ILR - Absence Record Missing from Employer

[evershineforu]

Dear Members,

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.

[evershineforu]

If anyone has thought on my query, please post it here. THanks.

Mohan.

[cs95tdg]

Which immigration category are you applying for ILR under? Note that you should not include the departure & arrival dates in your absence calculation.

[evershineforu]

I am apply for ILR(Set (0)) on the basis of HSMP 2 Years + T1G (3 Years).

[cs95tdg]

In that case you do not require an employer letter to confirm your annual leave or business related absences.

[evershineforu]

Dear cs95tdg,

Thanks for your clarification and I am relieved.

Mohan.