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Evidence for holiday absence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Middo79
Newly Registered
Posts: 4
Joined: Thu Jan 17, 2013 4:10 pm
Location: London

Evidence for holiday absence

Post by Middo79 » Thu Jan 17, 2013 4:35 pm

Hi - I am making myself anxious worrying about the new requirements for evidence of absences.

Briefly, my background:
Work permit Dec 05 to Jan 08, Tier 1 (General) since (renewed Jan 10).
ILR PEO application next Friday, Jan 25.

I have had multiple absences, ie holidays, since Dec 05, between 24 hours and five weeks long. All of these were personal holiday.

I work as a freelancer and considered a casual employee by my company, although I work hours deemed to be full-time (often more!). I am on their payroll as a PAYE employee, so technically the leave was unpaid, but I was not 'unemployed' during these times.

What sort of evidence am I supposed to provide for holidays? My employer isn't prepared to provide a letter detailing my holidays as they don't keep records of this and I am not required to submit written requests for leave, I just make myself 'unavailable' to work.

Anyone who has been through this process can you please advise on evidence you submitted to detail your holiday absences?

Thanks

(also posted this as a question in (ILR success - solihull' thread)

feigoronin
Junior Member
Posts: 73
Joined: Thu May 08, 2008 6:07 pm

Re: Evidence for holiday absence

Post by feigoronin » Thu Jan 17, 2013 4:45 pm

Middo79 wrote:Hi - I am making myself anxious worrying about the new requirements for evidence of absences.

Briefly, my background:
Work permit Dec 05 to Jan 08, Tier 1 (General) since (renewed Jan 10).
ILR PEO application next Friday, Jan 25.

I have had multiple absences, ie holidays, since Dec 05, between 24 hours and five weeks long. All of these were personal holiday.

I work as a freelancer and considered a casual employee by my company, although I work hours deemed to be full-time (often more!). I am on their payroll as a PAYE employee, so technically the leave was unpaid, but I was not 'unemployed' during these times.

What sort of evidence am I supposed to provide for holidays? My employer isn't prepared to provide a letter detailing my holidays as they don't keep records of this and I am not required to submit written requests for leave, I just make myself 'unavailable' to work.

Anyone who has been through this process can you please advise on evidence you submitted to detail your holiday absences?

Thanks

(also posted this as a question in (ILR success - solihull' thread)
Since you are on Tier-1(General) visa at present you are not supposed to provide absence letters from your employer. This is mandatory only for Tier-2 applicants. All you need from your current employer is last 12 months salary slips and a referance letter(not mandatory though). If you were never absent from UK for a total of 180 in any calendar year, there is no reason for you to be worried. My case was similar to yours(WP + Tier-1)though under rules in place in Apr 2012) and I got my ILR without any issues. Hope this helps.
Last edited by feigoronin on Fri Jan 18, 2013 10:54 am, edited 1 time in total.

Middo79
Newly Registered
Posts: 4
Joined: Thu Jan 17, 2013 4:10 pm
Location: London

Post by Middo79 » Thu Jan 17, 2013 5:23 pm

Thanks for the reassurance. I hope you're right. I've gone and done a long list of all my absences (there was a period where I was out of the country almost every weekend, exploring new European cities with friends). I don't have any evidence to share though, short of making the caseworker my facebook friend and letting them trawl through my photo albums!

nima.tabatabai
Newly Registered
Posts: 6
Joined: Wed Jan 16, 2013 8:34 pm

Post by nima.tabatabai » Fri Jan 18, 2013 10:37 am

Thank you for clarifying this, I have the same issue and could not find the answer. This is great news. I have had 4 employers and I I do not think my employer from 5 years ago even knows who I am, never mind signing a letter!

I don't know why they can't write the rules more clearly. Thank god for this forum.

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