Tier1-ILR: Query on 90 D & unpaid leave of absence evidence

Hi All,

Need your help in answering some questions related to Continuous period of absence rule.

Just to give you a brief back ground, my wife is set to apply for ILR through PEO at Croydon beginning of September. She is currently on Tier 1 visa.

Q1:- Do we need to provide any evidence for personal absences outside UK (<180 days all time) for last 5 years?
My wife initially got WP in 2008 and than she got converted to ILR in July 2010. Shortly afterwards she went on a sabbatical in the company for almost 2 years, than she worked for a little while again, got her Tier 1 extended and than left the company in 2013. She again joined back work beginning of 2015 in a new company.

So during the above period of August 2010 - Dec 2014, she had quite a few personal holidays outside UK stretching from 5 days to 90 days but never more than 180 days in any calendar year. She was also not working for a period of time so took holidays there as well.


We are going to prepare the spreadsheet with all the relevant entry/exit dates and explaining the reason for holidays which is fine but all of these holidays are personal holidays and It may not be possible to get a letter from the previous employer explaining this whole situation of sabbatical and the relevant holidays etc.

Is this a problem? I am confused on this topic now as many people on forum has suggested that Tier 1 general doesn't require you to be economically active and show proof for personal absence (unpaid) as long as its <180 days in any calendar year (which is its in my wife's case) while some others have said that you need to provide evidence of all holidays. How can somebody provide evidence for when you are unemployed?

Can somebody help clarifying o this?

Q2:- During these holidays, once my wife was away from UK for more than 90 days (92 days to be precise) just after her delivery, is this a problem?

I understand that as per old rules a continuous absence of more than 90 days was not allowed but as I understand as per new rules (from 2014) this 90 day rule is no longer applicable as long as you are not away for more than 180 days in any calendar year.

Can somebody confirm this is the case?

I have really looked at the forum but haven't found answers specific to my case so I will really appreciate if you could help me provide answers from your own personal experiences and knowledge.

Looking forward for some quick replies

Thanks and God Bless
KG

Hi All,


Can somebody please reply, really appreciate help on this.

KGJ

1. FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting (Q16), and

245AAA(c) wrote: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.

2. Yes.

Hi Sushdmehta,

Thanks for your mail.

I have seen this guidance but this is not consistent. For example it says absence should be related to the purpose of stay which is not entirely true as Tier 1 visa was used to be issues to provide flexibility in terms of changing jobs, even stay out of job so I don't think this is a hard line guidance.

As such, have seen from forum for quite a few people getting ILR recently without providing any evidence of unpaid leave.

Just want to get some views from some people who had a similar situation to mine and have applied for a successful ILR.

KGJ

Don't confuse absences from work (e.g. - period of employment / sabbatical but being physically present in the UK) with absences from UK.
Also, 245AAA is not a guidance but a relevant "immigration rule" ... on which the explanation under Q16 of the FAQs is based.

I am / was not suggesting anything one way or the other .... I have just pointed you to the places where you could find relevant information.

IMHO, inconsistency in application of rules is more dangerous because you never know how the caseworker assigned to your application will interpret the rule - in your favor or against!!

That said, this should ease you a bit - ILR Successful with 11 months gap at a stretch.