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Actually, a very bad news for Tier 1 general holders

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sheraz_aries
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Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 10:19 pm

syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:
I am assuming it is tier 1. When is ur ILR due ?
In 6 months time.

lol chillax then bro!!! everythin will be in black n white by then...
when is yours due?
Many Thanks

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

Post by syed_ILR » Sun Apr 14, 2013 10:24 pm

ldbright wrote:My question is that when asking the letter from your employer, do you confirm working day as absence day or 'nature' days which inculds weekends etc. for example, if your holiday entitlement is 20 days per year, and you took 25 days, but 8 of these days are weekend/ bank holidays etc. so all your holidays are still paid.

Hope someone can answer this question.

hahahah!! u made me laff.

Just get the FROM and TO date.

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

Post by syed_ILR » Sun Apr 14, 2013 10:26 pm

sheraz_aries wrote:
syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:
I am assuming it is tier 1. When is ur ILR due ?
In 6 months time.

lol chillax then bro!!! everythin will be in black n white by then...
when is yours due?
i booked croydon peo 22nd of may 2013 :P lol

sheraz_aries
Member of Standing
Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 10:28 pm

syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:
sheraz_aries wrote:
In 6 months time.

lol chillax then bro!!! everythin will be in black n white by then...
when is yours due?
i booked croydon peo 22nd of may 2013 :P lol
and do you have any absence while you were unemployed in tier 1 ?
Many Thanks

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

Post by syed_ILR » Sun Apr 14, 2013 10:29 pm

sheraz_aries wrote:
syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:

lol chillax then bro!!! everythin will be in black n white by then...
when is yours due?
i booked croydon peo 22nd of may 2013 :P lol
and do you have any absence while you were unemployed in tier 1 ?
yeah I have 170 days of absence in my 1st year of tier 1. So don't worry..I will write my experience and you can read :D hehehe

sheraz_aries
Member of Standing
Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 10:30 pm

syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:
sheraz_aries wrote: when is yours due?
i booked croydon peo 22nd of may 2013 :P lol
and do you have any absence while you were unemployed in tier 1 ?
yeah I have 170 days of absence in my 1st year of tier 1. So don't worry..I will write my experience and you can read :D hehehe
lol and are they when you were unemployed?
Anyways goodluck :)
Many Thanks

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

Post by syed_ILR » Sun Apr 14, 2013 10:38 pm

sheraz_aries wrote:
syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:
i booked croydon peo 22nd of may 2013 :P lol
and do you have any absence while you were unemployed in tier 1 ?
yeah I have 170 days of absence in my 1st year of tier 1. So don't worry..I will write my experience and you can read :D hehehe
lol and are they when you were unemployed?
Anyways goodluck :)
Yes I was not working.
Thanks

sheraz_aries
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Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 10:39 pm

syed_ILR wrote:
Yes I was not working.
Thanks
Hope all goes well. good luck
Many Thanks

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

Post by syed_ILR » Sun Apr 14, 2013 10:44 pm

sheraz_aries wrote:
syed_ILR wrote:
Yes I was not working.
Thanks
Hope all goes well. good luck
Inshallah :) by the way I have also booked tier 1 extension if something goes wrong lol! U never know man!

sheraz_aries
Member of Standing
Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 10:45 pm

syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:
Yes I was not working.
Thanks
Hope all goes well. good luck
Inshallah :) by the way I have also booked tier 1 extension if something goes wrong lol! U never know man!
SO you have booked window service for both ILR and Tier ! Extension, is it possible to have booked both same time?

what charges do you have to pay?
Many Thanks

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

Post by syed_ILR » Sun Apr 14, 2013 10:48 pm

SO you have booked window service for both ILR and Tier ! Extension, is it possible to have booked both same time?

what charges do you have to pay?
No I have booked on different dates..I paid 100 pounds each to book the appointment. So 200 pounds in total. If I get the ILR (which I should hopefully as everything is fine except the 170 days thing) then I will just think that I donated the 100 quid :D

sheraz_aries
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Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 10:49 pm

syed_ILR wrote:
SO you have booked window service for both ILR and Tier ! Extension, is it possible to have booked both same time?

what charges do you have to pay?
No I have booked on different dates..I paid 100 pounds each to book the appointment. So 200 pounds in total. If I get the ILR (which I should hopefully as everything is fine except the 170 days thing) then I will just think that I donated the 100 quid :D
ah okay! i heard that applicants are not allowed to book multiple appointments and that ukba can cancelled them if found out. but i might be totally wrong.
Many Thanks

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

Post by syed_ILR » Sun Apr 14, 2013 10:53 pm

sheraz_aries wrote:
syed_ILR wrote:
SO you have booked window service for both ILR and Tier ! Extension, is it possible to have booked both same time?

