Tier 2 G to ILR - Exceeding 30 days absences in a 12 month period

[arv100]

Hi All

Need your feedback, please.

I am on Tier 2 General visa in my 5th year and will be applying for my ILR next month. Initial T2G visa was granted on 20 May 2013. I have a query related to Continuous leave and absences,. I have provided my travel summary below and in total, I was out of the country for 131 days(5 years). In the year 2016 alone, I was away for 49 days in one single trip and in total (75 days for the entire year (2016).

Out of the 49 days, I worked from home for close to 3 weeks and was off for rest of the days. I carried forward holidays from the previous year (2015), had Days in lieu etc so the plan was agreed with my line manager well in advance.

During this time, I was paid fully and my employer is happy to provide a letter acknowledging this absence. Do I need to provide any other specific evidence? Reason for my question is because of this document - Page 10 section - Interim caseworker action – missing evidence

https://assets.publishing.service.gov.u ... 6.0EXT.PDF

T2G Granted - 20- May-2013
Entry - 09-Jun-2013
Travel Summary

30-Jan-14 16-Feb-14 Holiday - 16
06-Mar-14 15-Mar-14 Holiday - 8
16-Jul-15 19-Jul-15 Holiday - 2
24-Oct-15 15-Nov-15 Holiday - 21
20-Jan-16 10-Mar-16 Holiday - 49
07-Jun-16 16-Jun-16 Holiday - 8
22-Sep-16 26-Sep-16 Holiday - 3
29-Nov-16 15-Dec-16 Holiday - 15
26-Apr-17 03-May-17 Holiday - 6
05-Oct-17 09-Oct-17 Holiday - 3
31-Mar-18 02-Apr-18 Holiday - 1

Thanks

[zimba]

With an employer letter you should be fine

[arv100]

Thanks Zimba88.

[arv100]

Hi Zimba / All

Sorry, i have one more query on this same subject. Should I ask my employer to explain why I was out for 49 days in a single trip? Is that required?

Or Should I just keep it simple, and provide the employer letter with all my travel days.

Normally, annual leaves are 30 or 35 days in the UK but I have spent 75 days outside for the year 2016. That's why i am bit worried.. Will Case officer question this? Just wondering if I need to provide any additional evidence.

Any suggestions.

Many thanks for your help.

[Djsuccess]

Hi Zimba / All

Sorry, i have one more query on this same subject. Should I ask my employer to explain why I was out for 49 days in a single trip? Is that required?

Or Should I just keep it simple, and provide the employer letter with all my travel days.

Normally, annual leaves are 30 or 35 days in the UK but I have spent 75 days outside for the year 2016. That's why i am bit worried.. Will Case officer question this? Just wondering if I need to provide any additional evidence.

Any suggestions.

Many thanks for your help.

Your sponsor should be able to confirm all your absences including once spent on a personal trip as long as it is a paid annual leave. There is no need for lengthy explanations, your sponsor just needs to specify it is a paid annual leave with a comment showing how your accumulated annual leave was carried over to the new year.

[arv100]

Thanks Dj.

[bcilr18]

I am in similar situation and got 55 days in a 12 month period even though they are split between 2 separate years. They consider any 12 month period. I am applying next month too as a premium. If you have any questions or want to discuss about any other queries, you can PM me.

Thanks

[CR001]

I am in similar situation and got 55 days in a 12 month period even though they are split between 2 separate years. They consider any 12 month period. I am applying next month too as a premium. If you have any questions or want to discuss about any other queries, you can PM me.

Thanks

You don't have access to the privilege of the PM function.

Members are reminded to post in public so that all may benefit and contribute.

[cyclina1]

49 days is not the matter and your explanation is sufficient and valid. Just need your employer letter and explain this is work from home plus paid leave are fine.

[GMO]

Hi cyclina1,
Is it ok to mention that Annual holiday+ work from home (paid) on the reason of absence field of the table in "Absence letter" or need a separate letter with explanation regarding work for home!!..really confused about that. Please help us!

