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enquiry on absences for ILR

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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faran.bajwa
Newly Registered
Posts: 18
Joined: Fri Sep 14, 2012 10:59 pm

enquiry on absences for ILR

Post by faran.bajwa » Sat May 04, 2013 11:10 am

Hi I have to apply for ILR in few months. I have about 150 days absences in past 5 years and all are my annual leaves and fully paid. I have been in full time employment for last 5 years and on Tier 1 General visa.

Do I still need letter from employer to confirm these absences and annual leaves? Please advise.

I have another question on the form Set(o).
It asks to fill in dates of paternity leave. I got 2 weeks of fully paid paternity leave. So should I fill in this detail and provide letter from employer about this leave?

Thanks in advance.

Faran

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Post by onabanjo » Sun May 05, 2013 9:27 pm

My employer refused to give me letter for my absence from UK. I had 32 days throughout the 5years. The maximum days allowed according to the new rule is 180days per year.

However, I spoke with my lawyer who accompanied me on the of my interview on 17th april. He told me the rule is srictly applied to those who exceeds the 180 days threshold, so i submitted my application without employer letter or personal letter on the said date and no queries and No question relating to the absence or any other issue.

To answer your question,even if anyone suggests to you that you should not bother about the letter,you wont feel confident with yourself and i understand for obvious reason if that happens .

I will suggest you ask for the letter from your employer.However, if you are not given or unable to collect it for whatever reason,do the following

I, Write a personal letter regarding the absence explaining the purpose of your absence
2, Ensure all your approved Holiday forms from your employer are attached to the letter
3. Also, attached the Pay slips that relate to the paid holiday.

Regarding the paternity leave, I think the Form SET(O) relates to maternity leave NOT paternity, no so sure about this. Some others may comment about that.


Best of Luck
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Post by onabanjo » Sun May 05, 2013 9:31 pm

My employer refused to give me letter for my absence from UK. I had 32 days throughout the 5years. The maximum days allowed according to the new rule is 180days per year.

However, I spoke with my lawyer who accompanied me on the of my interview on 17th april. He told me the rule is srictly applied to those who exceeds the 180 days threshold, so i submitted my application without employer letter or personal letter on the said date and no queries and No question relating to the absence or any other issue.

To answer your question,even if anyone suggests to you that you should not bother about the letter,you wont feel confident with yourself and i understand for obvious reason if that happens .

I will suggest you ask for the letter from your employer.However, if you are not given or unable to collect it for whatever reason,do the following

I, Write a personal letter regarding the absence explaining the purpose of your absence
2, Ensure all your approved Holiday forms from your employer are attached to the letter
3. Also, attached the Pay slips that relate to the paid holiday.

Regarding the paternity leave, I think the Form SET(O) relates to maternity leave NOT paternity, no so sure about this. Some others may comment about that.


Best of Luck
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

valeed.naim2
Member
Posts: 119
Joined: Thu Apr 18, 2013 12:04 pm

Post by valeed.naim2 » Mon May 06, 2013 12:20 pm

Hello,

I am going to apply ILR in 5 year Tier 1 (G) router and never been on work permit. I make the five trip to my home country and longest trip was 52 days. Total absences in 5 years are 125 days which is below than 180 days.

Please comments Did I still need the employer letter and can anyone guide me about the draft on the letter. Thanks,

valeed.naim2
Member
Posts: 119
Joined: Thu Apr 18, 2013 12:04 pm

Post by valeed.naim2 » Mon May 06, 2013 12:22 pm

valeed.naim2 wrote:Hello,

I am going to apply ILR in 5 year Tier 1 (G) router and never been on work permit. I make the five trip to my home country and longest trip was 52 days. Total absences in 5 years are 125 days which is below than 180 days.

Please comments Did I still need the employer letter and can anyone guide me about the draft on the letter. Thanks,
During longest holidays I called the two weeks SICK holidays which was paid.

GenX
Junior Member
Posts: 66
Joined: Thu Feb 28, 2013 8:55 pm

Post by GenX » Mon May 06, 2013 12:52 pm

onabanjo wrote:My employer refused to give me letter for my absence from UK. I had 32 days throughout the 5years. The maximum days allowed according to the new rule is 180days per year.

