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Employer letter format for ILR -SetO

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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udaythota
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Employer letter format for ILR -SetO

Post by udaythota » Fri Jun 01, 2012 1:53 pm

Hello,

I'm applying for my ILR-SET(O) on June'18 2012 in Solihull. I was away from UK for more than 90 days(at a strech) and the total no of days away from uk is around 300+.The absence reasons are :
1) Out on work assignments(I had visited other country apart from my base country)
2) Annual Leave
I'm getting the employer letter in the below format. Can anyone suggest if this suffices the requirement. Do I also need to take a letter for leaves as well

To
UK Border Agency,
United Kingdom


Dear Sir/Madam,
This is to certify that XXX is employed with xxx and currently working in UK

His details as per the records are

Employee#
Date of joining
Current Role
Salary

Mr XXX had to travel out of UK on business requirements on the below dates
Date Left the UK Date Returned to UK Reason for absence
21-Feb-08 05-May-08 Assignment in India
01-Jul-09 07-Feb-10 Training and asgnmt in Canada
17-Nov-10 25-Dec-10 Assignment in India

(Unable to post the above screenshot)

Mr xxx is an permananent employee of xxx and would be required to be in continuous employment

geriatrix
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Post by geriatrix » Fri Jun 01, 2012 2:22 pm

Were you paid your salary in the UK during this absence of 90+ days?
Life isn't fair, but you can be!

udaythota
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Post by udaythota » Fri Jun 01, 2012 2:40 pm

unfortunately NO

geriatrix
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Post by geriatrix » Fri Jun 01, 2012 2:43 pm

Then, consider including content that helps justify why "you" were the most suitable for this overseas assignment and no one else.
Life isn't fair, but you can be!

udaythota
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Post by udaythota » Fri Jun 01, 2012 2:56 pm

Thanks sushdmehta.

I hope the justification should come from the employer only .Not sure if this is possible.but is it ok if i mention something like ""as per his role,he has to travel outside UK " or any manager letter or should I mention the details in my cover letter/gap excel

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Post by geriatrix » Fri Jun 01, 2012 3:10 pm

When I said "consider including content" I was referring to the letter you have posted - which your employer is going to issue. That means, the justification has to come from the employer.

Appreciate that you are not justifying a normal absence but one that immigration policy guidance does not allow (90+ days). The more compelling the reason / justification of such absence(s), higher the chance that discretion may be in your favor.

The letter you have posted includes content that may work fine for normal work related absences but, IMHO, inadequate when you know the approval rests on discretion.
Life isn't fair, but you can be!

udaythota
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Post by udaythota » Fri Jun 01, 2012 3:45 pm

Thanks again . one last question as asked earlier

Is it necessary to cover normal leaves/annual leaves duration in the letter from the employer ..

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Post by geriatrix » Fri Jun 01, 2012 3:50 pm

If your total absences are above 180, then for sure.
Life isn't fair, but you can be!

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Post by geriatrix » Fri Jun 08, 2012 9:45 am

udaythota wrote:Hello,
Im applying for my ILR-SET(O) next week.I have read in various topics on few people arranging for a line managers letter in addtion to company letter. I did manage to get the company letter.

Any tips/template for managers email ?? Also will the line managers email make a difference for ILR?
Lucapooka wrote:I assume you are a Tier 2 migrant. You need a letter from the employer and you already have that. Your manager would, in any case, have to write a letter only with the consent and on behalf of the company so why would anyone consider providing the same thing twice?
udaythota wrote:Im on Tier 1 visa. I had to travel outside UK on various occasions. These were work releated .However , the pay was paid in the respective countries as im deputed employee in UK. I did get a letter from HR that I travelled on work assignments. Is it worth tkaing an email from my line manager who agrees on it .
Life isn't fair, but you can be!

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Post by geriatrix » Fri Jun 08, 2012 9:49 am

What will the letter from line manager add that a letter from HR cannot? Or vice versa?

The bottomline is to justify the absence in an effort to prove that continuous residence was not broken. Who in your organisation - HR, line manager, MD, Chairman - issues that letter is irrelevant. If one letter cannot justify the reasons, two or more letters also will not.
Life isn't fair, but you can be!

udaythota
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Post by udaythota » Fri Jun 08, 2012 11:51 am

Thanks and really appreciate your response.

