Evidence of Absence during period of continuous stay for ILR

[roobaru]

Hi All,

Apologies if this has been covered already, in which case I would be grateful if anyone can point me in the right direction. I did try to search the forum but didn't come across any which clarified my queries.

My partner is on a Tier-1 visa and would be eligible for ILR towards the end of this month. We are a bit confused with the new guidelines for computing period of absence and their justification. She has been UK since May 2006, initially as my dependant but then got transferred to her own WP in Mar 2008. She then moved onto a Tier 1 in Jan 2010. She has been away from UK between July-August 2009 for a period of 22 days and then again between Dec 2010 and Feb 2011 for a period of 52 days(off which the first 20 days were annual leave and the remaining 34 days were off sick days for which she received SSP).

The first period of absence was while she was on WP, though she no longer works for the same employer, whereas the second leave of absence was while she is on Tier 1.

My queries are as follows:
1. Does the above periods while she was out of UK break her eligibility for ILR?
2. Does she need to provide any proof of absence for either period? Getting any proof from previous employer would be a bit difficult.
3.Lastly she is currently on maternity leave so can she use the salary slips from before her leave started. Also does she need to provide any additional documents for the same?

Kind Regards,

[cs95tdg]

Reading the SET(O) form & guidance along with the continuous residence guidance would help you get answers to the questions you have raised. Please see the following to begin:

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

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

Additionally, you may also find it useful to read the ILR FAQ sticky: http://www.immigrationboards.com/viewtopic.php?t=79378

[roobaru]

Hi cs95tdg,

Thanks for your reply and pointers.

I am clear on point 3 of my initial queries but still not sure regarding points 1 and 2. I had read the guideline for calculating continuous periods for settlement before raising my queries. I am a bit confused by what is meant by compelling and compassionate reason for absence and whether this applies for Tier 1 migrants? To quote the specific point which I believe to be relevant is as follows:

"b) If you have time in the UK as a "not-sponsored" migrant under certain immigration categories - UK ancestry; business person; investor; innovator; writer, composer, or artist; retired person of independent means; Tier 1 (General); HSMP (not applying under Appendix S of the rules, i.e. - after 5 years) - then absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence must be provided for compelling or compassionate reasons only. "

Please feel free to correct me if I am wrong in my understanding.

Kind Regards,

[roobaru]

Also what would constitute as the appropriate reason for annual leave and off sick days?

[evershineforu]

Dear Team,

I need information about the absence in the UK to apply for my ILR in the beginning March 2013.

I have been absent from UK about 140 days during last 5 years including days in and out which is purely of Annual Leave from work and have obtained the letter from both the employer regarding the same.

My Query:

On my previous employment, I have taken annual leave from 22nd October 2010 to 07th November 2010 whereas on employer record they found I have taken AL only from 27th October 2010. My flight e-ticket and Immigration stamping on the passport confirms that 22nd October 2010 I left UK.

During that period, I had TOIL (Time of in Lieu) to apply along with my Annual leave on the above period which is for 3 days (22nd October, 25th October and 26th October 2010) but they couldn’t locate any records for this and unable to certify.

How I can prove that 3 days leave and what supporting document I can provide?

When contacted UKBA Help lines they don’t have answer and requested me to apply by post. Also, they said that if the employer letter is provided for absences then which is considered as continuous stay in UK and not calculated those days from 180 days absence rule. Is it correct?

Please could someone advise on the above? Thanks in advance for your help.

[cs95tdg]

I am a bit confused by what is meant by compelling and compassionate reason for absence and whether this applies for Tier 1 migrants? To quote the specific point which I believe to be relevant is as follows:

"b) If you have time in the UK as a "not-sponsored" migrant under certain immigration categories - UK ancestry; business person; investor; innovator; writer, composer, or artist; retired person of independent means; Tier 1 (General); HSMP (not applying under Appendix S of the rules, i.e. - after 5 years) - then absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence must be provided for compelling or compassionate reasons only. "

Correct. What this means is that you only need to provide evidence and a supporting letter if you have absences which were due to serious or compelling compassionate reasons. No employer letter or evidence is required for annual leave or business related absences if applying for ILR as a T1G Migrant.

Also what would constitute as the appropriate reason for annual leave and off sick days?

It sounds as though this was a single absence from the UK, in which case you would just list it the once. Annual leave reason can be anything, it depends on what you took that time off for: E.g. Holiday, to visit family and friends etc... If you want to indicate that her 34 days of sick leave seperately, you may want to provide some evidence/personal letter, and then indicate it as one due to serious or compelling compassionate reasons. It depends on your individual circumstances.

EDIT: I forgot to mention, if there were any absences during the time you were on a WP, then if possible do get a employer letter for those. This is not generally requested by case workers, but when I submitted an enquiry to the UKBA about this, I was told to take an employer letter for any absences during my WP period, as I too applied for ILR with LTR as a WP Holder & T1G Migrant.

[cs95tdg]

Dear Team,

I need information about the absence in the UK to apply for my ILR in the beginning March 2013.

I have been absent from UK about 140 days during last 5 years including days in and out which is purely of Annual Leave from work and have obtained the letter from both the employer regarding the same.

My Query:

On my previous employment, I have taken annual leave from 22nd October 2010 to 07th November 2010 whereas on employer record they found I have taken AL only from 27th October 2010. My flight e-ticket and Immigration stamping on the passport confirms that 22nd October 2010 I left UK.

During that period, I had TOIL (Time of in Lieu) to apply along with my Annual leave on the above period which is for 3 days (22nd October, 25th October and 26th October 2010) but they couldn’t locate any records for this and unable to certify.

How I can prove that 3 days leave and what supporting document I can provide?

When contacted UKBA Help lines they don’t have answer and requested me to apply by post. Also, they said that if the employer letter is provided for absences then which is considered as continuous stay in UK and not calculated those days from 180 days absence rule. Is it correct?

Please could someone advise on the above? Thanks in advance for your help.

Please create a seperate topic for your ILR related questions.

[roobaru]

Thanks cs95tdg