new form - evidence for unpaid leave?

madhumesh · Post by **madhumesh** » Thu Dec 20, 2012 1:01 pm

Self employed can define their holiday period them self, it doesn't need to be 26-28 day.

1up2down · Post by **1up2down** » Thu Dec 20, 2012 1:29 pm

@ M2008

1. Annual leave varies from company to company, but this will be mentioned in your job offer

5.For a ltd company (where you are the 100% shareholder-earn dividends) & Director (earn salary as PAYE) words "ANNUAL LEAVE" may not apply, its more of profits & loss during a financial/company year end.You can run your business for 6 months & still make profits so that you can satisfy earnings requirements.

But i am not sure what UKBA classifies periods where there is no economic activity & you have been outside the UK

Well the above scenario can be played in 3 ways.
A. If you have a contract for 12 months with a client & absent from the UK during this period - Should be ok, as long as it is reasonable (everyone needs some time off from work!)
B. If you dont have a contract in place & absent from the UK will this be calssified as unemployed???this is unclear
C. If you dont have a contract & in the UK - Should be fine as long as you meet the earning requirements

M2008 · Post by **M2008** » Thu Dec 20, 2012 1:44 pm

@ 1up2down
If earning is not a problem
For 5 A : what reason you right to make sense in application form?

"Annual leave - Holidays" or Annual leave - Visiting family"

or just "Holidays" or "Visiting family"

5 B: You are employee of your own company and drawing salary and paying tax -> so there is no point in telling you are unemployed

unemployed comes into picture only if you are out of PAYE

M2008 · Post by **M2008** » Thu Dec 20, 2012 1:53 pm

madhumesh wrote:Self employed can define their holiday period them self, it doesn't need to be 26-28 day.

one of HMRC definition of Self employed
* don’t get holiday or sick pay when they aren’t working

gaboon_viper · Post by **gaboon_viper** » Thu Dec 20, 2012 6:05 pm

i hope they revised something for self employed on tier 1 general. at the moments its looks very unfair. many selfemployed people will suffer.

gaboon_viper · Post by **gaboon_viper** » Thu Dec 20, 2012 6:07 pm

M2008 wrote:I have asked some more questions to them including self-employed. Once they reply, i will post them

please share ur mail

M2008 · Post by **M2008** » Thu Dec 20, 2012 7:57 pm

gaboon_viper wrote:
M2008 wrote:I have asked some more questions to them including self-employed. Once they reply, i will post them
please share ur mail

no reply from UBKA yet

humanvoid · Post by **humanvoid** » Thu Dec 20, 2012 9:33 pm

M2008 wrote:no reply from UBKA yet

same for me, interestingly they were pretty quick with previous responses.

M2008 · Post by **M2008** » Thu Dec 20, 2012 9:38 pm

humanvoid wrote:
M2008 wrote:no reply from UBKA yet
same for me, interestingly they were pretty quick with previous responses.

Again questions on their answers, so it will take some time to reply

humanvoid · Post by **humanvoid** » Thu Dec 20, 2012 9:56 pm

M2008 wrote:Again questions on their answers, so it will take some time to reply

we need to annoy them as much as possible so they will have to scrap that "rule".

If they start refusing ilr on this basis, where even one day can break continuous period, it could lead to another judicial review.

gaboon_viper · Post by **gaboon_viper** » Thu Dec 20, 2012 10:47 pm

humanvoid wrote:
M2008 wrote:Again questions on their answers, so it will take some time to reply
we need to annoy them as much as possible so they will have to scrap that "rule".
If they start refusing ilr on this basis, where even one day can break continuous period, it could lead to another judicial review.

it is quite unfair for self employed directors, like me. should go to judicial review.

uiqbal · Post by **uiqbal** » Fri Dec 21, 2012 12:28 pm

Had my appointment in PEO croydon approved - biometric on its way.
I was in 45 minutes early and by my appointment time, i had payment taken, biometric number given and with a case worker.

Total time taken was 2 hours, 45 minutes and i was on my way home 11:15 am.

They didn't even ask about holidays, my holiday were total 150.

