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Actually, a very bad news for Tier 1 general holders

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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

Post by hsmpilr » Tue Apr 09, 2013 4:41 pm

I am very confused here. Lots of people are explaining about paid annual leave. This evidence information was not there when the leave was taken. I had taken 20 days off my work for my own personal reasons. This could be true for many cases like getting married etc., and
serious or compelling reasons
is usually referred in conjunction with death certificate. So what about casual family visits for a function etc., ? Does this mean they are suddenly introducing a rule that we must be stuck not able to even move out of the country if we want an ILR ? If my finances are in good control I must be able to take more than the paid leaves given by my employer for my own comfort... why is this denied as-long-as I am within the 180 days rule.

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

Post by hsmpilr » Tue Apr 09, 2013 4:50 pm

https://www.whatdotheyknow.com/request/ ... us_perio_2

This is more distrubing ... coming from UKBA itself.

rajan1981
Newly Registered
Posts: 22
Joined: Tue Mar 20, 2012 7:34 pm

Post by rajan1981 » Tue Apr 09, 2013 5:24 pm

This is getting too difficult, If anyone post their experience in PEO after 6th April it would be more informational.

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

Post by hsmpilr » Tue Apr 09, 2013 6:24 pm

Yes
Please could people post their experience after 8th Apr and also give clear information in the lines of absence letter ?

thanking in advance

Sep08T1Applicant
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Posts: 192
Joined: Sun Sep 14, 2008 1:05 am
Location: London
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Post by Sep08T1Applicant » Tue Apr 09, 2013 11:35 pm

hsmpilr wrote:https://www.whatdotheyknow.com/request/ ... us_perio_2

This is more distrubing ... coming from UKBA itself.
Hmmmz, confusing..This is a killer one, seems, specially this one (reference from the link above0:

Qa. Please confirm if the ILR candidate has to be in employment in the UK while the candidate is away (absence) from UK due to
personal reasons for less than 180 days in a year?

Aa. Absences due to personal reasons are not related to work or business, therefore any time spent outside of the UK for personal reasons would break continuity, regardless of whether or not the applicant was still employed in the UK.

Sep08T1Applicant
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Posts: 192
Joined: Sun Sep 14, 2008 1:05 am
Location: London
Mood:

ILR seems tougher

Post by Sep08T1Applicant » Tue Apr 09, 2013 11:45 pm

I thought my case is quite straightforward but now upside down :(
Please seniors can someone comment, I know this is too early to jump to any conclusions but it seems absences will be the issue:

I got my Tier 1 (G) in october 2008, extended and hopefully completing my 5 years in september this year (not very close though).

1) I went in december 2011 for 24 days (some holidays from annual leave and mostly unpaid) = 24 days in total

2) Then I came back in January 1st 2012, stayed here till 29th January 2012 and left again. I finally came back on 1st April 2012 During this period I did work for my employer from back home, all together 63 days I worked for my employer from back home. Out of this 63 days I tool 5 days hoidays as well.

Now how will this be consider? Any thoughts

Sep08T1Applicant
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Location: London
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Why absences needs to be certify?

Post by Sep08T1Applicant » Tue Apr 09, 2013 11:52 pm

If I am not wrong, most of us, took annual leave to visit back home or visiting europe (In any case travelling outside UK). My confusion is even if we are showing our 5 years employment period through 1 or many employers before ILR application then any travel outside UK will easily be obtainable through our passports, isn't it?

If we get paid for the month as usually we get for the month outside UK (Paid annual leave), looking at the stamps of exit and entry one can easily identify this is certify annual leave from the employer, is that not case, correct me please if I am wrong.

Thanks

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

Re: ILR seems tougher

Post by hsmpilr » Wed Apr 10, 2013 4:38 am

Sep08T1Applicant wrote:I thought my case is quite straightforward but now upside down :(
Please seniors can someone comment, I know this is too early to jump to any conclusions but it seems absences will be the issue:

I got my Tier 1 (G) in october 2008, extended and hopefully completing my 5 years in september this year (not very close though).

