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Query On New Set O Form -Fairly Urgent


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#1 bmwuk2011

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Posted 16 December 2012 - 12:09 PM

Hi,
I am a WP holder applying for ILR this week in Person.
With the change in Set O form and it's guidance I notice the below
"Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided."
Does this then mean a letter from the employer is mandatory?
If this is the case, I don't think there is a specific format for this letter but then I have drafted the below letter displaying only working days as I obviously was away from UK for 70 odd days during Dec 10-Jan 11. Breaking it down as working days looks more appropriate I think?- Comments Welcome....


Dear Sirs
Subject: Application for Indefinite Leave to Remain
This is to confirm that Mr ABC is currently employed by XXX in the UK as a full time Permanent employee as a XXX
The following were Mr ABC’s absences away from the UK on holidays –The absences were in-line with his annual leave entitlement and he was in continuous employment receiving his full salary during these periods.
sr. From To No. of Working days
1 08/02/2008 21/02/2008 9
2 30/12/2008 06/01/2009 5
3 26/11/2009 11/12/2009 11
4 06/12/2010 31/12/2010 19
5 04/01/2011 16/02/2011 31
6 13/08/2012 07/09/2012 19
Total 94


Thanks in advance



#2 wombat

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Posted 17 December 2012 - 09:17 AM

I think the format above will do as any other produced and signed by employer. Thought I do find it ridiculous asking to submit documentary evidence of all absences from the UK.
1. There are two 6.3 sections in updated SET(O) form, seems like they just stick it without any sequence.
2. Section 6.2 asking for evidence of all work-related absences. Then 1st 6.3 section asking for evidence to support the reasons for all absences from the UK...then again back to work related (Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK?)
3. Does permitted employment categories in section 6.2 include work permit holders at all?

I think that HO has their reason to stick those updates. However, as HO is so overloaded the update is raw, just to make it in time before New Year and confuse people applying for ILR before the next update.

The other update regarding Personal history, particular section 7.3, could someone clarify what is regarded as civil penalty under the UK Immigration Acts? Does it include fines issued by Transport Police?

Also, section 7.11 - How long have you lived in the UK? Does this cover the whole period of presence in UK or this refers to the date of first entry into the UK at the beginning of the period of stay on which ILR application is based?

Good luck with your application and let us know how the result

#3 Gentleman of Leisure

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Posted 17 December 2012 - 09:31 AM

Though I do find it ridiculous asking to submit documentary evidence of all absences from the UK.


Recent rule changes have significantly extended the amount of time a migrant may remain outside the UK but that has to be in accordance with his work requirements. That is why you are being asked for evidence of all absence. Otherwise, without this evidence, the absence may be considered as unrelated to work and, beyond a nominal period for annual vacations, may not be permitted.

#4 wombat

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Posted 17 December 2012 - 09:45 AM

I do understand this, but in case applicant do not have any work-related absences, just personal holiday overseas within holiday allowance. Applicant still have to present employer letter to explain the overseas absence for the last 5 years and if not, there could be the reason for refusal???

So, when I went to France on Bank Holiday weekend 4 years ago what documentary evidence shall I submit?

Edited by wombat, 17 December 2012 - 09:46 AM.


#5 bmwuk2011

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Posted 17 December 2012 - 09:59 AM

Thanks all - I am taking a letter in case given that my appointment is this week and I'm not really takikng chances.

i have made amendements to the letter as below and my boss is happy to approve this albeit she is surprised that a/l require justification - Moderators or senior member can you comment this letter wil now meet the new requrirement from UKBA?

Thanks again !

This is to confirm that Mr ABC is currently employed by XYZ in the UK as a full time Permanent employee as a xxxxx
The following are Mr ABC’s absences away from the UK since commencement of his role as a Work Permit holder. All these absences were in-line with his paid annual leave entitlement and he was in continuous employment receiving his full salary in UK during these periods.

Sr. No


From (Start Date)


To (End date)


Number of Calendar Days


Number of Working days


Reason for Absence


1


08/02/2008


21/02/2008


14


9


Holiday


2


28/12/2008


06/01/2009


10


5


Holiday


3


26/11/2009


12/12/2009


17


11


Holiday


4


06/12/2010


16/02/2011


73


50


Holiday


5


11/08/2012


08/09/2012


29


19


Holiday




Total


143


94




Should you require any further information, please do not hesitate to contact me.

#6 wombat

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Posted 03 January 2013 - 11:24 AM


Hi bmwuk2011, how was the appointment and did you have to present the letter from the employer with all days of absence?




Thanks


#7 mudee

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Posted 16 February 2013 - 11:25 PM

Hi ,

I am on tier 1 general for last 4 years and 4 months and was on workperit before for 8 months. I am not sure if i need to fill below question. Your help will be much appreciated. Do i need to provide evidence for period i was outside UK ? I was outside uk for about 50 days altogether and was not more than 4 weeks at same time.


I am confused about 6.3 do i need to fill and provide evidence ?



Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 2 (Intra-Company Transfer);Tier 2 (General); Tier 2 (Minister of religion); Tier 2
(Sportsperson); Tier 5 International Agreement, and permitted employment categories - except Highly
Skilled Migrants.
Evidence of absence due to compelling or compassionate reasons is also required from all of the above
categories, and those applying under the Tier 1 (General); Business person; Self-employed person;
Investor; Innovator; Writer; Composer, and Artist categories.
6.3 What evidence has been provided to support the reasons for all absences from the UK?
Letter(s) from employer(s) detailing reasons for work-related absences including
periods of paid annual leave from the UK?
Letter from applicant detailing reasons for absence due to compelling or compassionate reasons
Original official documents: (medical/birth/death certificate(s))
Letter from travel companies to evidence disruption to travel

#8 Victoria

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Posted 18 February 2013 - 08:25 AM

Yes.

#9 kookamunga

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Posted 26 May 2013 - 05:54 PM

Hi All,

I am applying for ILR (O) having been on Tier 1 (General) for the last 5 years. I have been on a few business trips over the last few years, but I don't come near 180 days outside of the UK, even when you add in my holidays I've taken during the 5 years.

Do I still need a letter from my employer stating the dates I was on business trips and/or on annual leave?

Or would you recommend that I get a letter just in case?

If I do need a letter, what information should I ask my employer to include in the letter?

Thanks!

#10 kookamunga

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Posted 26 May 2013 - 05:54 PM

Hi All,

I am applying for ILR (O) having been on Tier 1 (General) for the last 5 years. I have been on a few business trips over the last few years, but I don't come near 180 days outside of the UK, even when you add in my holidays I've taken during the 5 years.

Do I still need a letter from my employer stating the dates I was on business trips and/or on annual leave?

Or would you recommend that I get a letter just in case?

If I do need a letter, what information should I ask my employer to include in the letter?

Thanks!




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