticktack
amkay wrote: ↑Fri Jul 22, 2022 11:31 am
Yes, employer does not need to know why/where I have been in my annual leave but my understanding is that I need to prove that I have been in annual leave while I have been out of the UK. Now the first question still remained: Last day of the travel was not fully covered by a full day annual leave....
You could've been working remotely. That's between you and your employer. Provided you're in country.
Scenario, what if your last day of annual leave ends on a Friday and your return back to the UK on a Sunday. Is your employer also going to write a letter to cover the weekend?
You're overthinking it.
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 11:41 am
by amkay
Ticktack wrote: ↑Fri Jul 22, 2022 11:38 am
amkay wrote: ↑Fri Jul 22, 2022 11:31 am
Yes, employer does not need to know why/where I have been in my annual leave but my understanding is that I need to prove that I have been in annual leave while I have been out of the UK. Now the first question still remained: Last day of the travel was not fully covered by a full day annual leave....
You could've been working remotely. That's between you and your employer. Provided you're in country.
Scenario, what if your last day of annual leave ends on a Friday and your return back to the UK on a Sunday. Is your employer also going to write a letter to cover the weekend?
You're overthinking it.
The answer to your question is yes and covered in the paragraph that I copied from the aforementioned HO guide:
" evidence from the
employer should be provided to confirm the applicant’s normal working pattern and
show the absences occurred during a non-working period"
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 3:02 pm
by amkay
amkay wrote: ↑Thu Jul 21, 2022 8:56 pm
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
Can I ask someone to respond this question please?
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 3:58 pm
by manchesterunited1
I believe you are referring to an old version of the rules - based on the new guidance there is no qualification for absences. This can be seen within the link below and also on solicitor posts I've read online.
From this, and other posts on this forum, I believe the employer needs to provide a blanket statement to say your absences were approved by them for annual leave and if working abroad is normal for your job.
https://www.gov.uk/government/publicati ... -residence
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 4:54 pm
by zimba
amkay wrote: ↑Thu Jul 21, 2022 8:56 pm
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
No. that is not how the rules work.
Re: Half day annual leave and 5 year continuous period
Posted: Fri Jul 22, 2022 5:11 pm
by amkay
Zimba wrote: ↑Fri Jul 22, 2022 4:54 pm
amkay wrote: ↑Thu Jul 21, 2022 8:56 pm
Hello,
If someone left the country for 10 days but but did not have full day annual leave for the last day, may it break the 5 years qualifying period for the ILR? (Skilled Worker route)
e.g. Left the UK on 1/6/22 arrived the UK on 10/6/22, had full day annual leave from 1/6/22-9/6/22 and half day annual leave on the 10/6/22.
No. that is not how the rules work.
Many thanks for your response. And is any letter/evidence from the employer(sponsor) required about the absences in new rules?
Re: Half day annual leave and 5 year continuous period
Posted: Sat Jul 23, 2022 12:13 pm
by zimba