Here is the response from UKBA - made using What They know -
I hope this clears many confusions:
Summary of reply
https://www.whatdotheyknow.com/request/ ... ing-378134
My questions related to ILR continuous period guidance are as
Question 1 :
Looking at the word "If appropriate", Can I assume UKBA is
looking for annual leaves taken while on I may have been business
trips or secondment. For eg.,
if I am deputed as secondment to another country and taken some
annual leaves during that time.
Is that's what UKBA is looking for?
Answer to Question 1: The word appropriate in the context of this sentence means that some applicants may be self-employed, and therefore would not have a contract of employment granting them paid annual leave. In such a case, the applicant must provide a letter of explanation of their business-related absences.
A person could take a trip outside of the UK for work-related reasons, and during this time spend a period of annual leave, without breaking continuity, provided the total period of the trip (including the annual leave) did not exceed 180 days in that particular 12 month period of the continuous period. Evidence of this period of annual leave would be required.
Do I still have to provide employer letter for annual
holidays when I was out of country even when those are not business
trips or taken during those trips as they were my own personal
visits/holidays to say home country?
Answer to Question 2: Yes, since the total permitted absences have been increased from 180 days over the whole 5 year period, to 180 days in each of the 5 years of the continuous period, all absences must be evidenced.
This rule / requirement has been added just now (two days ago) and
there was no such requirement 4 years ago for Tier 1 / HSMP hence
asked my previous employers to provide such letters for personal
holidays and mostly employers don’t keep these records so
how can I arrange that
OR can I submit personal letter for those holidays (personal days)
when I was out of country?
Answer to Question 3: Applicants are advised that they must meet the requirements of the rules as the time of application for settlement, as rules are subject to change.
At the very least, most employers have a company policy on annual leave and many retain employee records for a period longer than five years. However, applicants who are not able to provide evidence of the dates of their employment-related absences, because their previous employer either cannot or will not provide it, would be advised to submit a letter of explanation containing the their previous employer's contact details. It would also be helpful if the applicant could provide evidence that they had unsuccessfully tried to obtain this information.
For time when I was on HSMP visa say 2008 - 2010, so for that
duration, do I have to provide proof of absences (employer’s
letter) etc or is it only for period I was on Tier 1 General (2010
Answer to Question 4:
Tier 1 (General) migrants who do not qualify to apply for settlement under Appendix S of the rules are required to provide evidence of work-related absences during their pervious leave as an HSMP migrant.
In new version of Set(O) 04/2013 question 6.2 there is exception
given for Highly Skilled Migrants (Is it for HSMP
JR Appendix S or for people who had HSMP in general)
Answer to Question 5:
The exception relates to HSMP migrants applying under Appendix S