T2-ICT, Total Absences <90, Is absences letter mandatory?

[TRY4ILR]

Dear Friends,

I am on Tier 2 ICT, working for same company since xx-Sep-2007 with no breaks. My total absences from UK are 89 (in 5.5 yrs) and all of them are paid annual leaves. My employer gave me sponsor letter but refused to give letter about my absences from UK

Now I have below documents with me.

1. UK Pay slips which proves that I have been continuously employed & paid in UK during all leave periods. Payslips are attested by employer.
2. P60 for all 5 yrs – Attested by employer
3. HMRC Letter with tax details of last 5 years
4. Original deputation letter (dated Aug 2007) which states that I am entitled for 20 paid annual leaves
4. A printout of my leaves history from company website which shows that leaves are "annual leaves"
5. Sponsor letter with date of arrival mentioned in it as xx-Sep-07, with out any details about paid annual leaves entitlement.

Please can some one advice me on the below urgently? My PEO is with in a week.

1. Is absences letter from employer mandatory for Tier 2-ICT if total absences are < 90?
2. Can I show above mentioned documents as alternatives to absence letter?
3. If I show these leaves as personal leaves (not annual paid leaves) – does it make any difference?

[cs95tdg]

According to the latest immigration rules, you are required to submit an employer letter confirming all absences (annual leave & business related) if you are applying for ILR as a Tier 2 migrant.

May I ask, why your employer refused to give you a letter to confirm your absences? The answers to your three questions are given below:

1) Yes, the employer letter is stated as required for Tier 2 applicants & this is irrespective of the number of absences you have.
2) It's worth a try at Solihul PEO where they assess your application before payment (I have seen cases where the CW hasn't asked for an employer letter though stated as a requirement, but you'd be taking a chance, because the rules say this letter is required). Does your employer sponsor letter, by any chance have a statement to confirm that all your annual leave was paid annual leave?
3) No, it doesn't. In fact, that would be worse IMO, as the reason they want an employer letter for employer sponsored applicants is to make sure your employment was as per the terms of your grant for leave to remain.

[TRY4ILR]

Dear cs95tdg,

Thanks for your detailed advice. The below given document is also clearly stating that absences letter from employer is mandatory for T2-ICT.

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http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

7.4 Specified Documents – Absences from the UK

Evidence of all work-related absences is required from those applying under Tier 2 (Intra-Company Transfer).

For work-related absences, the applicant must provide letter(s) from employer(s) detailing reasons for absences - including periods of paid annual leave.

For absences due to compelling or compassionate reasons, the applicant must provide a letter, detailing the reasons for their absence. They must also provide official documents such as medical, birth or death certificates.
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http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245GF. Requirements for indefinite leave to remain
245GF-SD Specified documents

B. A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave. Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.
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I do not have absences letter. My sponsor letter doen't have any references about my leaves, "annual paid leaves entitlement" etc.

So, I think my chances of getting ILR are very less here As suggested, trying in "Solihull PEO" may be the only hope i guess. My Current appointment is for "Croydon PEO ; 30th Jan" . I am trying to reschedule it for "Solihull" .



Once again, thanks a lot for your advice. It mean a lot to me. If you have any further advice on alternative options, kindly let me know

[cs95tdg]

Hello,
As you have suggested, I have rescheduled my appointment to Solihull for date 30th Jan (luckily I have got for the same date). Now I am planning to do the below.

1. In the application form, write all absences details but leave evidence section blank.
Summit absences excel – with details of relevant dates, days count & page number of immigration stamp.
(I hope case worker doesn’t ask me for employer letter here)

2. In case CW asks for letter, a then I would like to submit the below.

- A personal letter with explanation – “Account HR is on long leave, and acting HR expressed her inability to give such a letter as she can not verify when I have left or entered UK (actual travel dates).
- Absences excel
- A print out of leaves history from office website (shows leaves are annual leaves)
- Deputation letter (explains I am entitled for 20 paid holidays)
- Payslips & bank statements for absence periods (To prove i got paid during those periods)

I know that CW can still reject my case and what I am doing here is a patch work. But, I want to try my best hope for the luck.

Please can you advice me on the below?
1.Is this a good approach? Is there any better way to handle my case?
2.Any suggestions on the template/format/tone of the personal letter.

Thank you

[cs95tdg]

You've mentioned "Account HR is on long leave, and acting HR expressed her inability to give such a letter as she can not verify when I have left or entered UK (actual travel dates). ".

There is no requirement for your employer to state your travel dates in the letter they issue.

All you need is a letter confirming your annual leave periods. In your absences spreadsheet you can list your travel dates and along side the annual leave period for each, if you'd like to make it easy for a CW to match. But this again is optional.

If you are unable to get this letter I would just stick with the following two you've mentioned (along with a spreadsheet by you) to confirm the absences rather than over complicate it with many documents. Only provide them if requested.

- A print out of leaves history from office website (shows leaves are annual leaves)
- Deputation letter (explains I am entitled for 20 paid holidays)

[2013]

Dear TRY4ILR,

I am in the same boat.

Can you please share your experience once you appear for our your ILR?

In my opinion you are taking right step by choosing Solihull as ILR post. The advantage with Solihull center is that they check the document before charging fees. I believe it is a boon for people who have less than ideal set of documents.

[TRY4ILR]

Dear cs95tdg,

Once again, thanks a lot for your suggestions. those are very much valuable to me.

