ILR Permitted Leaves / Employer Letter

[pinkfloyd10]

Hi,

I have a quick question regarding ILR for Skilled Worker Visa and the dependents.
1. Can you switch jobs 4 months before you are become eligible to apply for ILR?
2. If yes, is this going to delay when next you can apply for ILR? Does this means can apply when eligible (same as above) or have to wait for 12 months before you can switch only after 12 months because job was recently changes
3. If 1 & 2 above does not impact ILR status, I have a question regarding the submission of leave etc. as per the ILR rule what proof is required by home office for employers. I was reading some where every time you travel outside the country you have to report in your application and same has to confirmed by the employer in the letter saying your job will carry on and these are the days person was on leave?
A) Is the above for example correct, if I have travel lets say due to personal work for more than the allowed vacation days (30) in the UK, for example 35 days, my office would have to say the same in the letter? How does this works?
B) and if you change the employers, how previous employer can provide the data? Can it be denied by ex-employer as it is more than allowed holidays and work from home was approved?

Would really appreciate if you can help me understand if the documents requirement.

[CR001]

1. Can you switch jobs 4 months before you are become eligible to apply for ILR?

Yes.

2. If yes, is this going to delay when next you can apply for ILR? Does this means can apply when eligible (same as above) or have to wait for 12 months before you can switch only after 12 months because job was recently changes

There is no such requirement that you have to wait 12 months!!

3. If 1 & 2 above does not impact ILR status, I have a question regarding the submission of leave etc. as per the ILR rule what proof is required by home office for employers. I was reading some where every time you travel outside the country you have to report in your application and same has to confirmed by the employer in the letter saying your job will carry on and these are the days person was on leave?

You only need an absence letter from your employer at the time of applying for ILR. You do not need a letter from previous employers.

A) Is the above for example correct, if I have travel lets say due to personal work for more than the allowed vacation days (30) in the UK, for example 35 days, my office would have to say the same in the letter? How does this works?

It is simply about stating your absence etc.

B) and if you change the employers, how previous employer can provide the data? Can it be denied by ex-employer as it is more than allowed holidays and work from home was approved?

You are overthinking!

[pinkfloyd10]

Thanks for a quick reply.

If I understood correctly, current employers can provide the absence letter for all the 5 years, irrespective of the duration with your current employer (even if that is 4 months). Is this correct?

[CR001]

All you need to know about the sponsor letter for Skilled Worker route

[AmazonianX]

Thanks for a quick reply.

If I understood correctly, current employers can provide the absence letter for all the 5 years, irrespective of the duration with your current employer (even if that is 4 months). Is this correct?

Only for the period spent with current employer.
HO aware of difficulties faced in getting anything from previous employers.

[pinkfloyd10]

Hi,

One extended question regarding number of days spent outside the UK.
I was counting for entire 5 years and for 1st year it was like 35 days, 2nd year none due to Covid and travel restrictions and 3rd year it was supposed to be within the limit of leave but due to family emergency it went to 60 + days, but my project approved it to WFH and manage family stuff. And then again I had to travel for follow-up in June for another month or so, again approved by project to WFH etc. + holidays..
In the same year I wasn’t planning to travel and had to go for personal work again for another 30 days or so with of course WFH+ leaves. Will than be an issue ILR application and outcome? The company is a IT consulting, and the approval is usually verbal with your supervisor to combine WFH and work days, I m sure letter will not be an issue what I don’t know is if they can write approved work from home as such, immigration teams are by the book usually. Having travel outside of UK and working is quite common in IT world, but ILR link I was referring to assumes people are absent from UK (how I interpreted, could be wrong). So, I would like to understand how it impacts the application It was due to family obligations.
Please help me understand how to proceed on this.

This what I was reading: Absences linked to reason for being in the UK: evidential requirements
https://www.gov.uk/government/publicati ... accessible

[zimba]

Hi,

One extended question regarding number of days spent outside the UK.
I was counting for entire 5 years and for 1st year it was like 35 days, 2nd year none due to Covid and travel restrictions and 3rd year it was supposed to be within the limit of leave but due to family emergency it went to 60 + days, but my project approved it to WFH and manage family stuff. And then again I had to travel for follow-up in June for another month or so, again approved by project to WFH etc. + holidays..
In the same year I wasn’t planning to travel and had to go for personal work again for another 30 days or so with of course WFH+ leaves. Will than be an issue ILR application and outcome? The company is a IT consulting, and the approval is usually verbal with your supervisor to combine WFH and work days, I m sure letter will not be an issue what I don’t know is if they can write approved work from home as such, immigration teams are by the book usually. Having travel outside of UK and working is quite common in IT world, but ILR link I was referring to assumes people are absent from UK (how I interpreted, could be wrong). So, I would like to understand how it impacts the application It was due to family obligations.
Please help me understand how to proceed on this.

This what I was reading: Absences linked to reason for being in the UK: evidential requirements
https://www.gov.uk/government/publicati ... accessible

The guide under the link you quoted literally does NOT apply to your route at all Refrain from randomly looking at any document you find without any proper understanding of the rules in place.

I explained how things work for your route here: All you need to know about the sponsor letter for Skilled Worker route

Your employer does NOT need to verify the things you did while away from the UK. You could have been working from abroad or you were on a holiday. The rules do NOT concern themselves with such details. This is a very common misconception. That is not required under the rules at all. The rules simply want your employer to confirm that your absences from WORK authorised

[pinkfloyd10]

Thanks for explaining again, appreciate it!

[pinkfloyd10]

Hi,

I have one quick query. My Tier 2 General visa was issue in India and the Vignette sticker has date of 13 May 2019 and I entered UK on 16 May 2019. Do I need to include this as absences from the UK count for ILR and letter from my employer?

Kindly let me know. I am currently in process of getting the letter from employer.

Thanks
Srishti

[zimba]

Hi,

I have one quick query. My Tier 2 General visa was issue in India and the Vignette sticker has date of 13 May 2019 and I entered UK on 16 May 2019. Do I need to include this as absences from the UK count for ILR and letter from my employer?

Kindly let me know. I am currently in process of getting the letter from employer.

Thanks
Srishti

No but the caseworker will count that as absence, nothing else needed

[Modularjyx]

Did you apply ILR without the absence letter from your previous employer in the end? Did you get ILR successfully? There are many similar questions but I haven’t seen any case thats people say “yes I applied without the absence letter and had no problem to get ILR.” So I’m curious how it went! Thank you