what charges do you have to pay?
No I have booked on different dates..I paid 100 pounds each to book the appointment. So 200 pounds in total. If I get the ILR (which I should hopefully as everything is fine except the 170 days thing) then I will just think that I donated the 100 quid :D
ah okay! i heard that applicants are not allowed to book multiple appointments and that ukba can cancelled them if found out. but i might be totally wrong.
I am sure I can as both the appointments are different. One is ILR and the other is Tier 1 extension. I think you cant hog 2-3 appointments for the same category..like some stupid people used to do ..as you know from now on wards you will have to pay 100 quid for each appointment by the next working day..n if you don't then your appointment will be cancelled automatically.

sheraz_aries
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Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 10:57 pm

syed_ILR wrote:
sheraz_aries wrote:
syed_ILR wrote:
SO you have booked window service for both ILR and Tier ! Extension, is it possible to have booked both same time?

what charges do you have to pay?
No I have booked on different dates..I paid 100 pounds each to book the appointment. So 200 pounds in total. If I get the ILR (which I should hopefully as everything is fine except the 170 days thing) then I will just think that I donated the 100 quid :D
ah okay! i heard that applicants are not allowed to book multiple appointments and that ukba can cancelled them if found out. but i might be totally wrong.
I am sure I can as both the appointments are different. One is ILR and the other is Tier 1 extension. I think you cant hog 2-3 appointments for the same category..like some stupid people used to do ..as you know from now on wards you will have to pay 100 quid for each appointment by the next working day..n if you don't then your appointment will be cancelled automatically.

Make sense
Many Thanks

cruzez
Junior Member
Posts: 73
Joined: Mon Apr 25, 2011 8:42 pm

Post by cruzez » Mon Apr 15, 2013 10:53 am

I think this thread is going out of control far too much, only questions and no concrete evidence answers. I have seen one guy replied to thread here that he got his ILR.

We need more responses like that adding questions after questions would only make everyone confused.

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

Post by hsmpilr » Mon Apr 15, 2013 7:25 pm

No posts today from ILR cases ? I presume lot of people attend ILR daily ... not even one ?

syed_ILR
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Joined: Sun Mar 24, 2013 3:12 am

Post by syed_ILR » Tue Apr 16, 2013 8:18 am

hsmpilr wrote:No posts today from ILR cases ? I presume lot of people attend ILR daily ... not even one ?

http://www.immigrationboards.com/viewtopic.php?t=132342

zafarkth got his approved but he is too busy to write his experience. If you go through this thread you will find his posts. He is the one who had about 89 paid leaves in one go.

ldbright
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Joined: Mon Jul 05, 2010 6:24 pm

Post by ldbright » Tue Apr 16, 2013 9:00 am

Understand your concern but I think discussion and asking questions are good as they cover different scenarios and the "real" requirement / solution will become clearer.

Also, we give each other support through this way to better handle the pressure.
cruzez wrote:I think this thread is going out of control far too much, only questions and no concrete evidence answers. I have seen one guy replied to thread here that he got his ILR.

We need more responses like that adding questions after questions would only make everyone confused.

Mind_The_Gap
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Location: Third Rock from the Sun

Post by Mind_The_Gap » Tue Apr 16, 2013 1:54 pm

M2008 has received some clarification from the ILR settlement team
M2008 wrote:Questions asked to ILR Settlement Team

Could you please clarify below rule regarding calculating continues period for Tier 1(General) category who are applying for ILR from 13th Dec 2012

Rule says for Tier 1 (general)

Absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only

Please provide answers for below Tier 1 (general) applicant’s scenarios.

1) What are types of Absences related to applicant’s purpose for being in the UK?
2) Does absence due to holiday breaks continues period in UK?
3) Does absence due to visiting family outside UK breaks continues period in UK?
4) Does absence due to holiday along with unpaid leaves breaks continuous period in UK?
5) Does absence due to after loss of Job and going on holiday or visiting family outside UK for period of 60 days breaks continues period in UK?
6) What are the reasons for absences may breaks continuous period in UK?
7) What are reasons which are NOT ‘compelling or compassionate reasons’
As per definition of tier 1 (general) “The Tier 1 (General) category allows highly skilled people to look for work or self-employment opportunities in the UK. Tier 1 (General) migrants can seek employment in the UK without a sponsor, and can take up self-employment and business opportunities here” -> As per new rule does tier 1(general) migrants can only be absence from UK for compelling or compassionate reasons only?


Reply from ILR Settlement Team

Dear Sir,

Details of all absences from the UK must be provided on the SET (O) application form, and must have resulted from either business reasons, or for compelling or compassionate reasons.

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed. They must however provide the specified evidence of absences that were for compelling or compassionate reasons. These would be varied, but examples would be natural disaster, preventing travel following a holiday, or the death of a close relative.

