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Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 13865
Experience:  Barrister 17 years experience
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I would like to know if it's mandatory that I present a

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I would like to know if it's mandatory that I present a letter from employer as proof of the time I was outside the UK when applying for ILR in Tier 2 Visa route. Basically, I was my entire holiday in another country + 3 weeks, but I was working for my employer remotely the whole time.
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  If you don't want the time you spent working remotely abroad to count as time spent outside the UK, then you will need a letter from your employer as proof that the time spent outside the UK was not an absence from the country.  This is because time spent working abroad will count as time spent outside the country unless you were working or had some other reason for being there.  So, if you want the time spent on holiday to count towards time in the UK, you will need a letter from your employer explaining that you were working during this period and the absence does not count towards being outside the UK.

Customer: replied 15 days ago.
I am not worried for this time to be counter as time outside the UK, I just want to know that even if this time working remotely counts as time outside the UK (not exceeding 6 months or 180 days), do I still need a letter from the employer stating that I was outside on holidays/working remotely?
Customer: replied 15 days ago.
to be counted*

2.  You do need to account for the periods of absence from the UK and if you were working remotely, then you should explain with a letter from your employer that this was in fact what you were doing.   However, this requirement is not mandatory as you can simply leave it as time spent outside the UK without needing to get a letter from your employer.

Customer: replied 15 days ago.
In case I don't have a letter, does this impact all the time I lived in the UK from before going outside of the country? What I mean is: does the time reset if I stay for 2 months outside of the UK, or it will still count, but discounting only those 2 months?
Example: I have lived for 1 year in the UK, after that I spend 2 months outside of UK, then for the Government when applying for ILR, they will consider only 1 year, or I have to start counting again?

3.  There is no impact upon the time you have lived outside the UK on the time you have lived in the UK because an application for ILR does not require this to be the case.  Essentially, you don't have to start counting again just because you spend two months outside the UK.

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