Actually, a very bad news for Tier 1 general holders

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.

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

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

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

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

thanking in advance

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.

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

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

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?)

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.

finally its resolved in this post :D

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

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]

Hi ldbright,

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

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 !

@syed_ILR

This guy got his ILR yesterday...


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

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.

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.

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

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

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 !

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."

ldbright wrote: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."

This is exactly what concerns me most and I did paste the same thing earlier, not sure anybody has noticed it or not. I think we should not panic but better wait and see.

ldbright wrote: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."

I share your concern. Previously Tier 1 holders didn't need to prove their absences are work-related and I believe those who took personal leave (not paid, not exceeding 180 days in 5 years) were granted ILR. In other words, absences for personal reasons were disregarded. Now ukba is claiming something you did at the time when it was allowed is no longer considered so. Does this make sense?

If we look into the wording, it states that the absence 'MUST' be business/employment connected. I think this is what we should be focusing on now rather than the letter itself.

"Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences. "

Sep08T1Applicant wrote:

ldbright wrote: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."

This is exactly what concerns me most and I did paste the same thing earlier, not sure anybody has noticed it or not. I think we should not panic but better wait and see.

I think it affects those who -
1> Went outside UK (absences) while between employment
2> Unpaid leaves absence from UK

Those who went outside on annual paid leaves only or business trips has nothing to worry, only pain is in collecting letters from employer(s).

Unfortunately I have both the above cases. For absence between employment I'm trying to reason with UKBA on two fronts -
a) Tier-2 are allowed short absence from UK if the gap is less than 60 days.
b) Before I went outside UK I already had joining letter from next employer who specifically asked me to join on a particular date in future thus creating a short gap.

On Unpaid leaves front, its a challenge. I'm trying to reason with UKBA that some employer allow employee to increase their annual leave entitlement at the start of the leave year by buying more annual leaves from their flexible benefit package, thereby sacrificing some part of annual salary. Whereas some employers allow the same thing through pre-agreed and approved unpaid leaves upto a certain number of days each year and is documented in organisation HR policy. How 245AAA rule is relevant in such cases?

suds19 wrote:I think it affects those who -
1> Went outside UK (absences) while between employment
2> Unpaid leaves absence from UK

Those who went outside on annual paid leaves only or business trips has nothing to worry, only pain is in collecting letters from employer(s).

Unfortunately I have both the above cases. For absence between employment I'm trying to reason with UKBA on two fronts -
a) Tier-2 are allowed short absence from UK if the gap is less than 60 days.
b) Before I went outside UK I already had joining letter from next employer who specifically asked me to join on a particular date in future thus creating a short gap.

On Unpaid leaves front, its a challenge. I'm trying to reason with UKBA that some employer allow employee to increase their annual leave entitlement at the start of the leave year by buying more annual leaves from their flexible benefit package, thereby sacrificing some part of annual salary. Whereas some employers allow the same thing through pre-agreed and approved unpaid leaves upto a certain number of days each year and is documented in organisation HR policy. How 245AAA rule is relevant in such cases?

if thats the case then 95% of us are getting rejected. As I hardly know anyone who has not taken personal leaves and gone back home.