Absences due to annual leave would be covered by the policy, but absences of unpaid leave would need to fully explained and would not necessarily be disregarded. This would be a decision for the caseworker to make, given the explanation of the absence.

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

I trust this clarifies the situation.

If you need any advice on completing your application, please contact an OISC registered advisor. http://www.ukba.homeoffice.gov.uk/about ... tem=124409


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

Post by syed_ILR » Tue Apr 16, 2013 2:24 pm

Mind_The_Gap wrote:M2008 has received some clarification from the ILR settlement team
M2008 wrote:Questions asked to ILR Settlement Team

Could you please clarify below rule regarding calculating continues period for Tier 1(General) category who are applying for ILR from 13th Dec 2012

Rule says for Tier 1 (general)

Absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only

Please provide answers for below Tier 1 (general) applicant’s scenarios.

1) What are types of Absences related to applicant’s purpose for being in the UK?
2) Does absence due to holiday breaks continues period in UK?
3) Does absence due to visiting family outside UK breaks continues period in UK?
4) Does absence due to holiday along with unpaid leaves breaks continuous period in UK?
5) Does absence due to after loss of Job and going on holiday or visiting family outside UK for period of 60 days breaks continues period in UK?
6) What are the reasons for absences may breaks continuous period in UK?
7) What are reasons which are NOT ‘compelling or compassionate reasons’
As per definition of tier 1 (general) “The Tier 1 (General) category allows highly skilled people to look for work or self-employment opportunities in the UK. Tier 1 (General) migrants can seek employment in the UK without a sponsor, and can take up self-employment and business opportunities here” -> As per new rule does tier 1(general) migrants can only be absence from UK for compelling or compassionate reasons only?


Reply from ILR Settlement Team

Dear Sir,

Details of all absences from the UK must be provided on the SET (O) application form, and must have resulted from either business reasons, or for compelling or compassionate reasons.

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed. They must however provide the specified evidence of absences that were for compelling or compassionate reasons. These would be varied, but examples would be natural disaster, preventing travel following a holiday, or the death of a close relative.

Absences due to annual leave would be covered by the policy, but absences of unpaid leave would need to fully explained and would not necessarily be disregarded. This would be a decision for the caseworker to make, given the explanation of the absence.

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

I trust this clarifies the situation.

If you need any advice on completing your application, please contact an OISC registered advisor. http://www.ukba.homeoffice.gov.uk/about ... tem=124409

So are they going to revoke all the ILR granted before 6th of April 2013. As I remember M2008 himself was out of UK (unemployed)! and still got the ILR.

This is BS.

snowball001
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Post by snowball001 » Tue Apr 16, 2013 2:35 pm

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed.
I can't see any logic here at all.
Better wait for more cases.

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

Post by syed_ILR » Tue Apr 16, 2013 2:39 pm

snowball001 wrote:
Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed.
I can't see any logic here at all.
Better wait for more cases.
Totally agree!!!

cluelesss
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Post by cluelesss » Tue Apr 16, 2013 3:41 pm

I am also applying for ILR next week and was worried about this new rule. I looked into the statement of changes document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binaryhc1039

and found the following paragraph
24.

"(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.”
It seems that this is not relevant to Tier 1 General because i think they are highly skilled migrants.

But still i have contacted my previous employer and they have sent me the absences letter in post. :)

cruzez
Junior Member
Posts: 73
Joined: Mon Apr 25, 2011 8:42 pm

Post by cruzez » Tue Apr 16, 2013 4:08 pm

I was out many times but I have two events to highlight

1. Went for paid holiday for 2 weeks, came back and month later resigned as a result they deducted payments due to i only earned 1.2 weeks of holiday for the period I stayed with the company

2. Another company I got sacked, while I had my marriage plans already set. So before I left UK I secured a job went to india got married and came back very next day I went to brand new work as usual.

I was un employed Sep 12 2011 to Nav 10 2011, during this time , I did few interviews, got few job offers but finalised with one which let me go went to india got married and report back my 1st day on Nov 11 2011.

Where do I stand now? :(

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

unclear reply

Post by hsmpilr » Tue Apr 16, 2013 4:10 pm

syed_ILR wrote:
snowball001 wrote:
Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed.
I can't see any logic here at all.
Better wait for more cases.
Totally agree!!!
Why are they not clear in answering questions ? You as 10 and they answer 5 questions ...

'many are self-employed' ? what does that mean ? What happens to permanent employees ?
Also, from the reply can I interpret that unpaid absences while in employment is allowed ? 'Will not be disregarded ' - disregarded from what ? from the 180 days ?
Before Apr 2013 the rule was that any absences for business visits will be disregarded from the total allowed absences.

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