As advised, I am going to submit the below only.
1. leaves summary in excel
2. Deputation Letter
3. Leaves History Print out
4. Attested Payslips for absence periods (4 in total).

In SET(O) 6.3 (page 13 & 14), I have ticked "OTHER" and mentioned about documents 2,3,4 in the space provided.

Along with main application form and rest of documents, I am going to submit these documents as well (Not waiting for case worker to ask, as i have already updated details in SET(O) application).

If you have any further advice on my case, kindly let me know.

[Kaym]

Hi Try4ILR

Attested Payslips for the absence period ( 4 )

You have stated 4 payslips ? In last 5 years, you had only 4 times Annual Leave taken ? That's it ? Or I have not understood you correctly ?

[cs95tdg]

Please can you advice me how to fill section 6.3 (page 13 & 14) In SET(O)?

1. As written in the above post, should i update all details in the form and submit deputation letter etc along with rest of files.
2. or, should i keep 6.3 blank, hope that CW forgets to ask absences letter (i know it is very unlikely), and incase CW asks then submit available documents and explain.

thanks

Either would be alright. As you are going to Solihull, you will get to explain and you will most probably have interaction with the case worker, so they can ask you to explain if they need you to.

If you are asking for my personal opinion, if it were me, I'd go with option 2), but not because I hope the case worker forgets. Saying 'Other' in my opinion would highlight that the evidence you are providing is unusual. There is a section in the SET(O) form where you need to list all items you are submitting, I'd just add the items you are submitting (spreadsheet, deputation letter, annual leave printout) there & leave it at that.

[applyforILR]

All the best TRY4ILR!! I hope you clear it...

I have similar situation.. Let us know the results tomorrow..
hoping for the best

[TRY4ILR]

@cs95tdg: I will do as you have suggested (option-2). Thank you so much for your guidance.
@2013 & applyforILR : I will let you know status tomorrow.

[2013]

Any news ? eagerly waiting for your result?

[TRY4ILR]

Dear cs95tdg,

First of all, I don't know how to express my gratitude to you. All your constant guidance became fruitful at last. I have got my ILR approved successfully. I wish I too get an opportunity to do some favour to you some how.

@2013 & applyforILR:

Please find below Quick Summary reg. “absences letter”

- I left section 6.3 (evidence for annual leaves) blank
- CW specifically asked for the absences letter.
- I kept quiet (didn’t say that I do not have such letter), and gave below documents to her.
1. Deputation letter
2. Absences excel
3. Leaves printout from office website
4. Attested payslips for absence periods

- She immediately returned Docs -3 & 4
- She had around 2 seconds glimpse at 1st page of deputation letter (it doesn’t have any reference to leaves entitlement) and then around 1 second of glimpse at 2nd page (it says I am entitled for 20 days annual leave but I don’t think she read it). Overall she gave very low importance to it. She ticked some thing in her check list.

Suggestion: CW has a check list document, and I guess it includes a reference to “employer letter about absences” as well. When she asks for a document, we must give some relevant document. It is better not to explicitly say “document is not available”. If total absences are <180, she may not pay much attention to documents content.

As “cs95tdg” have suggested, it is better not to write any thing in “OTHERS” section as it give a hint that some thing is “UNUSUAL”. I think this suggestion really made some difference today in my case.

I will try to post complete details later. If you have any questions mean while, please feel free to ask.

[cs95tdg]

Congratulations! Glad to be of help and to hear everything went smoothly.

[Gagan1986]

Dear cs95tdg,

First of all, I don't know how to express my gratitude to you. All your constant guidance became fruitful at last. I have got my ILR approved successfully. I wish I too get an opportunity to do some favour to you some how.

@2013 & applyforILR:

Please find below Quick Summary reg. “absences letter”

- I left section 6.3 (evidence for annual leaves) blank
- CW specifically asked for the absences letter.
- I kept quiet (didn’t say that I do not have such letter), and gave below documents to her.
1. Deputation letter
2. Absences excel
3. Leaves printout from office website
4. Attested payslips for absence periods

- She immediately returned Docs -3 & 4
- She had around 2 seconds glimpse at 1st page of deputation letter (it doesn’t have any reference to leaves entitlement) and then around 1 second of glimpse at 2nd page (it says I am entitled for 20 days annual leave but I don’t think she read it). Overall she gave very low importance to it. She ticked some thing in her check list.

Suggestion: CW has a check list document, and I guess it includes a reference to “employer letter about absences” as well. When she asks for a document, we must give some relevant document. It is better not to explicitly say “document is not available”. If total absences are <180, she may not pay much attention to documents content.

As “cs95tdg” have suggested, it is better not to write any thing in “OTHERS” section as it give a hint that some thing is “UNUSUAL”. I think this suggestion really made some difference today in my case.

I will try to post complete details later. If you have any questions mean while, please feel free to ask.

Congrats again for yesterday. It was good to meet you. Let me know when you get your BRP as that will give an idea when i will receive mine and vice versa if i receive mine first. Did that other guy who was waiting with us got his case approved?

[applyforILR]

Congrats TRY4ILR!! Good to hear that you got it finally

I hope i would be able to get it too.. my application still has time.. till nov... hope i can convince my sponsor to give all the relevant details..
Enjoy the free status now

[plsanswer]

I have my appointment in a week. I have got absence letter from my Employer. However it is an attested letter and not original. The letter provided has company logo in the header and company details in the footer as it is on our company letterhead. Letter was stamped and signed by my HR.

Is this ok or do I need a original letter?