However, I spoke with my lawyer who accompanied me on the of my interview on 17th april. He told me the rule is srictly applied to those who exceeds the 180 days threshold, so i submitted my application without employer letter or personal letter on the said date and no queries and No question relating to the absence or any other issue.

To answer your question,even if anyone suggests to you that you should not bother about the letter,you wont feel confident with yourself and i understand for obvious reason if that happens .

I will suggest you ask for the letter from your employer.However, if you are not given or unable to collect it for whatever reason,do the following

I, Write a personal letter regarding the absence explaining the purpose of your absence
2, Ensure all your approved Holiday forms from your employer are attached to the letter
3. Also, attached the Pay slips that relate to the paid holiday.

Regarding the paternity leave, I think the Form SET(O) relates to maternity leave NOT paternity, no so sure about this. Some others may comment about that.


Best of Luck
Hionabanjo, can you please tell me what did you filled in this section if you did not provide any absence letter.


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
Other

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Post by onabanjo » Mon May 06, 2013 11:05 pm

GenX wrote:
onabanjo wrote:My employer refused to give me letter for my absence from UK. I had 32 days throughout the 5years. The maximum days allowed according to the new rule is 180days per year.

However, I spoke with my lawyer who accompanied me on the of my interview on 17th april. He told me the rule is srictly applied to those who exceeds the 180 days threshold, so i submitted my application without employer letter or personal letter on the said date and no queries and No question relating to the absence or any other issue.

To answer your question,even if anyone suggests to you that you should not bother about the letter,you wont feel confident with yourself and i understand for obvious reason if that happens .

I will suggest you ask for the letter from your employer.However, if you are not given or unable to collect it for whatever reason,do the following

I, Write a personal letter regarding the absence explaining the purpose of your absence
2, Ensure all your approved Holiday forms from your employer are attached to the letter
3. Also, attached the Pay slips that relate to the paid holiday.

Regarding the paternity leave, I think the Form SET(O) relates to maternity leave NOT paternity, no so sure about this. Some others may comment about that.


Best of Luck
Hionabanjo, can you please tell me what did you filled in this section if you did not provide any absence letter.


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
Other

When my employer refused to give me a letter, i wrote a personal letter ,collate all my approved holiday forms and pay slips that related to the paid holiday.I completed the form SET(O) .Under section 6.3, i ticked the letter from applicant detailing reasons for absence due to compelling or compassionate reasons.

I went to my lawyer with all my documents and the SET(O) form. Then i informed him about what i have done regarding the absence because my employer refused to provide one in line with the NEW rule.
He looked at me that i should have asked him before going to my employer and writing the letter. Then he opened his drawer and brought out a tipex and cancelled the box i had ticked . He collected the letter regarding the absence, detached the approved holiday forms and the pay slips and tore ithe letter (He gave me back the holiday forms and payslips)

Thereafter said the NEW rule is strictly meant for those that exceed the 180 days absence per year and he said I wasnt going to tick the box nor provide any evidence and i did not. The total absence days were 32 throughout the 5years .No single question reagrding the absence nor any other issue was asked.

Please, If you dont feel confident or doudtful about this, please do as your mind directs.

BEST OF LUCK
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

GenX
Junior Member
Posts: 66
Joined: Thu Feb 28, 2013 8:55 pm

Post by GenX » Tue May 07, 2013 7:46 pm

onabanjo wrote:
GenX wrote:
onabanjo wrote:My employer refused to give me letter for my absence from UK. I had 32 days throughout the 5years. The maximum days allowed according to the new rule is 180days per year.

However, I spoke with my lawyer who accompanied me on the of my interview on 17th april. He told me the rule is srictly applied to those who exceeds the 180 days threshold, so i submitted my application without employer letter or personal letter on the said date and no queries and No question relating to the absence or any other issue.

To answer your question,even if anyone suggests to you that you should not bother about the letter,you wont feel confident with yourself and i understand for obvious reason if that happens .

I will suggest you ask for the letter from your employer.However, if you are not given or unable to collect it for whatever reason,do the following

I, Write a personal letter regarding the absence explaining the purpose of your absence
2, Ensure all your approved Holiday forms from your employer are attached to the letter
3. Also, attached the Pay slips that relate to the paid holiday.

