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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 488
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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In Tier 2 general visa and planning to apply for my ILR

Customer Question

I am Currently in Tier 2 general visa and planning to apply for my ILR application soon.During the year 2015 i was outside UK for 50 Calendar days .The reason was, The Project i worked in UK had been completed and i moved to india for 50 calendar days. I had been issued P45 form by my sponsor. After 50 days I came back to UK through same sponsor and same visa and started working on a new project.My Queries are as follows:1. As per the guidelines mentioned in Page 17 of the Calculating continuous period "Holidays taken on the conclusion of employment" ,Would this absence considered as a allowable absence? Do i need to produce any absence letters for the 50 Calendar days i was outside United Kingdom due to conclusion of employment ?At the end of 50 Calendar days I came back to UK for same sponsor.https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606963/Calculating-continuous-leave-v15.0.pdf2. IF i need to produce any absence letter , does the employer has to state anything specifically in that letter ?
Submitted: 1 month ago.
Category: Immigration Law
Customer: replied 1 month ago.
Note: My Tier 2 General Granted on Sep 2013
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  frantzgregory replied 1 month ago.

If this was an absence due to holidays approved by your employer they will have to state that in a letter. Did you apply for a new Tier 2 visa. Was your employment concluded?

frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 month ago.
I came to UK as a deputation from my home country on sep 2013. And my project role here completed on 27th Nov 2015. Hence i had been asked by my sponsor to work from offshore for 50 days for the same UK client (From offshore). Then on Jan 18th 2016 I came back to UK through same sponsor and worked for same client since i got a new role here in the same project. Since my old tier 2 has not expired and valid i did not apply for a new tier 2 visa.
Customer: replied 1 month ago.
I have Rated you but i didn't know that Rating would close the question as completed. Could you please answer my query
Expert:  frantzgregory replied 1 month ago.

OK why did your employer issue a P45?

Expert:  frantzgregory replied 1 month ago.

If you can get your employer to confirm period away was for work that will be great.

Customer: replied 1 month ago.
Since the project is completed they usually issue p45 form and since i came back to UK in gap of 50 days i got my p60 form as well . Out of that 50 days my employer already gave 30 days as a paid UK annual leave.Now i am not sure what kind of letter i can get for remaining 20 Calendar days as i worked from india for my employer. I have also paid Tax and NI continuously without gap here in UK.
Expert:  frantzgregory replied 1 month ago.

Your employer would need to clarify the situation because they are your sponsor.

Customer: replied 1 month ago.
Thanks Frantz... If i can get a letter from my sponsor stating that " I have worked for the same UK client from offshore or remote location for the period of 15 days" is enough ?
Expert:  frantzgregory replied 1 month ago.

Your employer should be able to guide you. They have a responsibility as a Home Office sponsorship holder.

Customer: replied 27 days ago.
Thanks .. I have emailed my employer to provide the letters... Let's see if i can get. How can i avail your professional service? Could you please let me know your charge for ILR service . You can email me at***@******.***
Expert:  frantzgregory replied 27 days ago.

It would be my pleasure to assist you but it is against JA policy as I understand it to directly engage with users. I will make enquiries with JA first to see if it is acceptable and if so I will make contact.