1) I went in december 2011 for 24 days (some holidays from annual leave and mostly unpaid) = 24 days in total

2) Then I came back in January 1st 2012, stayed here till 29th January 2012 and left again. I finally came back on 1st April 2012 During this period I did work for my employer from back home, all together 63 days I worked for my employer from back home. Out of this 63 days I tool 5 days hoidays as well.

Now how will this be consider? Any thoughts
Mine too is something similar to this. We cannot be inside UK for job only which will stress us out. Moreover until UKBA gives us an ILR we cannot move all our commitments to the UK since they have a track record of confusing people by their change in immigration law (this happened before with HSMP people and now it is us?)

Yash001
Member
Posts: 134
Joined: Wed Dec 19, 2012 11:28 pm

Re: Why absences needs to be certify?

Post by Yash001 » Wed Apr 10, 2013 6:36 am

Sep08T1Applicant wrote:If I am not wrong, most of us, took annual leave to visit back home or visiting europe (In any case travelling outside UK). My confusion is even if we are showing our 5 years employment period through 1 or many employers before ILR application then any travel outside UK will easily be obtainable through our passports, isn't it?

If we get paid for the month as usually we get for the month outside UK (Paid annual leave), looking at the stamps of exit and entry one can easily identify this is certify annual leave from the employer, is that not case, correct me please if I am wrong.

Thanks
Hi,

Don't panic...there are many people who have got their ILR who had exactly same case like you...UKBA response is always confusing ....I suggest read the experience of the people who had exactly same situation as you in this forum and also go through the following post posted by cs95tdg

My take on the latest absence related rules for T1G applicants is that:
1) For any absences (i.e. business related absences, annual leave or unpaid absences) they had while in permanent employment in the UK, a letter from the employer confirming these.
2) For all other absences the only option will be to provide a personal letter explaining the reason for the absence and provide any evidence that you can gather to support what you are saying. Some examples:
a. Absences due to serious or compelling compassionate reasons: Personal Letter and evidence.
b. Absences taken to setup a business or gain/search for employment if you were self-employed/employed: Personal Letter and evidence if possible.
c. Absences taken (for whatever reason – holiday/family visit etc…) in-between employment contracts: Personal Letter & evidence if possible.
d. Absences taken while employed by a company that no longer exists: Personal Letter and evidence that the company no longer exists if possible.
There may be other types of absences, but most would fall under one or more of the above categories.

syed_ILR
Member
Posts: 186
Joined: Sun Mar 24, 2013 3:12 am

Re: Why absences needs to be certify?

Post by syed_ILR » Wed Apr 10, 2013 8:40 am

finally its resolved in this post :D:D

http://www.immigrationboards.com/viewtopic.php?t=131686

ldbright
Member
Posts: 202
Joined: Mon Jul 05, 2010 6:24 pm

Re: Why absences needs to be certify?

Post by ldbright » Wed Apr 10, 2013 8:57 am

Thanks for summarising the absence types, however, in your point one do you actually mean --> please see the bold letters I have added.

1) For any absences outside UK (i.e. business related absences, annual leave or unpaid absences) they had while in permanent employment in the UK, a letter from the employer confirming these.


In other words, for absences (personal holidays) inside the UK, we do not need to justified them.
Hi,

Don't panic...there are many people who have got their ILR who had exactly same case like you...UKBA response is always confusing ....I suggest read the experience of the people who had exactly same situation as you in this forum and also go through the following post posted by cs95tdg

My take on the latest absence related rules for T1G applicants is that:
1) For any absences (i.e. business related absences, annual leave or unpaid absences) they had while in permanent employment in the UK, a letter from the employer confirming these.
2) For all other absences the only option will be to provide a personal letter explaining the reason for the absence and provide any evidence that you can gather to support what you are saying. Some examples:
a. Absences due to serious or compelling compassionate reasons: Personal Letter and evidence.
b. Absences taken to setup a business or gain/search for employment if you were self-employed/employed: Personal Letter and evidence if possible.
c. Absences taken (for whatever reason – holiday/family visit etc…) in-between employment contracts: Personal Letter & evidence if possible.
d. Absences taken while employed by a company that no longer exists: Personal Letter and evidence that the company no longer exists if possible.
There may be other types of absences, but most would fall under one or more of the above categories.
[/quote]

rajan1981
Newly Registered
Posts: 22
Joined: Tue Mar 20, 2012 7:34 pm

Post by rajan1981 » Wed Apr 10, 2013 9:08 am

Hi ldbright,

Whenever you see a absence in this context, it refers to absence outside UK only.

