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Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2 (General) and Skilled Worker applicants in the UK were permitted to start work for their sponsors while waiting for decisions on their applications. This time while they were waiting, but able to work, also counts towards the continuous 5-year period. The applicant must have been in the UK with permission (including as a visitor or with Exceptional Assurance), and the application must have been:

• for permission to stay

• made between 24 January 2020 and 30 June 2021 (inclusive)

• supported by a CoS on the date of application

• granted

Absences linked to reason for being in the UK: evidential requirements

For all other categories, absences must be consistent with, or 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 any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers. For example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays.

Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.

Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period.

However, time spent away from the UK for extended periods, particularly if the business no longer exists, should not be allowed.

Interim caseworker action: missing evidence

If an applicant is required to provide specified documents from their employer explaining their absences and fails to do this, and the absences do not exceed 30 working days plus statutory public holidays per annum (for example, such absences are likely to be consistent with paid annual leave), you can choose, having regard to all the circumstances of the case, to consider the application without this documentation.

You still need evidence where the absences in a 12 month period (as defined above) exceed 30 working days plus statutory public holidays.

Absences for serious or compelling reasons: evidential requirements

Serious or compelling reasons will vary but can include:

serious illness of the applicant or a close relative

a conflict

a natural disaster, for example, volcanic eruption or tsunami

The applicant must provide evidence in the form of a letter which sets out the reason for the absence with documents of support. For example:

medical certificates

birth or death certificates

evidence of disruption to travel arrangements