49 days is not the matter and your explanation is sufficient and valid. Just need your employer letter and explain this is work from home plus paid leave are fine.

[cyclina1]

Do both of them has no harm. For that 49 days, in your employer letter state how many days work from home, how many days are paid leaves in that 49 days is ok.no need to worried too much.

[Djsuccess]

Hi cyclina1,
Is it ok to mention that Annual holiday+ work from home (paid) on the reason of absence field of the table in "Absence letter" or need a separate letter with explanation regarding work for home!!..really confused about that. Please help us!

49 days is not the matter and your explanation is sufficient and valid. Just need your employer letter and explain this is work from home plus paid leave are fine.

If you are using the table format for the absence letter, instead of putting the whole 49 days as holiday, you can split it into two: the working from home part and the paid holiday part.

[GMO]

Thank you very much for the suggestion. Appreciated.

[GMO]

I hope stating working form home wont create any issue..cause i worked form home hardly 2 weeks in 2015 and 1.5 weeks in 2018 ! But if i stated as business trip...then is would be any good or it will make it complex

Hi cyclina1,
Is it ok to mention that Annual holiday+ work from home (paid) on the reason of absence field of the table in "Absence letter" or need a separate letter with explanation regarding work for home!!..really confused about that. Please help us!

49 days is not the matter and your explanation is sufficient and valid. Just need your employer letter and explain this is work from home plus paid leave are fine.

If you are using the table format for the absence letter, instead of putting the whole 49 days as holiday, you can split it into two: the working from home part and the paid holiday part.

[Djsuccess]

I hope stating working form home wont create any issue..cause i worked form home hardly 2 weeks in 2015 and 1.5 weeks in 2018 ! But if i stated as business trip...then is would be any good or it will make it complex

Hi cyclina1,
Is it ok to mention that Annual holiday+ work from home (paid) on the reason of absence field of the table in "Absence letter" or need a separate letter with explanation regarding work for home!!..really confused about that. Please help us!

49 days is not the matter and your explanation is sufficient and valid. Just need your employer letter and explain this is work from home plus paid leave are fine.

If you are using the table format for the absence letter, instead of putting the whole 49 days as holiday, you can split it into two: the working from home part and the paid holiday part.

It's not a business trip. Yes, you were out of the country but you were allowed to work remotely and got paid for the period before you started your annual leave. It's up to you and your sponsor the term you prefer to use. Working remotely or working from home but I don't think you should call it a business trip as it could be taken as deception.

[GMO]

Thanks for the explanation. I would keep it like Work Remotely ( Paid) on a separate row on the table. As i took the annual leave 4 weeks 1st and then took extra 1/2 weeks where I worked from home.

In 2016 I took 3 weeks annual leave back home and then I came to UK and went to USA to visit my cousin on the same year..where i took rest of the 1-week annual leave and 2 weeks worked from there. Hope it will be fine.

Kind Regards

I hope stating working form home wont create any issue..cause i worked form home hardly 2 weeks in 2015 and 1.5 weeks in 2018 ! But if i stated as business trip...then is would be any good or it will make it complex

Hi cyclina1,
Is it ok to mention that Annual holiday+ work from home (paid) on the reason of absence field of the table in "Absence letter" or need a separate letter with explanation regarding work for home!!..really confused about that. Please help us!

If you are using the table format for the absence letter, instead of putting the whole 49 days as holiday, you can split it into two: the working from home part and the paid holiday part.

It's not a business trip. Yes, you were out of the country but you were allowed to work remotely and got paid for the period before you started your annual leave. It's up to you and your sponsor the term you prefer to use. Working remotely or working from home but I don't think you should call it a business trip as it could be taken as deception.

[Djsuccess]

[quote=GMO post_id=1621211 time=1523569878 user_id=145238]
Thanks for the explanation. I would keep it like Work Remotely ( Paid) on a separate row on the table. As i took the annual leave 4 weeks 1st and then took extra 1/2 weeks where I worked from home.

In 2016 I took 3 weeks annual leave back home and then I came to UK and went to USA to visit my cousin on the same year..where i took rest of the 1-week annual leave and 2 weeks worked from there. Hope it will be fine.