I'll post on my experience /result post june 18th.

udaythota
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Post by udaythota » Mon Jun 18, 2012 9:13 pm

As expected, My application was not processed in solihull today.

The moment I submitted the form,the case worker checked the Gaps sheet and asked the total no of gaps .I told him that its 450 and provided the employer letter. He went to check with his supervisor and came back stating that they will not be able to process my appl as the gaps were huge (strech of 7 months) and they dont have the authority to approve. He suggested me to apply though post or in croydon PEO.

Im now planning to take a chance by applying in croydon.However,Im planning to apply for myself only. Is it ok if I avoid my dependant ILR now for 2 reasons:
1) If the ILR is rejected, I'll lose 1400 GBP and not 2000.
2) If its gets approved ,I'll apply my dependent's ILR Later.
Not sure if this is viable? (how quickly should I apply)

Regards
Uday

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Post by Smam » Mon Jun 18, 2012 9:41 pm

Hi

I totally agree with your decision for your dependants ILR application. I'll also advice you to do the same thing but do remember one thing that if you're making a completely separate application for your dependants later on try to enquire about the fees for the dependants Separate application or you can also post your dependants documents for the ILR application.

I'll advice you to try to get an appointment at Croydon ASAP.

Please do kindly share your PEO experience with us on the forum.

Good luck for your ILR.

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Post by geriatrix » Tue Jun 19, 2012 12:39 am

Uday,

When did your spouse/partner enter UK as a PBS dependant?
When is his/her current leave due to expire?
Life isn't fair, but you can be!

udaythota
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Post by udaythota » Tue Jun 19, 2012 8:05 am

My wife joined me in April 2010.
Her current leave is due to expire on 23/10/2013.

geriatrix
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Post by geriatrix » Tue Jun 19, 2012 9:56 am

Given the information posted regarding your absences, my personal suggestion would be that you do not include your dependant in your settlement application that you intend ot make in the coming weeks / months.
Life isn't fair, but you can be!

udaythota
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Post by udaythota » Tue Jul 31, 2012 10:46 am

I had my ILR appointment today in the croydon PEO.

The case worker checked all my documents and asked to wait for an hour .

After 45 mins,he informed that my application is valid,however as my gap is more than 90 days/180 days ,he needs to refer it to a separate team to take the decision. they will contact me once the decision is taken.

Is this normal in Croydon.I thought they have senior case workers and the decision will be taken on the same day.Not sure how long will it take now .

udaythota
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Post by udaythota » Wed Aug 01, 2012 8:34 am

Can anyone please comment ..

Smam
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Post by Smam » Wed Aug 01, 2012 6:26 pm

Hi udaythota

That's quite normal practise mate. Knowing the fact that they have senior case workers available at Croydon doesn't really mean that one was available to check your application at that time that's why they've putted this on hold that's all about it.

You know the fact that no one can give you a time frame when will it be done for you as you know the performance of UKBA is a complete shamble that's all I can say and the whole UK knows about it very well.

Hope fully you should be ok .

Please do kindly keep us posted on the forum once you'll recieve your result.

Good luck for your ILR.

udaythota
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Post by udaythota » Sun Oct 07, 2012 1:44 pm

All,

Finally I have received my docs after a wait of 2 months and unfortunately the decision is -ve :( The Home office refused my application stating that i haven't met the criteria of 90 days and 180 days.

The worst part is that I have to wait for another 2 1/2 yrs now for my ILR provided i meet the above criteria(long way to go....)

I would like to thank the moderators for their support and wish others the very best for their applications !

Regards
UT

mattch13
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Post by mattch13 » Sun Oct 07, 2012 10:28 pm

sorry to hear that. Can you explain in more detail the the criteria of 90 days and 180 days that they said you failed to meet?

udaythota
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Post by udaythota » Mon Oct 08, 2012 12:03 pm

No more than 90 days outside uk continuously
No more than 180 days outside uk for the period of 5 years .

I was not meeting both and my justification of providing company letters didnt work..

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