ILR Skilled Worker Route Absence from UK (WFH Unauthorised)
Posted: Mon Jan 27, 2025 9:55 pm
Hi,
I will be eligible for ILR via SW route starting Jan 2021 so later this year, but I just made a dummy application to see the required docs and it asks for "Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies"
So in 2021 I had to travel to home country on 3 occasions for family emergency and holidays with Holidays + WFH (which was not authorized)
Now, the template that my company has for such a letter, we need to mention all absences with Start and end date with reason etc, so I am quite afraid to ask this question to employer. My total absence was 60 working days for that rolling year & there are only 25 paid annual leaves + 8 UK bank holidays so the absence is not justified as per this rule (is it applicable?):
But I read posts on this forum that, the details of absences are not needed anymore, just a one liner is enough like "all absences were authorized" by employer etc. Is it true? should I just provide the letter with this line for my employer to approve, will that be enough? Please help guide or share your experience.
TIA
Regards
I will be eligible for ILR via SW route starting Jan 2021 so later this year, but I just made a dummy application to see the required docs and it asks for "Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies"
So in 2021 I had to travel to home country on 3 occasions for family emergency and holidays with Holidays + WFH (which was not authorized)
Now, the template that my company has for such a letter, we need to mention all absences with Start and end date with reason etc, so I am quite afraid to ask this question to employer. My total absence was 60 working days for that rolling year & there are only 25 paid annual leaves + 8 UK bank holidays so the absence is not justified as per this rule (is it applicable?):
Source : https://www.gov.uk/government/publicati ... ous-periodAbsences linked to reason for being in the UK: evidential requirements
For all other categories, absences must be consistent with, or connected to, the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK - for example, business trips or short secondments.
This also includes any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers. For example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays.
Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
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.
However, time spent away from the UK for extended periods, particularly if the business no longer exists, should not be allowed.
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.
But I read posts on this forum that, the details of absences are not needed anymore, just a one liner is enough like "all absences were authorized" by employer etc. Is it true? should I just provide the letter with this line for my employer to approve, will that be enough? Please help guide or share your experience.
TIA
Regards
no specific reason given