Documents given:
set(o) form 07/2012
passports
photographs
bank statement 12 months
salary slips 12 months
tier 1 (General) letter.

cohabitation documents:
council tax 3 years
tenancy agreement 3 years
water bills 3 years

Only photocopies of last two years bill taken, and all salary slips and the bank statement page showing salary transfer were kept by the caseworker.

I could see the caseworker working on my documents, main time was spent on matching salary slips to bank statements and on passport stamps, working out total holidays must be.

M2008 · Post by **M2008** » Fri Dec 21, 2012 1:17 pm

congrats uiqbal

What reason you wrote on form for your unpaid holidays?

ashrithb · Post by **ashrithb** » Fri Dec 21, 2012 2:04 pm

Hi,

I have ILR appointment during the first week of January and worried about the one of absence period of 59 days.
Since last 5 years I am working with same employer (Indian based IT company) and my current immigration status is Tier1(general).

Originally employed in India, then through intra company transfer (work-permit), come to UK and worked for 2.3 years.
Then changed my immigration status to Tier1(general), during this period I went to India for the the knowledge transfer of IT project for the period of 59 days.

During this time I was not on UK payroll (issued P45) and I was paid in India.
But the strange thing is that I was paid 50% of my salary in UK during this time to my bank account,but not not issued salary slips.

Come back to UK after 59 days, then my payroll got created in UK.

Indefinite leave to remain – calculating continuous period in UK guidance says below points with respect to Tier1(general) migrants.

Rule 1).Absences must be for reasons connected with the applicant’s purpose for being in the UK.

Rule 2).If the absences are in connection with other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.

I am in India to provide the continuity to the work of UK business by providing the knowledge transfer activities in India.

would like to know about the my 59 days absence from UK breaking any of the above guidance rules.if so what is the way to over come the problem of 59 days absent ?

Possible options are as following
Option1: In the Set(O) form, mention the 'reason for absence' as Business Trip and get the letter from employer (keeping with me in case the case worker asks).
Option2: In the Set(O) form, mention the 'reason for absence' as family visit.

Please advise on this.

uiqbal · Post by **uiqbal** » Fri Dec 21, 2012 3:07 pm

M2008 wrote:congrats uiqbal

What reason you wrote on form for your unpaid holidays?

My reason was simply visiting family. I used the old form though and in there you don't have to give any letter.

uiqbal · Post by **uiqbal** » Fri Dec 21, 2012 3:14 pm

ashrithb wrote: Possible options are as following
Option1: In the Set(O) form, mention the 'reason for absence' as Business Trip and get the letter from employer (keeping with me in case the case worker asks).
Option2: In the Set(O) form, mention the 'reason for absence' as family visit.

I would say option 1 is the genuine reason, get the letter from employer, if they ask for it.

From my experience if you are less than 180 days, you should be all right but things are changing so better be ready.

And also in ukba case less is more - i could have added p60, could have added letter from employer etc, but stuck with the list above and it was pretty quick and smooth, 45 minutes from case worker taking the documents to approval letter. Let them ask you if they need such a letter.

maliksab · Post by **maliksab** » Fri Dec 21, 2012 3:26 pm

can you please share old form coz i have been trying to find old form i am struggling to find.

my appointment is on 28th of dec2012. please share old form.

akash08 · Post by **akash08** » Sat Dec 22, 2012 2:31 am

uiqbal wrote:Had my appointment in PEO croydon approved - biometric on its way.
I was in 45 minutes early and by my appointment time, i had payment taken, biometric number given and with a case worker.

Total time taken was 2 hours, 45 minutes and i was on my way home 11:15 am.

They didn't even ask about holidays, my holiday were total 150.

Documents given:
set(o) form 07/2012
passports
photographs
bank statement 12 months
salary slips 12 months
tier 1 (General) letter.

cohabitation documents:
council tax 3 years
tenancy agreement 3 years
water bills 3 years

Only photocopies of last two years bill taken, and all salary slips and the bank statement page showing salary transfer were kept by the caseworker.