Regarding the paternity leave, I think the Form SET(O) relates to maternity leave NOT paternity, no so sure about this. Some others may comment about that.


Best of Luck
Hionabanjo, can you please tell me what did you filled in this section if you did not provide any absence letter.


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
Other

When my employer refused to give me a letter, i wrote a personal letter ,collate all my approved holiday forms and pay slips that related to the paid holiday.I completed the form SET(O) .Under section 6.3, i ticked the letter from applicant detailing reasons for absence due to compelling or compassionate reasons.

I went to my lawyer with all my documents and the SET(O) form. Then i informed him about what i have done regarding the absence because my employer refused to provide one in line with the NEW rule.
He looked at me that i should have asked him before going to my employer and writing the letter. Then he opened his drawer and brought out a tipex and cancelled the box i had ticked . He collected the letter regarding the absence, detached the approved holiday forms and the pay slips and tore ithe letter (He gave me back the holiday forms and payslips)

Thereafter said the NEW rule is strictly meant for those that exceed the 180 days absence per year and he said I wasnt going to tick the box nor provide any evidence and i did not. The total absence days were 32 throughout the 5years .No single question reagrding the absence nor any other issue was asked.

Please, If you dont feel confident or doudtful about this, please do as your mind directs.

BEST OF LUCK
Thank you, your help is very much appreciated.

ldbright
Member
Posts: 202
Joined: Mon Jul 05, 2010 7:24 pm

Post by ldbright » Tue May 07, 2013 10:58 pm

onabanjo wrote:
GenX wrote:
onabanjo wrote:My employer refused to give me letter for my absence from UK. I had 32 days throughout the 5years. The maximum days allowed according to the new rule is 180days per year.

However, I spoke with my lawyer who accompanied me on the of my interview on 17th april. He told me the rule is srictly applied to those who exceeds the 180 days threshold, so i submitted my application without employer letter or personal letter on the said date and no queries and No question relating to the absence or any other issue.

To answer your question,even if anyone suggests to you that you should not bother about the letter,you wont feel confident with yourself and i understand for obvious reason if that happens .

Thank you, this is so helpful, do you mind share your lawyer's detail please?
You can pm if you want. Many thanks.



I will suggest you ask for the letter from your employer.However, if you are not given or unable to collect it for whatever reason,do the following

I, Write a personal letter regarding the absence explaining the purpose of your absence
2, Ensure all your approved Holiday forms from your employer are attached to the letter
3. Also, attached the Pay slips that relate to the paid holiday.

Regarding the paternity leave, I think the Form SET(O) relates to maternity leave NOT paternity, no so sure about this. Some others may comment about that.


Best of Luck
Hionabanjo, can you please tell me what did you filled in this section if you did not provide any absence letter.


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
Other

When my employer refused to give me a letter, i wrote a personal letter ,collate all my approved holiday forms and pay slips that related to the paid holiday.I completed the form SET(O) .Under section 6.3, i ticked the letter from applicant detailing reasons for absence due to compelling or compassionate reasons.

I went to my lawyer with all my documents and the SET(O) form. Then i informed him about what i have done regarding the absence because my employer refused to provide one in line with the NEW rule.
He looked at me that i should have asked him before going to my employer and writing the letter. Then he opened his drawer and brought out a tipex and cancelled the box i had ticked . He collected the letter regarding the absence, detached the approved holiday forms and the pay slips and tore ithe letter (He gave me back the holiday forms and payslips)

Thereafter said the NEW rule is strictly meant for those that exceed the 180 days absence per year and he said I wasnt going to tick the box nor provide any evidence and i did not. The total absence days were 32 throughout the 5years .No single question reagrding the absence nor any other issue was asked.

Please, If you dont feel confident or doudtful about this, please do as your mind directs.

BEST OF LUCK

Anumfaran
Newly Registered
Posts: 9
Joined: Fri May 03, 2013 8:05 pm

No response from admin

Post by Anumfaran » Wed May 08, 2013 6:58 pm

Thanks Guys

I was also expecting a response from admin, but they did not respond. Hope the forum is still helping people out.

Thanks

F

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