Actually, a very bad news for Tier 1 general holders

RRSB2012 wrote:Hi Everyone,

If we can make a summary statement showing date of exit and date of entry in UK and get it certified from the employer, would that serve the purpose.

Making individual letters for all travels would be too hectic for everyone, ourselves, employer and UKBA case worker.

I have about 8 trips a year, means 40 letters? doesnt sounds right!

Any comments?
R

Yes! A summary sheet and one letter from Employer to certify the absences on Annual Leave

Any suggestions what should be done in case the previous employer (back 3+ year) has no correspondence of absence leaves and they are not ready to respond in writing that they do not have any records of annual leave taken and are not going to authorise any personal letter for personal holidays outside UK. Can applicant write a personal letter in such cases when past employer do not provide letter for annual leave absences? Can provide offer letter of that employer , passport pages for travel dates and pay slips , bank statement for those months and letter from HMRC which will state tax paid during employment with that employer . Please suggest.. as I have appointment date on 10th April. I would have to cancel it if could not arrange these docs by then....

I know there is not much of time if the appointment is on 10th. But if your previous employer is not replying, please send them a recorded letter requesting for providing a letter confirming the holidays taken by you. Just include your postal address and e.mail, but do not give a phone number as they can call and say that can't give letter.

As a back up, take all your pay slips and bank statements for the absence periods together with your appointment letter. The appointment letter should carry the holidays eligible by you and the payslips and bank statements prove that you have been paid in UK during that period. If you could get the letter from your previous employer that they do not have records or they can not provide the details, you can show that also. After all, all these should prove your case that you are employed during the absences.

I don't see any other option as one of my friend left the company 4 years ago and they have a policy to delete all the holiday records two years after the employee leaves. Fortunately, they have provided the letter that they do not keep the records after two years hence can not provide. He is planning to do as suggested above.

Wish you good luck and keep posted how things go with you.

apahuja wrote:Any suggestions what should be done in case the previous employer (back 3+ year) has no correspondence of absence leaves and they are not ready to respond in writing that they do not have any records of annual leave taken and are not going to authorise any personal letter for personal holidays outside UK. Can applicant write a personal letter in such cases when past employer do not provide letter for annual leave absences? Can provide offer letter of that employer , passport pages for travel dates and pay slips , bank statement for those months and letter from HMRC which will state tax paid during employment with that employer . Please suggest.. as I have appointment date on 10th April. I would have to cancel it if could not arrange these docs by then....

Don't try to give too many documents to CW. At Croydon CW has accepted a Personal letter from the applicant regarding absences for 40 days.Because Applicant has been with the same Employer for 5 years. At times they use their discretion. Do a summary sheet and Give it along with the letter and see. For backup have the documents.

Any body able to find the set of changes on uk a website yet? I found the below most recent article but it doesn't mention that tier 1 have to provide the letter from employee.

http://www.ukba.homeoffice.gov.uk/sitec ... ules-april

sheraz_aries wrote:Any body able to find the set of changes on uk a website yet? I found the below most recent article but it doesn't mention that tier 1 have to provide the letter from employee.

http://www.ukba.homeoffice.gov.uk/sitec ... ules-april

Thank you for that update. We will have to wait till tomorrow and see whether ,the letter required or not. New SET O Guidance and Form should give us more information, as to what is exactly required.

The immigration rules have now been updated to reflect what was stated in the statement of changes (March 2013) - which resulted in this discussion thread being created.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

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.

cs95tdg wrote:The immigration rules have now been updated to reflect what was stated in the statement of changes (March 2013) - which resulted in this discussion thread being created.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

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.

But this is same as the PDF earlier, I was expecting changes in the form guidelines .

You may need to be a bit patient for the UKBA to publish amended continuous residence guidelines & the updated SET(O) form. I remember there was a delay in the updated forms being published even in December last year.

Do note however that the immigration rules will always take precedence over guidance. The pdf you saw before was just a statement outlining the changes that would be implemented, now they are reflected within the immigration rules and therefore inforce.

Immigration rules are updated , 245AAA (b) is still in place so Tier1 general applicants don't need to submit any documents for absence if they are in 180days limit .

I think the whole confusion for Tier1 (G ) came from the following in Statement of changes

Delete paragraph 245AAA (b) and substitute:
“(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.
(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.”



I think they meant delete Delete paragraph 245AAA (b) and substitute: with 245AAA (b) & 245AAA (c), in old rules there was no 245AAA (c)

When I first read the post of the OP I wished it wont be applicable for the T1G but reading the updated rules, looks more like we need provide a letter. As I have the appointment on the 12th of April I am not sure If I will be able to get the letter from my previous employer (left them 3 yrs before).

