Enquiry: Employment letter for ILR

[Mabincredible]

Hello,

I appreciate that this question has been asked many times and I’ve read extensively on this forum for some clarifications. I’m preparing to apply for my ILR based on the health and care visa route.

My HR department provided me with the following statement both confirming the employment and the leave status. Does this meet the requirement?

Edited at user request

Would it be necessary for them to add “All leaves taken have been authorised” or does the letter serves its purpose as it is?

My days of absence are few in any 12 months period, with the highest number being roughly 90 days. Since I started with my current employer I’ve accumulated around 35 days.

Thank you for your help with this.

[Mabincredible]

Could the admin please delete this post, as I am unable to delete or edit the post myself. Thanks.

[AmazonianX]

Posts don't get deleted here.

[Mabincredible]

Posts don't get deleted here.

Thanks for your response. Is it possible to have it edited by an admin?

[AmazonianX]

Posts don't get deleted here.

Thanks for your response. Is it possible to have it edited by an admin?

To what end if I may ask?

[Mabincredible]

Hello,

Apologies for raising a question that's been covered many times here. Could someone please advise whether the letter below is sufficient as an employment supporting letter without listing the specific dates of absence?

My longest absence for any rolling 12 months period is 96 days (from previous employment). With my current employment I have an absence of 40 days. Is it necessary for my workplace to issue an absence letter when there are no work-related absences NOT to be counted into the 180 days limit?

Letter:

This letter confirms that (name) is employed by (company) as a (position) under the SOC code (code number) at (company address). He has been employed from (date) until present with annual salary of (amount), which meets the minimum sponsorship requirement.

(name) is under the Health Board’s sponsorship and still required in post to work for the foreseeable future, and therefore works full time on a permanent contract. This would equate to 37.50 hours per week (this will include any annual leave, public holiday, sick leave and special leave). (name) is entitled to (amount) hours annual leave per year. All leaves taken have been authorised and he has not taken any unpaid leave during his
employment.

If you require any further information please do not hesitate to contact the Workforce Directorate on (number).

Thank you.

[zimba]

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

[Mabincredible]

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

Thanks Zimba, I have read that post religiously and it cleared many of my questions.

The quote wrote "according to the immigration rules there is no specific requirement for any evidence or letter to cover periods of absences. Just get your sponsor to confirm in the letter that they approved all the periods of absence from work."

I was uncertain about the highlighted bit. Would the HR need to list all the periods, or just a statement as shown in the letter I received from the HR: "All leaves taken have been authorised and he has not taken any unpaid leave during his employment."

Apologies for being pedantic and thank you for your time.

[Ticktack]

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

Thanks Zimba, I have read that post religiously and it cleared many of my questions.

The quote wrote "according to the immigration rules there is no specific requirement for any evidence or letter to cover periods of absences. Just get your sponsor to confirm in the letter that they approved all the periods of absence from work."

I was uncertain about the highlighted bit. Would the HR need to list all the periods, or just a statement as shown in the letter I received from the HR: "All leaves taken have been authorised and he has not taken any unpaid leave during his employment." This should suffice.

Apologies for being pedantic and thank you for your time.

[AmazonianX]

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

Thanks Zimba, I have read that post religiously and it cleared many of my questions.

The quote wrote "according to the immigration rules there is no specific requirement for any evidence or letter to cover periods of absences. Just get your sponsor to confirm in the letter that they approved all the periods of absence from work."

I was uncertain about the highlighted bit. Would the HR need to list all the periods NO, or just a statement as shown in the letter I received from the HR: "All leaves taken have been authorised and he has not taken any unpaid leave during his employment. YES"

Apologies for being pedantic and thank you for your time.

[Mabincredible]

Hello,

The occupation codes changed on 4 April 2024, and some codes are now different from those previously used.

The occupation code my current employer used for my visa application in 2023 has since changed and is now associated with a different profession.

In the IRL form, I was asked to provide my SoC (Set-O). Should I use the code my employer used for my visa application last year, or should I use the new code that came into effect on 4 April 2024?

Thank you.

[zimba]

Use the new one.

Note that the Standard Occupational Classification (SOC) codes assigned to each role have been simply updated from the 2010 codes to the 2020 codes, so your old SOC and the new 2020 SOC both effectively refer to the same role

[Mabincredible]

Use the new one.

Note that the Standard Occupational Classification (SOC) codes assigned to each role have been simply updated from the 2010 codes to the 2020 codes, so your old SOC and the new 2020 SOC both effectively refer to the same role

Thanks Zimba for clarifying this.

I wasn’t sure which one to put down as the previous code for my profession is now associated with a different profession.

[Mabincredible]

Hello,

This is in relation to the initial question I had regarding the employment letter. I am hoping to seek some further clarification.

Below are two required documents among the list I am asked to provide:

1. Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for X

2. A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay as a Tier 2 migrant confirming that you are:

• still required for the employment in question for the foreseeable future, and in the case of Tier 2 (General), Tier 2 (Sports Person) and Tier 2 (Intra Company Transfer) migrants this document should also contain:

• the nearest applicable SOC code which best describes your employment

• your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and

• confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors. (See note 8 below)

• if you are currently on maternity, paternity, shared parental or adoption leave, confirmation of the date this started, your salary immediately before the leave, and what your salary will be on your return.

