5 replies to this topic

[bmwuk2011]

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

[wombat]

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

[Gentleman of Leisure]

wombat, on 17 December 2012 - 09:17 AM, said:

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.

[wombat]

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.

[bmwuk2011]

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.

[wombat]

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



Thanks