As the Rules are updated and inforce, Reg the Employer letter,
"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. "

Does this mean, Employee letter is needed only when the purpose and period of absences is in connection with the employment AND including periods of annual leave, when taken while on Employment related Absence (outside UK)? For Example, should the letter be needed only, If one had to travel to US for employment related purpose and taken a annual leave for 3 weeks before coming back to the UK?

I am not sure your understanding. But the new included rule 245AAA (b) is asks for continuous employment and T1 (G) and some other categories are excluded.

Where as the newly included rule 245AAA (c) does not exclude T1 (G) and asks that 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

When you read the 245CD(j) and 245CD-SD it makes it clear that you need to get letter from employer for the absences which are business related or annual holidays. For the periods you were not employed, you need to give a personal letter. And for serious or compelling reasons, you need to provide a personal letter with other supporting documentation.

This is my understanding. Am I missing something??


[quote="vrsec666"]Immigration rules are updated , 245AAA (b) is still in place so Tier1 general applicants don't need to submit any documents for absence if they are in 180days limit .

I think the whole confusion for Tier1 (G ) came from the following in Statement of changes

Delete paragraph 245AAA (b) and substitute:
“(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.
(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.”



I think they meant delete Delete paragraph 245AAA (b) and substitute: with 245AAA (b) & 245AAA (c), in old rules there was no 245AAA (c)[/quote]

The new SET(O) form has been published by UKBA. Tier1 G holders applying for ILR will have to submit a letter from employee certifying their absence from the UK including periods of annual leave. Its clear in 6.2 under immigration history. It's hard to understand why on earth they need this evidence. I think this is going to cause a lot of trouble to a lot of people!

And the fees...lets not even go there!! PEO application with 1 dependent up by 520 odd pounds for the shambolic services they provide starting from the booking process !!

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

PEO Application with 3 dependants is £4915!!!!!
I wonder if there is any other appilcation in this world would cost such horrendous money.

Hi All,
Looking at the discussion above, does it mean that if someone applying for ILR within 21 days with old application form will not have to provide absence letter from employer for Tier 1 G ILR.

HI MS20,
I believe even if one uses the old application the CW can ask for the letter inline with the new rules.

Checking the new form published today :

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General);Tier 2 (Intra-Company Transfer);Tier 2 (General); Tier 2 (Minister of religion);
Tier 2 (Sportsperson); Tier 5 International Agreement, and permitted employment categories - except
Highly Skilled Migrants.

the letter asking for work related absenses only. if any experts can share their views on the previous questions posted relating the annual leaves i have asked would be great.

cs95tdg wrote:The immigration rules have now been updated to reflect what was stated in the statement of changes (March 2013) - which resulted in this discussion thread being created.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

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.

I think this rule is only for Tier1 General and their Dependants do not need to show their absences outside UK (considering they can prove stay for 2+ year)? Do dependants also need to provide letter from employer if working and personal letter of explanation if not working. Please confirm as due to apply very soon.

I infer only for applicants, UKBA do distinguish them as applicant and dependants.
This states only for applicant.

New application form also reflect the changes now. It's clear that Tier 1 (G) migrants also have to list and provide evidence for their absences.

Please check Section 6.2 and 6.3 (Page 14) of the New Set (O)
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It is now clear that Tier1 (G) will also be required to provide letters for all work related absences.

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General)

Still the question remains, it is asking evidence of all work related absences. What about non work related absences i.e. someone who was absent for a period when he/she had no job as my understanding is Tier1(G) does not requires to be economically active throughout the whole period?

Or someone who is unable to provide such evidence simply because the company does not exist anymore?

Seniors, shed some light on this please.

So in question 6.3 which box shall the person tick? Other ? and write in box below to state that a personal letter is provided as letters from the employer does not cover all the absences OR state any other valid reason for this?

Because, if I understand it right, the second option with Letter from applicant..... is not for the Tier1(G)

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.

HI cs95tdg, and ID,

That is clearly put. Can you please share your thoughts on this please?

C)Absences taken (for whatever reason – holiday/family visit etc…) in-between employment contracts: Personal Letter & evidence if possible.

Shouldn't this mean break in continuous period in UK as per this document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

rajan1981 wrote:Can you please share your thoughts on this please?

C)Absences taken (for whatever reason – holiday/family visit etc…) in-between employment contracts: Personal Letter & evidence if possible.

Shouldn't this mean break in continuous period in UK as per this document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

No, not in its own right. There could be instances where you do break your continuous residence, as indicated in the guidance: you exceed the allowed annual absence thresholds, your absences are in connection with other employment outside the UK, etc... Note that there can be many such reasons which indicate that the UK hasn't been your primary country of residence & that you do not intend to settle here. The guidance gives you/CW an idea of what constitutes a break and what isn't - it would however be impossible to quote every eventuality. The CW interprets the immigration rules with aid of the guidance and makes a decision based on the letters & evidence you provide.