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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, I am applying for ILR next month. I am currently

Resolved Question:

Hello,

I am applying for ILR next month. I am currently in tier-2 general visa category. I have already contacted a representative to assist with my application. My representative has told me it is not necessary to submit employer letter for annual leaves if the total number of days absent in the last 5 years is less than 180 days. I am not fully convinced with this as UKBA does not mention that the letter is not required if total stay outside UK is <180 days. I am asking for second opinion. Please advice.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

In respect of asking for a letter from the employer, you are correct in thinking that this is required. It does not state on the form that a letter from the employer is not required if you have been absent for less than 180 days in the last 5 years.

Therefore you should provide a letter from the employer stating the period of annual leave. If for any reason one is not available then you should provide details of your employer so the home office can verify this with the employer.

Because your application is for indefinite leave to remain, you should provide all the documents they have asked for . Please see page 14 of the form:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/forseto04091.pdf

It clearly states that :

Evidence of all work-related absences (including paid annual leave) is required from those applying under Tier 1 (General);Tier 2 (Intra-Company Transfer);Tier 2 (General); Tier 2 (Minister of religion); Tier 2 (Sportsperson); Tier 5 International Agreement, and permitted employment categories – except Highly Skilled Migrants.

In your case you should obtain a letter from your employer detailing absences during employment.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2215
Experience: I am a qualified solicitor and an expert in UK law.
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