TIER 2 TO ILR ABSENCE LETTER CLARIFICATION

[dollypee]

i have read a few post on here about absence letter from previous and current employers. My understanding (from home office document) is  that this is only needed if one spent more than 180days outside UK.  For paid annual leave spent within or outside UK, provided its the usual 25 or 28days (depending on the company), i believe one does not need any letter from employers. Can someone please shed light on this as what i am gathering is people are adding letters to their applications nothwithstanding.

[GMO]

You must need an absence letter( all absences outside UK in last 5 years) and a letter stating that you required for future.

[dollypee]

Thanks for your reply but could you please point me to where this is stated in the document as what i read only says letter is needed if you soend over 180days

[CR001]

Thanks for your reply but could you please point me to where this is stated in the document as what i read only says letter is needed if you soend over 180days

Immigration Rules and the guidance notes?? Your assumption is incorrect re spending over 180 days absent as this would make you ineligible for ILR if absence is more than 180 days per 12 month cycle.

https://www.gov.uk/guidance/immigration ... sed-system

245HF (h)

(h) The applicant must provide the specified documents in paragraph 245HH as evidence of the salary in (c)(ii)(2) or (3) above and the reasons for the absences set out in paragraph 245AAA.

[dollypee]

oh thanks, i mixed things up in my head. you are very correct regarding the 180days. i was actually concerned about the need for a letter from company if the absence isnt related to work. i have read the doc you attached specifically everything under 245 and my understanding still remains that one does not need letter unless it was related to work. however, i will still add this just to be safe. thanks for taking your time to reply. much appreciated

[dollypee]

May i also please ask if the qualifying period for 5years been referred to in tier 2 to ILR application can be:

a. you have spent a total of 5years from the time you were first issued a tier 2 visa till now

b. eligible to apply anyday from 28days before the end date on your BRP

The premium day chosen is for the former as based on calculation, 5years has been spent on tier 2 but its definitely more than 28days before the date showing on BRP card

[CR001]

You can apply no sooner than within 28 days before you qualify counting from the date your tier 2 general visa started OR anytime after that but before your current visa expires.

[dollypee]

You can apply no sooner than within 28 days before you qualify counting from the date your tier 2 general visa started OR anytime after that but before your current visa expires.

thank you for your reply. i believe we are in order based on what you quoted. Below are the dates

BRP CARD DATES
start date: 03/10/2013
end date:   04/01/2017
start date: 20/10/2015
end date:   09/11/2018

Based on this, the 5th year mark will be 3th of october 2013. Premium application has been booked for 18th of September which falls within 28days before we qualify. I hope my calculation is right. we dont want to risk refusal.

i also hope 2weeks absence from the UK(paid leave for holiday purpose) wont affect or impact on rhw qualifying period. Absence letter from empolyer will be added though

[dollypee]

Thanks CR001 and GMO for your comments and the links you sent to help clarify my questions. ILR premium application was approved today.

Thanks alot

[GMO]

Thanks CR001 and GMO for your comments and the links you sent to help clarify my questions. ILR premium application was approved today.

Thanks alot

Congrats Please share your experience on the premium service centre and the list of document you submitted along with your application. That will really help many of us.

Regards.

[dollypee]

oh.....just seeing your reply. documents submitted were:

1. Letter from previous employer saying holidays were paid holidays

2. Letter from current employer stating: salary, applicant will still be required for the foreseable future, holidays were paid holidays

3. Current account bank statement showing salaries for the last few months

4. payslip

5. Life in the uk result

6. Proof of english- Masters degree certificate

Well those were the ones i can recall at the moment.

[vinny]

Now, your UK-born child is entitled to register as a British citizen, irrespective of their ridiculous refusal.

Did you resolve their refusal with your UK born child?

Please post details in your other topic!