Kind Regards

[quote=Djsuccess post_id=1621190 time=1523564791 user_id=144155]

I believe you will be fine. Your sponosor just need to confirm it and sign the letter of absence. your HMRC record for those periods will show that you got your full salary so it will be easy for UKVI to confirm that part of the absences was paid annual leave and the rest working remotely. No need to worry so much about it.

[GMO]

Thanks

[bcilr18]

hi

arv100 and GMO - have you both got your ILRs now? Please share your experience and was the employment letter stating annual leave sufficient? Or did you add any additional documents to support those absences?

thanks

[bcilr18]

I have been authorized paid annual leaves. The longest was 55 days - split in 2 years. Since holidays are now counted on a rolling basis I now have 76 paid holidays. Employer authorised this on the letter. However my reason for the 55 days is that my mother was ill and I can provide a medical certificate too.

Is it fine to just submit the employment letter with the paid annual leaves or should I submit the medical certificate as well to support the long period of leaves. Total 5years holidays come to 84.

I was also thinking to write a cover letter stating the reason and attach the med certificate. Saying that although I have been absent from uk on paid annual leave, it is because of my mother's ill health that I was away and have used my accumulated paid annual leaves to visit her. And mention that this is one of the reasons to apply at premium centre to visit my mother in near future for any unforeseen circumstances.

What do you think?

Thanks

[Djsuccess]

I have been authorized paid annual leaves. The longest was 55 days - split in 2 years. Since holidays are now counted on a rolling basis I now have 76 paid holidays. Employer authorised this on the letter. However my reason for the 55 days is that my mother was ill and I can provide a medical certificate too.

Is it fine to just submit the employment letter with the paid annual leaves or should I submit the medical certificate as well to support the long period of leaves. Total 5years holidays come to 84.

I was also thinking to write a cover letter stating the reason and attach the med certificate. Saying that although I have been absent from uk on paid annual leave, it is because of my mother's ill health that I was away and have used my accumulated paid annual leaves to visit her. And mention that this is one of the reasons to apply at premium centre to visit my mother in near future for any unforeseen circumstances.

What do you think?

Thanks

All you need is a letter from your sponsor confirming all your absences paid or unpaid. If you like, you can add a cover letter stating the reason for the unpaid leave (with evidence).The total number of your absences is far from 180 days / year, so I think you should be fine.

[KenBossini]

I have been authorized paid annual leaves. The longest was 55 days - split in 2 years. Since holidays are now counted on a rolling basis I now have 76 paid holidays. Employer authorised this on the letter. However my reason for the 55 days is that my mother was ill and I can provide a medical certificate too.

Is it fine to just submit the employment letter with the paid annual leaves or should I submit the medical certificate as well to support the long period of leaves. Total 5years holidays come to 84.

I was also thinking to write a cover letter stating the reason and attach the med certificate. Saying that although I have been absent from uk on paid annual leave, it is because of my mother's ill health that I was away and have used my accumulated paid annual leaves to visit her. And mention that this is one of the reasons to apply at premium centre to visit my mother in near future for any unforeseen circumstances.

What do you think?

Thanks

You should be fine. No need of cover letter from yourself.

K.

[sparkyram]

I don't think you have an issue here. Because all the leaves are authorized and paid. and you are also getting letter from the employer. you should be fine with employer letter alone.

[bcilr18]

Yes, it was fine. I just gave the emp letter for that. Application is valid.

[Coache]

Hi bcilr18, any good news regarding your absence letter and ILR?
I got just similar issue with you guys,
My company follows the UK financial ear for their annual leave, in March 2017 I took 22days (15workinh days ) paid leave, Then in February2018 which is after 11 months and few days, I was given 42days (30 working days).

So if you notice the gap between my first leave and the second leave was 11 months which is less than 12 months period but these are Purley two separate leaves in two different financial years

So the letter my employer is to provide I wondering if they should explain more in details or if I am OK to just submit it without much explanation ?