syed_ILR
Member
Posts: 186
Joined: Sun Mar 24, 2013 3:12 am

Post by syed_ILR » Wed Apr 10, 2013 9:40 am

where are all the people who applied after 6th of april..I think they all got it and can't be bothered to share their experience !

sayome_now
Junior Member
Posts: 64
Joined: Mon Dec 17, 2012 1:14 pm

Post by sayome_now » Wed Apr 10, 2013 9:48 am

@syed_ILR

This guy got his ILR yesterday...


http://www.immigrationboards.com/viewtopic.php?t=131754

apahuja
Newbie
Posts: 34
Joined: Mon Apr 01, 2013 1:21 am

It was not for Tier1 General main applicant

Post by apahuja » Wed Apr 10, 2013 10:03 am

sayome_now wrote:@syed_ILR

This guy got his ILR yesterday...


http://www.immigrationboards.com/viewtopic.php?t=131754
Its good that there ILR is success yesterday but They didn't had to provide any absence letters as it was ILR for only dependant. Not sure why people not posting their application experiences after 6th april which will be useful for others.

syed_ILR
Member
Posts: 186
Joined: Sun Mar 24, 2013 3:12 am

Post by syed_ILR » Wed Apr 10, 2013 10:26 am

sayome_now wrote:@syed_ILR

This guy got his ILR yesterday...


http://www.immigrationboards.com/viewtopic.php?t=131754

not relevant mate! it does not talk about absenses.

zafarkth
Newly Registered
Posts: 20
Joined: Mon Apr 08, 2013 11:47 am

Post by zafarkth » Wed Apr 10, 2013 10:37 am

I had appointment on 15th April for ILR with two dependants. My application is based 2Year HSMP and 3 Years on Tier1 General.

i am working for same employer from last 5 years and got a letter where they mentioned all my absances and declared them as Paid Annual leave.

one of my absance in 2011 is 83 days which is also paid and mentioned in letter.

will this is enough? Please can someone help

Thanks in advance

letmec2006
Member
Posts: 178
Joined: Wed Apr 16, 2008 8:22 am

Hi

Post by letmec2006 » Wed Apr 10, 2013 11:21 am

syed_ILR wrote:where are all the people who applied after 6th of april..I think they all got it and can't be bothered to share their experience !
Or may be nobody applied in PEO During these days, because I saw one post, which had a quick decision in Croydon and empty queues.

Regards

rajan1981
Newly Registered
Posts: 22
Joined: Tue Mar 20, 2012 7:34 pm

Post by rajan1981 » Wed Apr 10, 2013 11:22 am

If they had been rejected on the basis of absence the first place they might have got to post a query is this forum as this is listed always first in Google search for these types of queries. so I guess they not getting rejects... but again its just a hope! Would have been great to see any one posted their experience!
syed_ILR wrote:where are all the people who applied after 6th of april..I think they all got it and can't be bothered to share their experience !

ldbright
Member
Posts: 202
Joined: Mon Jul 05, 2010 6:24 pm

Post by ldbright » Wed Apr 10, 2013 12:13 pm

Don't you guys find the response from UKBA worrying as it seems even you are in employment in the UK, as long as you've have a non work related absence from the UK, the continuity is considered to be 'broken'. This is worse than the letter we have get from the employer as majority of us have been outside the UK during the 5 years.

https://www.whatdotheyknow.com/request/ ... us_perio_2

"Qa. Please confirm if the ILR candidate has to be in employment in the UK while the candidate is away (absence) from UK due to
personal reasons for less than 180 days in a year?

Aa. Absences due to personal reasons are not related to work or business, therefore any time spent outside of the UK for personal reasons would break continuity, regardless of whether or not the applicant was still employed in the UK."

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