Need help please. unpaid leave

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Need help please. unpaid leave

Postby hsmpilr » Sat Apr 06, 2013 4:26 pm

Hi,

I am on Tier 1 general moved from HSMP 4 years back.

I have a 16 day unpaid leave one but last year when I went to home country. Will this affect my ILR continuous residence. Of my 180 days per year I have never exceeded 180 days in any year.


245AAA subsection b) excludes explicitely Tier 1 general
but in section c) it refers to 'highly skilled migrant'. Is Tier1 general a highly skilled migrant.
When I took this leave, there were no such conditions where we were asked to submit reasons for absences that I was aware of. I have been employed for all 5 years with the same company I stated as a permanent role.

For clarity, is there a reason to be produced for all absences even of less than 180 days or just if the absence exceeds 180 days ?

Please advice.
thanks
hsmpilr
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Posts: 75
Joined: Mon Apr 01, 2013 12:31 pm

Postby hsmpilr » Sat Apr 06, 2013 4:45 pm

This para is the one which confuses me the most. It seems very vague for untrained mind of mine.

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.


From what I can understand, does this stop people from taking any leave other than for serious and compelling reasons ? and all leave must be paid ones within the employer allowed leave ? what about unpaid leave to visit family/parents back in home country ?
Will a personal letter from me saying that I have taken unpaid leave off for visiting my home country suffice ? Fortunately I have only one such leave in my 5 yr period. But how many such are allowed ?

These changes in rules after 6 apr 2013 are confusing me more than anything.

Please, may I request the experienced and gurus to throw some light on the interpretation of the rules ?

thanks in advance
hsmpilr
Junior Member
 
Posts: 75
Joined: Mon Apr 01, 2013 12:31 pm

Postby Kevin24 » Sat Apr 06, 2013 5:14 pm

hsmpilr wrote:This para is the one which confuses me the most. It seems very vague for untrained mind of mine.

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.


From what I can understand, does this stop people from taking any leave other than for serious and compelling reasons ? and all leave must be paid ones within the employer allowed leave ? what about unpaid leave to visit family/parents back in home country ?
Will a personal letter from me saying that I have taken unpaid leave off for visiting my home country suffice ? Fortunately I have only one such leave in my 5 yr period. But how many such are allowed ?

These changes in rules after 6 apr 2013 are confusing me more than anything.

Please, may I request the experienced and gurus to throw some light on the interpretation of the rules ?

thanks in advance


You need to give more details for some one to comment.
Kevin24
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Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Postby hsmpilr » Sat Apr 06, 2013 5:27 pm

Kevin24 wrote:
hsmpilr wrote:This para is the one which confuses me the most. It seems very vague for untrained mind of mine.

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.


From what I can understand, does this stop people from taking any leave other than for serious and compelling reasons ? and all leave must be paid ones within the employer allowed leave ? what about unpaid leave to visit family/parents back in home country ?
Will a personal letter from me saying that I have taken unpaid leave off for visiting my home country suffice ? Fortunately I have only one such leave in my 5 yr period. But how many such are allowed ?

These changes in rules after 6 apr 2013 are confusing me more than anything.

Please, may I request the experienced and gurus to throw some light on the interpretation of the rules ?

thanks in advance


You need to give more details for some one to comment.

I am soon (another 3 months) finishing 5 years (HSMP+Tier1). In the middle of 2010, I took 16 days unpaid leave off. Will this affect my ILR ?
hsmpilr
Junior Member
 
Posts: 75
Joined: Mon Apr 01, 2013 12:31 pm

Postby Kevin24 » Sat Apr 06, 2013 5:34 pm

hsmpilr wrote:
Kevin24 wrote:
hsmpilr wrote:This para is the one which confuses me the most. It seems very vague for untrained mind of mine.

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.


From what I can understand, does this stop people from taking any leave other than for serious and compelling reasons ? and all leave must be paid ones within the employer allowed leave ? what about unpaid leave to visit family/parents back in home country ?
Will a personal letter from me saying that I have taken unpaid leave off for visiting my home country suffice ? Fortunately I have only one such leave in my 5 yr period. But how many such are allowed ?

These changes in rules after 6 apr 2013 are confusing me more than anything.

Please, may I request the experienced and gurus to throw some light on the interpretation of the rules ?

thanks in advance


You need to give more details for some one to comment.

I am soon (another 3 months) finishing 5 years (HSMP+Tier1). In the middle of 2010, I took 16 days unpaid leave off. Will this affect my ILR ?


O.K for Tier 1 to claim points you need to submit 12 months payslips out of a continuous period of 15 months before the date of your ILR application. Your Unpaid leave does not falling that period,I assume.Can't you get a letter from your Employer to cover that period. for an urgent Family Visit? Any way New SET O Form 06/04 is available now. Have a look as to what evidence they are asking? Hope this helps.
Kevin24
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Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Postby [iD] » Sat Apr 06, 2013 5:54 pm

Unpaid leave shouldn't be a problem for HSMP/T1 holders. You can provide a letter from employer detailing your absence. They can say that you were on unpaid leave for that period and away from the country.
Goodluck.
[iD]
Senior Member
 
Posts: 802
Joined: Sat Sep 29, 2007 12:36 am

Re: Need help please. unpaid leave

Postby saqib389 » Mon Apr 21, 2014 10:41 pm

But how someone can get a letter from employer he didn't have a job ?

What evidence of absence someone needs to produce if he was out of country and didn't have a job in UK ?
saqib389
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Posts: 160
Joined: Mon Jun 23, 2008 9:20 pm


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