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*ALL PAID LEAVES" should be mentioned in the *LETTER FROM EMPLOYER* Irrespective of *INSIDE OR OUTSIDE UK* as those were paid leaves . I have already confirmed this with UKBA by calling them and she was pretty sure about this. And in addition to these , we should provide all relevant supporting evidences related to absences (I believe mainly outside UK, cannot say if they need those for in country as well ).hsmpilr wrote:No this refers to only unpaid leaves outside UK ...ldbright wrote:Now we are talking about even holidays taken within the UK maybe need to be listed and clarified by the Employer(??). This is just getting messier as how many of you remember the days you take within the UK over the 5 years?
Does this mean a single unpaid leave even for a day means break in the continuous period of residence ? The years gets reset ?apahuja wrote:*ALL PAID LEAVES" should be mentioned in the *LETTER FROM EMPLOYER* Irrespective of *INSIDE OR OUTSIDE UK* as those were paid leaves . I have already confirmed this with UKBA by calling them and she was pretty sure about this. And in addition to these , we should provide all relevant supporting evidences related to absences (I believe mainly outside UK, cannot say if they need those for in country as well ).hsmpilr wrote:No this refers to only unpaid leaves outside UK ...ldbright wrote:Now we are talking about even holidays taken within the UK maybe need to be listed and clarified by the Employer(??). This is just getting messier as how many of you remember the days you take within the UK over the 5 years?
Is on page 20 of guidance. Take a printout of guidance and show them. There is nothing mentioning period of leave, its only absence. If they are making up rules over the phone it is their problem. Law is not (yet) made in this country over the phone.Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.
Exactly, whoever wrote the reply on whatdotheyknow.com needs to go to gogetyourselfeducatedaboutimmigrationlaw.com before replying to people.dimension7 wrote:Guys,Is on page 20 of guidance. Take a printout of guidance and show them. There is nothing mentioning period of leave, its only absence. If they are making up rules over the phone it is their problem. Law is not (yet) made in this country over the phone.Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.
I didn't asked for unpaid leave and evidences required for that as there is no such unpaid absence in my case. But She was emphasizing that if paid leave them employer letter required otherwise personal letter with supporting documents related to your absence(i think she meant birth/death certificate etc)hsmpilr wrote:Does this mean a single unpaid leave even for a day means break in the continuous period of residence ? The years gets reset ?apahuja wrote:*ALL PAID LEAVES" should be mentioned in the *LETTER FROM EMPLOYER* Irrespective of *INSIDE OR OUTSIDE UK* as those were paid leaves . I have already confirmed this with UKBA by calling them and she was pretty sure about this. And in addition to these , we should provide all relevant supporting evidences related to absences (I believe mainly outside UK, cannot say if they need those for in country as well ).hsmpilr wrote:No this refers to only unpaid leaves outside UK ...ldbright wrote:Now we are talking about even holidays taken within the UK maybe need to be listed and clarified by the Employer(??). This is just getting messier as how many of you remember the days you take within the UK over the 5 years?
Does this mean as-long-as we are under the 180 days things must be fine (hope)[iD] wrote:I'm not even a least bit bothered tbh.
I have had total of two absences from the UK during 5 years. For one I was employed and had to leave the country because of my mother's death and for the second one I wasn't employed so I have just written a letter myself stating the fact that I was absent from the country to visit my family back home.
If anything, I'll provide my mum's death certificate with it.
I'm not in prison, I'm a free man who is and will travel anywhere he wants to. As long as those visits outside the country aren't excessive I am within my rights and my continuity of my stay in the UK doesn't break.
Anyway, one of my mate had his appointment on 8th at Solihull and he wasn't even asked for the absence letter, neither did he provide any and he got his ILR approved.
hsmpilr wrote: Does this mean as-long-as we are under the 180 days things must be fine (hope)
They're out of their minds.ukswus wrote:Another ridiculous response from UKBA:
*****************************************
m: Settlement Ops Policy Mailbox
UK Border Agency
10 April 2013
Dear Sir,
Paragraph 245AAA of the Immigration rules refers:
(c) 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.
Unpaid annual leave is not covered in the rules, therefore will break continuity as it is not contractual leave.
I trust this answers your question.
