Previous employer cannot give Absence letter due to Merger/Acquisition

[travellingpants]

Hi All

I am new to this forum as a poster - i've tried to see if a similar question was answered but couldnt find it. So posting this as a fresh thread:

My situation: I have just completed 5 years in the UK on Tier 2 General Visa - under 2 different employers. 3 years with Employer 1 and 2 years with Employer 2. I have all the required letters and proofs from employer 2 who have been very good and helpful

Complication: Since i left, my previous employer (Employer 1) was acquired by a new company. When i contacted the HR of this company to provide me a letter stating all my absences were in accordance with company policy/paid leave - the HR said they couldn't as the company has been acquired, and so they do not hold the absence details of ex-employees. And without these details they will not produce any letter.

What should i do in such a circumstance? I will attach pay slips, bank statements and P60 to prove my pay was in full / no unpaid leaves. Should I do anything else? Has anybody faced a similar case and got a positive result by providing any other specific proof? I would greatly appreciate any help or advice

[srsw]

You still need to list all those leaves when you were out of the UK when working with your previous employer and attach a cover letter explaining the same + the email from HR saying they no longer hold that info after the merger.

As long as the leaves are within the limits you should be ok.

[bex654]

You still need to list all those leaves when you were out of the UK when working with your previous employer and attach a cover letter explaining the same + the email from HR saying they no longer hold that info after the merger.

As long as the leaves are within the limits you should be ok.

Are letters from all previous employers necessary? My solicitor only submitted a letter from my most recent employer.

[travellingpants]

Thanks for the help guys

I am attaching passport stamps, payslips, HMRC reports, and my flight tickets/ boarding passes. Fingers crossed! Do let me know if you think i should add anything else : )

-Wayne

[srsw]

You still need to list all those leaves when you were out of the UK when working with your previous employer and attach a cover letter explaining the same + the email from HR saying they no longer hold that info after the merger.

As long as the leaves are within the limits you should be ok.

Are letters from all previous employers necessary? My solicitor only submitted a letter from my most recent employer.

Yes... but please ask questions in your own thread.

[srsw]

Thanks for the help guys

I am attaching passport stamps, payslips, HMRC reports, and my flight tickets/ boarding passes. Fingers crossed! Do let me know if you think i should add anything else : )

-Wayne

Looks fine to prove your UK absences, but payslips/HRMC reports probably not required but no harm to add them to prove your employment with previous employer.

[bex654]

You still need to list all those leaves when you were out of the UK when working with your previous employer and attach a cover letter explaining the same + the email from HR saying they no longer hold that info after the merger.

As long as the leaves are within the limits you should be ok.

Are letters from all previous employers necessary? My solicitor only submitted a letter from my most recent employer.

Yes... but please ask questions in your own thread.

Sorry, I just saw this. My application was approved and we only submitted a letter from my most recent employer. So maybe they don't need a letter from all previous employers. It was also not on my document list required from HO.

[srsw]

You still need to list all those leaves when you were out of the UK when working with your previous employer and attach a cover letter explaining the same + the email from HR saying they no longer hold that info after the merger.

As long as the leaves are within the limits you should be ok.

Are letters from all previous employers necessary? My solicitor only submitted a letter from my most recent employer.

Yes... but please ask questions in your own thread.

Sorry, I just saw this. My application was approved and we only submitted a letter from my most recent employer. So maybe they don't need a letter from all previous employers. It was also not on my document list required from HO.

Caseworker probably been lenient in your case. See
excerpts from Tier 2 guidance (see point 260):

Absences - settlement

257. You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 month period within the 5 year period.

258. You will need to list details of your absences from the United Kingdom, including the
reasons for those absences, on the form.

259. If any of your absences are in connection with employment you will need to provide a letter
from the relevant employer detailing the purpose and period of absences, including periods
of annual leave.

260. You will need to provide this information for the full 5 year continuous period. Therefore, if
you are moving employers and are considering applying for settlement in the future, you
may wish to request a letter detailing your absences before you move to your new post. If
you are unable to obtain a letter as specified in the Immigration Rules, because your
previous employer has ceased to exist for example, you should confirm this in writing when
you make your application. The caseworker who considers your application will assess this
on a case by case basis

[travellingpants]

Thanks everyone for your help and advice. My application for ILR was approved with the documents as provided above : ) I am really glad

[Khaled33]

Congratulations

I’m in a similar position
Could you please let me know how you got around the absence letter from the employer? Did your employer end up giving you one ?

[Khaled33]

Thanks everyone for your help and advice. My application for ILR was approved with the documents as provided above : ) I am really glad

Could you also complete the ILR timeline so we know how long it took to get your ILR approved please