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Hi,
I am on Tier 1 visa and my ILR is due this month end. I entered UK for first time on 30 Jan 2009. I have some doubts regarding UK absences.

Can someone please clarify my following doubts?
I have taken 5 days holiday to bring my family to UK in May 2009. I was working on a fixed term contract at the time of holiday.
The employer does not have record of this holiday. However I have the contract document will state that I can take 10 day holiday in addition to public holidays. Can I use the contract document for this purpose? or Can I give a personal letter in this situation?

I have again taken 1 month holiday in 2012. During that time I was working through my own limited company. Can you please guide me on how to deal the UK Absences while through own limited company?

Many thanks
AR

Gurus please help!!!

Guys please help !!!!

Hi, I am on Tier 1 visa and my ILR is due this month end. I entered UK for first time on 30 Jan 2009. I have some doubts regarding UK absences.

Can someone please clarify my following doubts? I have taken 5 days holiday to bring my family to UK in May 2009. I was working on a fixed term contract at the time of holiday. The employer does not have record of this holiday. However I have the contract document will state that I can take 10 day holiday in addition to public holidays. Can I use the contract document for this purpose? or Can I give a personal letter in this situation?

I have again taken 1 month holiday in 2012. During that time I was working through my own limited company. Can you please guide me on how to deal the UK Absences while through own limited company?

Many thanks AR

You just need to mention these as holiday . You don't need any cover letter for this . keep your contract document with you which you can produce if demanded which is highly unlikely. Regrading working through own limited company you must be paying salary to yourself ? If yes , just keep pay slip of that month with you . Your leaves are well under allowed limit and i wouldn't worry at all.

no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application

dk2011 wrote:You just need to mention these as holiday . You don't need any cover letter for this . keep your contract document with you which you can produce if demanded which is highly unlikely. Regrading working through own limited company you must be paying salary to yourself ? If yes , just keep pay slip of that month with you . Your leaves are well under allowed limit and i wouldn't worry at all.

Many thanks dk2011

Manka10 wrote:no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application

Many thanks Manka

Manka10 wrote:no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application

Is there any reference in the form (SET(O) in my case), the guidance notes, the law or anywhere to this rule? It certainly makes sense but from reading here I see that many people like me are unsure about whether they need a letter for their absences or not. Is there any guidance about it from UKBA?

N2012 wrote:

Manka10 wrote:no letter from employer should be required if your absences are within limit, you can prepare an absences letter yourself to submit with your application

Is there any reference in the form (SET(O) in my case), the guidance notes, the law or anywhere to this rule? It certainly makes sense but from reading here I see that many people like me are unsure about whether they need a letter for their absences or not. Is there any guidance about it from UKBA?

I never said you don't need a letter at all, for absences less than 180 days in a year you can prepare a summary of days out of UK yourself, letter from employers is not required, absences of more than 180 days in a year will only be accepted if there is a compelling and compassionate reason

Source: personal as well as other's experience not every rule can be written down in black and white

Also the letter of absences from employers rule never existed when Tier 1 came into being so no retrospective changes would be applied, more so since T1 is now closed

Manka10 wrote: I never said you don't need a letter at all, for absences less than 180 days in a year you can prepare a summary of days out of UK yourself, letter from employers is not required, absences of more than 180 days in a year will only be accepted if there is a compelling and compassionate reason

Source: personal as well as other's experience not every rule can be written down in black and white

Also the letter of absences from employers rule never existed when Tier 1 came into being so no retrospective changes would be applied, more so since T1 is now closed

Thanks, Manka10.
I was referring to an employer's letter, I will of course provide details about my absences in the form and explain in a cover letter.

I thought this was not a T1 requirement. Actually the Tier 1 guidelines are very detailed and clear about which evidence is required for each attribute and gives many possible options, which is why I wondered whether I was missing somehting regarding the ILR guidelines.

The SET(O) guidance says: "From 13th December 2012 applicants in qualifying employment categories for ILR are required to submit documentary evidence of all absences from the UK, as specified in Section 6.3 of the form". Does T1 fall under "qualifying employment categories"?

Seems like it does because section 6.3 says that "evidence of all work-related absences (including paid annual leave) is required from those applying under Tier 1". The possible options for evidence are: letter from employer, letter from applicant - but only for compelling or compassionate reasons, medical/birth documents and letter from travel companies. This suggests that the only relevant evidence for me would be letter from my employer.

These guidelines indicate that evidence is required regardless of the length of absence. I understand that according to people's experience this is not the case, but since I can't find any reference to this rule I'm thinking maybe it's better to be safe than sorry...

In any case thank you for your help!