Absences Previous Employer not exist & Absences non UK payro

[sak20099]

Hi Gurus,

My ILR is due on 04-June-2014 and i am going to apply in May i have two issues which are quite concern for me.

1) I dont have letter from my previous emplyer related to absences as the company has been taken over by another company, which was further taken by 3rd company so it is impossible to secure letter from employer , i do have some old flights tickets , are they enough? should i also need to produce self letter explaining the reason of absence of letter ?

2) During the first 6 months of my UK entracne, my absences are period alomst 4 months, mostly business relatedt, although i was working for UK company i not being paid in UK, does this break the continuity ?
also since i cannot provide the letter from previous employer due to first issue.

My total absences in any calender year are less than 180 days, for first year they are 152 max (which i calculated from the start of my first entry into UK 60 days after Visa stamped)

Appreciate any guide here

[sak20099]

Hi All,

I am on Tier1 General and going to apply for ILR in second week of May.
Finally I got letter from my previous UK employer related to the business related absences, I am still bit concerned about the first six months as during some absences I was paid oversees with UK employer so I don't have the p60 for the first year so employment history will not show my economical activity for the first year, is it going to be an issue ? As though UK employer letter is confirming I am working with them however I was not paying Tax in UK for the first year.

Appreciate any advice

[sagareva]

look, again, two different sets of issues

firstly, were you ever on HSMP? you only need to show economic activity during the time you were on HSMP. If you were always on Tier 1, as it presently stands, you do not need to provide any evidence of economic activity, you only need to show earnings for 12 months out of preceding 15. so there is no need to revisit your first year or whatever. it is helpful as many people here found, though, to bring HMRC tax summaries for at least the most recent couple of years that cover whatever income you declared in your most recent Tier 1 extension, especially if you were ever self-employed or filed self-assessment. But that is not a requirement. There is no requirement other than earnings for 12 months out of last 15.

since i imagine your first year was never a part of any extension application, you do not need to focus on it.

as it goes, you write a letter explaiining absences -- not in a cover letter, but as a separate document -- that lists all absences and your own brief explanation of what it was, and if it was on business or paid leave and included in employer letter say "please see letter from company XYZ", in any other circumstance - write brief explanation of whatever family circumstances have caused you to take that trip (eg "attended a sister\s wedding, visited friend in a hospital, went over to sell my house|,as the case may have been).

Basically anything not covered by employer's letter, cover by your own letter of explanation. Make sure if you have to mention any periods during which you had overseas earnings, mention that you took up the job or made these earnings either in connection with your UK employment, or temporary and incidental to having been overseas in the first place for other reasons.

If any employer letters are not available, just write in your own letter that "company XYZ is now no longer trading and it is impossible to obtain a letter", again as the case may be.

since you do not exceed 180 days in any of the 12-months periods, chances are they will not scrutinize it too much. situations like yours are quite common.

[sak20099]

Thanks sagareva for the detail explanantion much appreciated
here are few details

HSMP on 4th June 2009
First Entry 08th Aug 2009
Tier 1 valid till 04 June 2014

Abences from date of application all are <180 days in a year, and for the first year i calculate it from date of entry as it is within 90 days

Period From to Total days absent year
Year 1 12-May-14 13-May-13 79
Year 2 12-May-13 13-May-12 39
Year 3 12-May-12 13-May-11 20
Year 4 12-May-11 13-May-10 132
Year 5 12-May-10 8-Aug-09 (first entry ) 140

yes i came initially on HSMP (2 years) and then got my extenion on Tier1 (3 years). I was actually working for the same UK employer as a contractor before my HSMP and after securing HSMP they offered me to relocate to UK office, however during first 6-8 months i was on doing business trips for them due to critical projects and could not get able to get paid in UK, now i already receive the absence letter from UK employer mentioning all the reaons of absences , i am only concern with not having p60 or tax paid in UK for thtat period which is from Aug 2009 till march 2010.
I do have all the p60 and employment history for the rest of the years but not for the initial period.

[sagareva]

this is a tougher one. you do need to show economic activity in the UK for the first year then, but it does not have to be P60.

the letter they gave you, does it actually refer to you being employed by them during this time? that might do. no one says you need precisely P60s ,they are just convenient. if you have a letter that says that basically you were working for them during this period, and they are a UK company, this should be evidence enough I suppose.
just in case i'd secure things like council tax statements or generally bank statements for this period just to show that you had residence here. If you are going to PEO do not even submit it but have them with you.

as for tax, technically you were under no obligation to file return listing your foreign income at the time when you did not have intention of spending 3 or more years in the UK (and you could not have possibly have had that intention with a visa initially for only 2 years). so you shan't get into trouble for that. the way people get into trouble is when income they used in Tier 1 extension does not appear on tax records, but this isn't what we are talking about here.

[sak20099]

Thanaks again


Btw if some initailly on HSMP and then on Tier1 are the rules apply differently then the person who is on Tier 1 throughout 5 years ? like economic activity of whole 5 years compare to last 12 months ?

yes the letter that they provided me mention it specially that under whole period i was working with them as contractor and it is UK company. I was actually living in hotel sponsered by company inintailly when i arrived.
Also i did not use that period/income for my Tier1 extension rather used my UK income for it.

[Sarfi]

HSPM was closed in 2009 (since July-2008); Your visa will be Tier 1 Gen definitely (no need to show economic activity etc); You looks just confused otherwise your case looks OK and you will get success.

[sak20099]

thanks Sarfi for comments and giving confidence you are right i could be just over cautious here
Regarding visa it was HSMP initially as I got it late due to my application for EC went into appeal.