[quote="syed_ILR"]
http://www.immigrationboards.com/viewto ... &start=340
wildjoecrazy wrote his experience..may be this can help u .
Hello
I would just like to share with everyone that I had my ILR approved! I only found out about the rule change on 5 April, which of course instantly set me off into panic mode, as I had very little time to gather any information or evidence and was not sure if I was eligible!
My situation is this:
HSMP 2008 - 2010
Tier 1 General 2010 - 2013
My work situation was:
3 years contracting under an umbrella company or on a temporary basis
2 years permanent job
I explained my absences in the following way in my cover letter:
- When I was under HSMP, I understood that under the immigration rules that I did not have to quantify my work related absences during this period according to rule 245 (c).
However I chose to explain these for purposes of demonstrating my employment in the uk over five years and if info required.
- I explained that when I was an employee of an umbrella company I took on work assignments on a contracting basis. Therefore there were times I was not in employment. I explained that my annual leave was paid out to my in my weekly wage which equated to the equivalent of x number of days paid leave, however I exceeded the x number of days per year. Additionally that the employer was unable to differentiate the difference between days off that were considered paid annual leave (or equivalent of) or times when I was not in employment. I explained that due to the nature of my employment I was able to negotiate leave during work assignments or take leave between work assignments, in which I decided to travel abroad for short holidays.
- for my permanent post, I asked the employer to write a letter explaining that they are unable to confirm my absences from the UK in relation to my approved leave as they are not required to ask this or record this. I stated in my cover letter that there is consistency between my approved annual leave and my absences.
- I had 230 days of absences and these were not all paid!
Evidence I submitted:
1. Employment statements
2. Contracts highlighting my annual leave entitlement and nature of my employment
3. Sample of payslips from contracting to demonstrate how my holiday pay was calculated
4. Cover letter explaining all of the above.
As Tier 1 you do not need to always be in employment. I think even if you are permanent you can take unpaid leave from work, as long as your intention is to return to the same job when you get back or look for other work.[/quote]
Congrats and Thanks a million "Syed_ILR" for sharing your experience which infact has relieved me of my worries and fingers crossed for my application.