I could see the caseworker working on my documents, main time was spent on matching salary slips to bank statements and on passport stamps, working out total holidays must be.

Congratulation and many thanks for sending me in panic mode the day before my appointment with your UKBA response. Hopefully you now agree what I have been saying all along - you are are/were worrying about nothing!!

ilrdep · Post by **ilrdep** » Sat Dec 22, 2012 7:52 am

For reasons Family visits you can mention Holiday abroad
(No need to mention unpaid or paid) that will be fine.

uiqbal · Post by **uiqbal** » Sat Dec 22, 2012 10:33 am

@akash08 - thanks, it was not me, who contacted ukba, you are taking me for somebody else

uiqbal · Post by **uiqbal** » Sat Dec 22, 2012 10:37 am

Just contacted thedx courier, they have received my biometric card and are saying that it will be delivered to your home address on 24th, consider i applied on 20th, that is very quick.

Used this method
http://www.immigrationboards.com/viewto ... e3a3d9b750

i am already buying tickets for my big holiday after a long time.

ashrithb · Post by **ashrithb** » Sat Dec 22, 2012 1:21 pm

ashrithb wrote:

Possible options are as following
Option1: In the Set(O) form, mention the 'reason for absence' as Business Trip and get the letter from employer (keeping with me in case the case worker asks).
Option2: In the Set(O) form, mention the 'reason for absence' as family visit.
uiqbal wrote:

I would say option 1 is the genuine reason, get the letter from employer, if they ask for it.

From my experience if you are less than 180 days, you should be all right but things are changing so better be ready.

And also in ukba case less is more - i could have added p60, could have added letter from employer etc, but stuck with the list above and it was pretty quick and smooth, 45 minutes from case worker taking the documents to approval letter. Let them ask you if they need such a letter.

@uiqbal - Congratulations.

It is my turn, appointment is on 2nd January and my absents as follows.

Code: Select all

  
        Days              Reason for absence		
		42 days			Visiting family (in India)		
		5 days			Holidays (holidays to swiss)
		5 days			Visiting family (in India)	
		59 days			Business Trip (to India) (make it as bold)
		19 days			Visiting family (in India)

Total    130

Questions

1.In the above list,I am mentioning reason as 'Visiting family' or 'Holidays' rather than saying Annual holidays.
Assuming that Holiday or Visiting family can be derived from Annual leave, Is that fine ?

2. 59 days trip - went to India for offshore work and mentioning as Business trip,Hope this is fine ?

3.Since my appointment is on 2nd January, Planning to use old set(o) form.
Incase if they ask why did you use old form,What convincing answer can be provided.
Planning to say I have already filled the old form and guidance says old can allowed until 3rd january.
Or would the case worker think that I am trying to hide some thing ?

orif · Post by **orif** » Sun Dec 23, 2012 3:19 pm

Hi,
I'm also caught out in the new rules with time spent out of the country between jobs. In 2009 I spent 80 days in the US over a summer working at a camp and travelling on holiday.

I haven't gone over the 180 days for any given year mark. Will this mean I won't be able to get IRL when I reach 5 years (on Tier 1 General) next autumn?

There does seem to be a discrepancy between the immigration rules at http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/ and the guidance notes - the guidance notes are written as though the part b of 245AAA did not have 'tier 1 General' listed along with Entrepreneur/Investor etc.

Is the version of the Immigration Rules on the ukba website the definitive version? What happens if the rules and the guidance do not match?

humanvoid · Post by **humanvoid** » Sun Dec 23, 2012 7:05 pm

orif wrote:There does seem to be a discrepancy between the immigration rules at http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/ and the guidance notes - the guidance notes are written as though the part b of 245AAA did not have 'tier 1 General' listed along with Entrepreneur/Investor etc.

Is the version of the Immigration Rules on the ukba website the definitive version? What happens if the rules and the guidance do not match?

That's what exactly we are trying to find out here, waiting for response from ukba.

Greenie · Post by **Greenie** » Sun Dec 23, 2012 7:07 pm

Rules take precedence over guidance.

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new form - evidence for unpaid leave?