Settlement, Family and Nationality Operational Policy & Rules | Operational Systems Management | Home Office
https://www.whatdotheyknow.com/request/ ... ing-377576
Well, that's the problem, isn't it? The rule says that except for periods in the listed categories (Tier 1 general is not one of them, so this applies to us), any absences must be related to employment in the UK blah blah blah.[iD] wrote:
Updated: If you can look closely, it doesn't mention Tier 1 (General)[/color]
Oh yeah.ukswus wrote:Well, that's the problem, isn't it? The rule says that except for periods in the listed categories (Tier 1 general is not one of them, so this applies to us), any absences must be related to employment in the UK blah blah blah.[iD] wrote:
Updated: If you can look closely, it doesn't mention Tier 1 (General)[/color]
Hmmmz, I think they did mention highly skilled migrants - Is this not HSMP or Tier General? I think this is really insane but I think still we have to wait and see, there will be some discussion soon here. HSMP Forum is still active, we can raise JR for this in case if we need to go for that unfortunately.ukswus wrote:Well, that's the problem, isn't it? The rule says that except for periods in the listed categories (Tier 1 general is not one of them, so this applies to us), any absences must be related to employment in the UK blah blah blah.[iD] wrote:
Updated: If you can look closely, it doesn't mention Tier 1 (General)[/color]
I hope you are right. It's as if UKBA (or Theresa May) have some kind of irrational grudge against Tier 1 General, and therefore UKBA stuff give these surreal responses. But I hope in practice they will not dare to refuse applications for such trivial reasons.[iD] wrote:Oh yeah.ukswus wrote:Well, that's the problem, isn't it? The rule says that except for periods in the listed categories (Tier 1 general is not one of them, so this applies to us), any absences must be related to employment in the UK blah blah blah.[iD] wrote:
Updated: If you can look closely, it doesn't mention Tier 1 (General)[/color]
But no. I strongly believe that the person who replied is wrong. It would make more sense if they say that for Tier2 unpaid leave may break your continuity.
I think they got it all mixed up with T2 since it was initially required for them and they merely just added T1(G) in that without giving it a proper thought.
In UKBA's view, "highly skilled migrants"=HSMP, not Tier 1 General.Sep08T1Applicant wrote:Hmmmz, I think they did mention highly skilled migrants - Is this not HSMP or Tier General? I think this is really insane but I think still we have to wait and see, there will be some discussion soon here. HSMP Forum is still active, we can raise JR for this in case if we need to go for that unfortunately.ukswus wrote:Well, that's the problem, isn't it? The rule says that except for periods in the listed categories (Tier 1 general is not one of them, so this applies to us), any absences must be related to employment in the UK blah blah blah.[iD] wrote:
Updated: If you can look closely, it doesn't mention Tier 1 (General)[/color]
I read it (not able to get it where) clearly that HSMP means only those under appendix S (judicial review) and does not include Tier1 General.So [color] highly skilled migrant is not Tier1 [/color]Sep08T1Applicant wrote:Hmmmz, I think they did mention highly skilled migrants - Is this not HSMP or Tier General? I think this is really insane but I think still we have to wait and see, there will be some discussion soon here. HSMP Forum is still active, we can raise JR for this in case if we need to go for that unfortunately.ukswus wrote:Well, that's the problem, isn't it? The rule says that except for periods in the listed categories (Tier 1 general is not one of them, so this applies to us), any absences must be related to employment in the UK blah blah blah.[iD] wrote:
Updated: If you can look closely, it doesn't mention Tier 1 (General)[/color]
Scroll right down to the bottom. UKBA do say that if the leave is approved by the company it will be acceptable:ukswus wrote:Another ridiculous response from UKBA:
*****************************************
m: Settlement Ops Policy Mailbox
UK Border Agency
10 April 2013
Dear Sir,
Paragraph 245AAA of the Immigration rules refers:
(c) 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.
Unpaid annual leave is not covered in the rules, therefore will break continuity as it is not contractual leave.
I trust this answers your question.
Settlement, Family and Nationality Operational Policy & Rules | Operational Systems Management | Home Office
https://www.whatdotheyknow.com/request/ ... ing-377576
Continuous employment requirement indeed does not apply to Tier 1 General. But still there is a new rule which says that all absences abroad must be for work related (including paid leave) or compassionate/serious reasons.Ramana66 wrote:Please read this under 245AAA (b) as per current updated rules, where it is clearly saying that for T1 (G) applicants are excluded from continuous employment.
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, composer or artist, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.
If person is self-employed or looking for work, it's possible to come up with a personal letter justifying absences (although if it will satisfy UKBA may be difficult to say in advance, as they want letter detailing "absences in relation to those activities"). However, the problem arises when a person was employed and cannot get letters for such periods, or if the leave was unpaid during their employment. Personal letter then will not suffice in UKBA's view.Ramana66 wrote:Also read below rules.
245CD Requirements for indefinite leave to remain
(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA.
AND (see point (b), where it says - or looking for work...
245CD-SD Specified documents
The specified documents referred to in paragraph 245CD(j) are:
(a) For periods where the applicant was in employment in the UK, a letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
(b) For periods where the applicant was self-employed or in business in the UK, or looking for work or setting up in business in the UK, a personal letter from the applicant detailing the purpose and period of absences in relation to those activities.
(c) A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.