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ILR - T2 General
Posted: Wed Sep 25, 2019 4:04 am
by anub2016
Hi,
I am currently on T2 General visa and a Permanent employee for the sponsor & I'm entitled to 25 days of Paid Annual Leaves.
I am planning to visit my Home country and as such, would be travelling from UK on 28 November 2019 and arriving back to the UK on 31 December 2019. This would require 21 Days of my Annual leave balance as this period also includes 2 Bank Holidays on 25 and 26 December.
Please could the Moderators/Experts advise if this Absence is permitted as per ILR requirements, as the Total number of Days that I will be absent from UK in a single period would be 32 Days (excluding 28 November and 31 December).
Has anyone been in a similar situation (being Absent from the UK for 30 Days or more in a single period, on Annual Leaves) and has successfully been granted ILR?
Many Thanks.
Re: ILR - T2 General - Absences from UK
Posted: Wed Sep 25, 2019 9:37 am
by freeman_123
It should be fine as it is paid annual leave. It is the unpaid annual leave that is the issue if it exceeds a certain number of days.
Re: ILR - T2 General - Absences from UK
Posted: Wed Sep 25, 2019 12:48 pm
by aby00156
You should be alright. I took most of my holidays from the mid of December to the end of January and usually would be for around 40 - 45 days every year. I got my ILR without any issue.
Re: ILR - T2 General - Absences from UK
Posted: Wed Sep 25, 2019 7:14 pm
by anub2016
Many Thanks for your responses.
Congratulations @aby00156. When did you get your ILR? Did you ever take any Unpaid Leaves as well?
Do you have the format of the letter from employer provided as evidence in this regard? Also, if you filled the Online Form for your ILR Application, are the Details/Questions the same as those in the old SET (O) Form?
Re: ILR - T2 General - Absences from UK
Posted: Thu Sep 26, 2019 10:27 am
by aby00156
anub2016 wrote: ↑Wed Sep 25, 2019 7:14 pm
When did you get your ILR? Did you ever take any
Unpaid Leaves as well?
I got my ILR in the 1st week of August 2019. No I did not take any unpaid leaves. The link to my post is
indefinite-leave-to-remain/successfull- ... l#p1809261
Do you have the format of the letter from employer provided as evidence in this regard? Also, if you filled the Online Form for your ILR Application, are the Details/Questions the same as those in the old SET (O) Form?
I had used the formats mentioned in this post.
indefinite-leave-to-remain/tier-1-entre ... l#p1780167
I had used the online form.
ILR - T2 General - Date of Application
Posted: Sun Nov 03, 2019 1:22 am
by anub2016
Hi,
I was issued the Tier 2 (General) visa on 8 March 2016 and entered the UK on 12 March 2016.
Could the Moderators/Experts please advise on the Date after which I would get eligible to apply for ILR?
Many Thanks.
Re: ILR - T2 General - Date of Application
Posted: Sun Nov 03, 2019 1:41 am
by aman90
Re: ILR - T2 General - Date of Application
Posted: Sun Nov 03, 2019 2:35 am
by anub2016
Many Thanks for your response.
As my T2 General Visa is valid until 27 February 2021, there is a shortfall of 10 Days in the full Five year period. Could I still apply 28 Days before I would reach the Qualifying period which would be on 8 March 2021 (based on the Visa Issue Date of 8 March 2016) ?
Could the Moderators/Experts please advise on the exact date after which I would be eligible to apply for the ILR?
Many Thanks.
Re: ILR - T2 General - Date of Application
Posted: Sun Nov 03, 2019 9:37 am
by CR001
8 march 2021 minus 28 days.
Re: ILR - T2 General - Date of Application
Posted: Sun Nov 03, 2019 10:42 am
by anub2016
Many Thanks CR001.
Is that irrespective of the shortfall of 10 Days?
Re: ILR - T2 General - Absences from UK
Posted: Sun Nov 03, 2019 10:48 am
by anub2016
Many Thanks everyone.
Is there any rule whatsoever, that a single absence from UK (even on paid Annual Leave and Bank Holidays) cannot exceed 30 Days in total, as I will be away for 33 Days?
I believe I read something about 30 Days in the Continuous Period guide and hence the confusion.
Could the Moderators please advise?
Re: ILR - T2 General - Date of Application
Posted: Sun Nov 03, 2019 10:55 am
by CR001
anub2016 wrote: ↑Sun Nov 03, 2019 10:42 am
Many Thanks CR001.
Is that irrespective of the shortfall of 10 Days?
Yes. You need a valid visa on the date you apply.
Re: ILR - T2 General - Date of Application
Posted: Sun Nov 03, 2019 10:57 am
by CR001
Re: ILR - T2 General - Absences from UK
Posted: Sun Nov 03, 2019 10:42 pm
by anub2016
anub2016 wrote: ↑Sun Nov 03, 2019 10:48 am
Many Thanks everyone.
