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Time Abroad without valid annual leave from employer

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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Paulothedark
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Time Abroad without valid annual leave from employer

Post by Paulothedark » Sun Jun 11, 2017 5:33 pm

Hi All,
This is the first time I have used this forum so forgive me if I do not walk the walk or talk the talk! My girlfriend is attempting to apply for an ILR visa from a Tier 2 (General) visa following 5 years of employment as the appropriate salary. The claim form asks for evidence of her annual leave whilst she was abroad, her current employer have supplied this no problem, her previous employer however has provided her annual leave dates, and these miss out a trip abroad of 5 days and another of 2 days, i.e her previous employer states that she did not have valid annual leave. Her total time abroad has never been close to 30 days abroad in each year and the visa guidance states that if time abroad is less than 30 days in any year then a caseworker may choose to proceed with a case without evidence from her employer. My question really is whether she should take the letter from her previous employer and advise that she was unaware as the reason why annual leave was not booked for the two trips in question, or whether it might be better to "forget" the letter from her previous employer when applying and hope that the time abroad / annual leave is disregarded as it totals less than 30 days each year?
Any advice would be very much appreciated.

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zimba
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Re: Time Abroad without valid annual leave from employer

Post by zimba » Sun Jun 11, 2017 8:38 pm

Letter from the first employer is not required as discretion can be applied there but I do not understand what you mean by 'she did not have valid annual leave' ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Paulothedark
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Re: Time Abroad without valid annual leave from employer

Post by Paulothedark » Mon Jun 12, 2017 12:30 pm

The list of annual dates from her previous employer does not cover one week whilst abroad, maybe she forgot to book annual leave thar week or maybe the employers records are wrong.

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zimba
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Re: Time Abroad without valid annual leave from employer

Post by zimba » Mon Jun 12, 2017 12:52 pm

Given that absences are below 30 days, no need to worry much
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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