Tier1 to ILR concerns

Hi,

I will be eligible for ILR in May 2016 but had some questions that answer to them is critical to my eligibility.

Would really appreciate any help:

1. If I have 10 days of gap between my jobs (unemployed), is it going to be an issue? -- note that I already have my next job and this is solely to have a bit of rest between jobs and it DOES NOT break any minimum salary or any other criteria.

2. If I have a few days (<10) of unpaid holidays (I'm just short of annual leave entitlement and need this for my holiday trip). Would this be an issue?

3. Because I was given my T1 extension on the day I applied (and not from the expiry of the previous one). at the end of my extension I would have 4 years 11 month and a few days continuity. Would this be an issue?

Thanks

I think you will be fine on all as you normally apply 28 days earlier then 5 years

The break between jobs won't be a problem, as long as you're over the earnings limit. The rules say that earnings can be from more than one source, and you don't have to be continuously employed.

Your unpaid absence *might* be a problem, because strictly the rules say that any absence has to be documented by your employer as "paid". However, if you took the absence before the rule change went into effect retrospectively at the end of 2012, you might have a grounds for appeal if they deny your application. I'm not a lawyer, so you should get professional advice if you are seriously concerned about this.

I'm also between jobs (literally) in a couple of weeks and was hoping to have a nice beach holiday, but alas not.

i don't think even unpaid absence will be problem, and i also have (not 1 but 2) unpaid absences before rule got changed in Dec 2012.
I advice everyone to go through continuous period guidelines here: https://www.gov.uk/government/uploads/s ... eriods.pdf which should bring clarity.
Only problem is if you got more than 180 days absence in any given yr preceeding date of application.

But what about the part that says all absences must be justified and for a work-related reason, and that you need to provide documentation from employers, death/sickness certificates, etc.? It reads like these apply to *all* absences, and not just those over a certain amount.

i agree but try to connect with section Absences which may be
disregarded which doesn't really make applicant disqualified due to unpaid leaves?
If you go through experience of applicants this issue never been any problem for anyone, but yes everyone trembled on this
Safe bet is to carry P60 and salary slips to prove absence were consistent with visa.

jonbca wrote:The break between jobs won't be a problem, as long as you're over the earnings limit. The rules say that earnings can be from more than one source, and you don't have to be continuously employed.

Your unpaid absence *might* be a problem, because strictly the rules say that any absence has to be documented by your employer as "paid". However, if you took the absence before the rule change went into effect retrospectively at the end of 2012, you might have a grounds for appeal if they deny your application. I'm not a lawyer, so you should get professional advice if you are seriously concerned about this.

I'm also between jobs (literally) in a couple of weeks and was hoping to have a nice beach holiday, but alas not.

----

Thanks for your reply.

Hmmm, that's a bit worrying now.

What is strange to me here is that why would a few days of unpaid holiday (WHILE EMPLOYED) be an issue when weeks of unemployment between jobs are fine!

Also, note that my unpaid holidays come mixed with my usual holiday entitlement, and later on if needed, my employer will confirm that I was on an approved annual holiday!

would this make it any better?

abhisheks9 wrote:i don't think even unpaid absence will be problem, and i also have (not 1 but 2) unpaid absences before rule got changed in Dec 2012.
I advice everyone to go through continuous period guidelines here: https://www.gov.uk/government/uploads/s ... eriods.pdf which should bring clarity.
Only problem is if you got more than 180 days absence in any given yr preceeding date of application.

What if the unpaid annual leave is after Dec 2012?

In fact, I change job, I have a pre-booked holidays, but because my new company's entitlement isn't enough for the holiday, the suggested that 2 of 11 days be unpaid.

Can this potentially be a problem?

i don't see it as problem. Just explain in letter stating it's consistent with visa purpose.
you still are away by 1.5 yrs and you are worried so ssoon now?

abhisheks9 wrote:i don't see it as problem. Just explain in letter stating it's consistent with visa purpose.
you still are away by 1.5 yrs and you are worried so ssoon now?

thanks buddy

I know! but I don't want to walk-in in 1.5 years and get screwed

manorey wrote:Hi,

I will be eligible for ILR in May 2016 but had some questions that answer to them is critical to my eligibility.

Would really appreciate any help:

1. If I have 10 days of gap between my jobs (unemployed), is it going to be an issue? -- note that I already have my next job and this is solely to have a bit of rest between jobs and it DOES NOT break any minimum salary or any other criteria.

2. If I have a few days (<10) of unpaid holidays (I'm just short of annual leave entitlement and need this for my holiday trip). Would this be an issue?

3. Because I was given my T1 extension on the day I applied (and not from the expiry of the previous one). at the end of my extension I would have 4 years 11 month and a few days continuity. Would this be an issue?

Thanks

Quick question, Do you really need to show the job now for claiming points in May 2016?

As far as i know u need to show last 12 months of salary or profit to claim points. What's the point to worry about the earlier period?

MACY wrote:As far as i know u need to show last 12 months of salary or profit to claim points. What's the point to worry about the earlier period?

But it's not about the "points" here, it's about the continuity of five year period. (which may be considered broken if you have been outside of country while on unpaid annual leave).

Is there anything I'm missing here?

Point is if there is any such gap. you don't have to show you on job that time then. and in that case leaves wont matter.

naveediiqbal wrote:Point is if there is any such gap. you don't have to show you on job that time then. and in that case leaves wont matter.

Yes, that's the reasonable conclusion, but we have always seen rules are not the most comprehensive part of the world

It is however re-assuring that, I called UKVI (in fact UKBA) and they very strongly commented on my inquiry that this would be absolutely fine and in fact I don't even need to take any letter from employer if it's not more than 180 days.