Is there any rule whatsoever, that a single absence from UK (even on paid Annual Leave and Bank Holidays) cannot exceed 30 Days in total, as I will be away for 33 Days?
I believe I read something about 30 Days in the Continuous Period guide and hence the confusion.
Could the Moderators please advise?
Hi CR001, could you please advise if this Absence of
33 Calendar Days (which includes Annual Leave, Weekends and Bank Holidays) is allowed as per Continuous Period, else I will have to plan my Travel accordingly? Many Thanks for your time.
Re: ILR - T2 General - Absences from UK
Posted: Mon Nov 04, 2019 10:24 am
by aby00156
anub2016 wrote: ↑Sun Nov 03, 2019 10:42 pm
Hi CR001, could you please advise if this Absence of
33 Calendar Days (which includes Annual Leave, Weekends and Bank Holidays) is allowed as per Continuous Period, else I will have to plan my Travel accordingly? Many Thanks for your time.
Its fine. I had more than 30 days.
Re: ILR - T2 General - Absences from UK
Posted: Mon Nov 04, 2019 10:37 am
by anub2016
aby00156 wrote: ↑Mon Nov 04, 2019 10:24 am
anub2016 wrote: ↑Sun Nov 03, 2019 10:42 pm
Hi CR001, could you please advise if this Absence of
33 Calendar Days (which includes Annual Leave, Weekends and Bank Holidays) is allowed as per Continuous Period, else I will have to plan my Travel accordingly? Many Thanks for your time.
Its fine. I had more than 30 days.
Many Thanks for your time aby00156.
Actually, I am particularly confused about a single absence of 33 Calendar Days because I believe to have read about a
30 Day rule in the Continuous Period guide. Also wondering if any such rule has been put forward by HO in the Statement of Changes.
Any thoughts on this please? Did your absence of more than 30 Days occur in a single period? I believe that would have involved Annual Leave, weekends and Bank Holidays.
Many Thanks.
Re: ILR - T2 General - Date of Application
Posted: Mon Nov 04, 2019 10:42 am
by aby00156
I had nearly 45 days in a single instance. I still got my ILR approved.
Re: ILR - T2 General - Date of Application
Posted: Mon Nov 04, 2019 12:35 pm
by anub2016
aby00156 wrote: ↑Mon Nov 04, 2019 10:42 am
I had nearly 45 days in a single instance. I still got my ILR approved.
Many Thanks for confirming that aby00156.
Could the Moderators please advise on the 30 Day rule mentioned in the Continuous Period guide?
Many Thanks.
Re: ILR - T2 General - Date of Application
Posted: Mon Nov 04, 2019 1:38 pm
by zimba
You still need evidence where the absences in a 12 month period exceed 30 working days plus statutory public holidays.
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Re: ILR - T2 General - Date of Application
Posted: Mon Nov 04, 2019 1:59 pm
by anub2016
Many Thanks Zimba.
I believe 30 Working Days correspond to 30 Annual Leaves that some employers provide instead of 25 Annual Leaves in a 12 month period. Is that right?
So just to confirm, is there any rule whatsoever, that a
single Absence of more than 30 Calendar Days (involving Annual Leave, Weekends and Bank Holidays) is not allowed?
Re: ILR - T2 General - Date of Application
Posted: Tue Nov 05, 2019 1:06 am
by zimba
No
ILR - T2 General - Claim Tax Refund - HMRC
Posted: Wed Nov 06, 2019 11:21 am
by anub2016
Hi,
I am currently on T2 General visa and a Permanent full time employee for the Sponsor. I pay my Taxes through PAYE.
Could the Moderators please advise if Claiming the Tax back after the end of the Tax year is permitted per ILR rules and if it can be treated as claiming Public Funds/Benefits?
Many Thanks.
Re: ILR - T2 General - Date of Application
Posted: Wed Nov 06, 2019 11:28 am
by CR001
Re: ILR - T2 General - Claim Tax Refund - HMRC
Posted: Wed Nov 06, 2019 11:28 am
by CR001
anub2016 wrote: ↑Wed Nov 06, 2019 11:21 am
Hi,
I am currently on T2 General visa and a Permanent full time employee for the Sponsor. I pay my Taxes through PAYE.
Could the Moderators please advise if Claiming the Tax back after the end of the Tax year is permitted per ILR rules and if it can be treated as
claiming Public Funds/Benefits?
Many Thanks.
Claiming PAYE tax that you been possibly overpaid is NOT public funds!!
Re: ILR - T2 General - Claim Tax Refund - HMRC
Posted: Wed Nov 06, 2019 11:30 am
by Zerubbabel
You need to pay the exact amount of taxes you need to. No more, no less.
If you paid too much taxes through PAYE (which happens frequently) then you claim them back, it's not accessing public funds. It's just you settling your account with HMRC and ensuring the right money is paid in.