The letter I received from the HR is as following:

"This letter confirms that X is employed by Y as a Z under the SOC code xxxx at (location). He has been employed from (date) until present with annual salary of (amount), which meets the minimum sponsorship
requirement.

X is under the Health Board’s sponsorship and still required in post to work for the foreseeable future, and therefore works full time on a permanent contract. This would equate to 37.50 hours per week (this will include any annual leave, public holiday, sick leave and special leave). X is entitled to 277.5 hours annual leave per year. All leaves taken have been authorised and he has not taken any unpaid leave during his
employment.

If you require any further information please do not hesitate to contact the Workforce Directorate on (number)"

My questions are:

A. Although my current letter mentions my annual leave, do I need to prepare a separate letter detailing the paid annual leave period, or does my current letter sufficiently cover 1 and 2 and is okay to be submitted as one single letter? Apologies if this was already answered. I was not aware that document 1 and 2 would be listed as two separate ones and wanted to make sure.

B. I am currently on Skilled Worker (Health and Care) visa. Have I made any mistake for the form to mention in 2 that "your last permission to stay as a Tier 2 migrant confirming that..."

C. Approximately how long do people tend to wait for a biometrics apt from the date of submission.

Sorry for the long post and thanks for the help!

[Mabincredible]

Sorry I also wish to add that, based on my calculation I should be eligible to submit my application on the 2nd Sep 2024, the 28th day prior to the completion of my 5 years under tier2 and Health and care visa on 1st Oct 2024.

I received my employment letter on the 8th Aug 2024.

Instead of waiting to submit my application on 2nd Sep, would it be okay for me to submit my application anytime now, and book a biometric apt on or after 2nd Sep?

Additionally, does everyone need to attend the biometrics for their ilr application? I was not instructed to attend one for my current health and care visa from 2023, so just wanted to make sure I don’t submit my ilr application earlier than 2nd Sep and then not needing to attend a biometric apt.

Thanks for all your help!

[zimba]

The link above details all needed for an employer letter as the document list is not accurate and has lots of leftovers from Tier 2 days. Given you have now been advised several times on the same issue, I think it makes no sense to repeat those again.

You must book and attend the biometrics appointment. The availability depends on the location chosen and what is offered by the UKVCAS.

Also read: Applicants can benefit from the date of the ILR decision

[Mabincredible]

The link above details all needed for an employer letter as the document list is not accurate and has lots of leftovers from Tier 2 days. Given you have now been advised several times on the same issue, I think it makes no sense to repeat those again.

You must book and attend the biometrics appointment. The availability depends on the location chosen and what is offered by the UKVCAS.

Also read: Applicants can benefit from the date of the ILR decision

Thank you, Zimba. The confusion stemmed from not realising the document list might be outdated, but the details regarding the employment letter are now perfectly clear. I appreciate your help with that!

I’ve checked the link you provided and understand that I can submit my application now, even if it’s outside of the 28-day window, as long as I book a biometrics appointment within 28 days of my 5-year mark. My uncertainty arose from a different thread mentioning that the application date is based on the submission date, not the biometrics appointment.

Could you please advise if it’s reasonable to assume that the submission date is not crucial (e.g., in cases where an application is varied), as long as the approval date falls within the 28 days before the 5-year mark? Given that the application won’t be processed before the biometrics appointment, is it possible to submit the application earlier than 28 days before the 5-year mark, provided that the biometrics appointment is scheduled within the 28-day period before the 5-year mark?

Sorry if you’ve been asked many times regarding this matter and thanks a million for all your insight!

[zimba]

Yes, it is possible and I provided a detailed answer to this in that link. The date of application or your biometrics do NOT matter much as the date of the ILR decision is the date that is most beneficial to you.

[Mabincredible]

Thanks that’s helpful.

The most recent payslip I have is from July, and the August one won’t be produced till the end of August. If I submit my application now and aim to book a biometrics after 2nd Sep, would it be okay for me to wait to upload my August payslip once it’s produced?

Thanks again for the help!

[zimba]

All the evidence must be dated before the date of application.

[Mabincredible]

Thanks. When it comes to such applications, I love it when the instructions are clearly black and white

Apologies if this was covered previously. If I submit my application today and provide the July payslip, clearly it would be outside of the 28 days window prior to my five-year mark. Therefore, is the rule:

1. all documents should be dated within 28 days of the application

or

2. all documents should be dated within 28 days of the 5 year mark in my circumstances?

I am conscious that should I submit my application now, the dates on my documents would be over 45 days long at least by the time my application is to be processed hopefully sometime in Sep.

[CR001]

1. all documents should be dated within 28 days of the application

It is THIS one, ie date of application!!

Your date of biometrics appt with a third party agency is irrelevant to this.

[vinny]

How did you sort out the cancellation issues?