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Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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Simi UK
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Location: UK

Re: criminality threshold

Post by Simi UK » Thu Dec 13, 2012 11:15 am

ssidd wrote:My understanding is FINE is a non custodial sentence...It means for fine one have to wait 24 months....am i right?
Yes, I think if you will have to wait 24 months!!!

ssidd
Member
Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

criminality threshold

Post by ssidd » Thu Dec 13, 2012 11:28 am

Any other expert opinion plzzzz!!!
Random life is difficult but systematic is much easier!!
SIDD

SONAKSHI
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Location: London

Post by SONAKSHI » Thu Dec 13, 2012 11:43 am

"admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record."
FPN are not recorded in the criminal records. So if it is not recorded in the criminal records, does that mean that the ILR will be successful.
Less is More

ryan2020
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Location: England

Post by ryan2020 » Thu Dec 13, 2012 1:48 pm

cs95tdg wrote:Thanks for publishing this. Note that new SET(O) guidance has also been published now (version 12/2012). I don't however see a new SET(O) application form.

http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/

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

this is old guidance ? i cant find version 12/2012

ukswus
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Post by ukswus » Thu Dec 13, 2012 2:02 pm

Ok, it's finally posted:


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


My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.

cs95tdg
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Post by cs95tdg » Thu Dec 13, 2012 2:04 pm

While the new (version 12/2012) SET(O) guidance was available this morning the form wasn't. If you check now, you'll notice that both the new form and guidance are available. Check the first page and page footer to ensure you are looking at the latest version.

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

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

ryan2020
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Post by ryan2020 » Thu Dec 13, 2012 2:09 pm

ukswus wrote:Ok, it's finally posted:


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


My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.
form says tier 1 general also have to submit compassionate evidence only if exceed from 180 days am i right ?

so we are waiting for guidance notes right ??
Last edited by ryan2020 on Thu Dec 13, 2012 2:15 pm, edited 1 time in total.

ukswus
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Post by ukswus » Thu Dec 13, 2012 2:10 pm

ryan2020 wrote:
ukswus wrote:Ok, it's finally posted:


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


My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.
form says tier 1 general also have to submit compassionate evidence
Yes, and where did I write anything to the contrary?...

sherkhan297
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90 day rule?

Post by sherkhan297 » Thu Dec 13, 2012 2:14 pm

Couldnt find anything about the 90 day rule.. does that still hold?

I was refused in 2011 though I had exactly 180 days out in 5 years- this included 1 long absence of 105 days. (while on work permit in 2008). I have now had tier 1 since Jan 2010.

If the 90 day rule is relaxed, would I qualify for ILR?

Thanks

ryan2020
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Location: England

Post by ryan2020 » Thu Dec 13, 2012 2:16 pm

cs95tdg wrote:While the new (version 12/2012) SET(O) guidance was available this morning the form wasn't. If you check now, you'll notice that both the new form and guidance are available. Check the first page and page footer to ensure you are looking at the latest version.

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

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
guidance still not available...

cs95tdg
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Post by cs95tdg » Thu Dec 13, 2012 2:24 pm

ryan2020 wrote:
cs95tdg wrote:While the new (version 12/2012) SET(O) guidance was available this morning the form wasn't. If you check now, you'll notice that both the new form and guidance are available. Check the first page and page footer to ensure you are looking at the latest version.

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

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
guidance still not available...
That is rather strange as I'm looking at it as I type now. When you say the guidance isn't available are you saying you still see the guidance dated 07/2012, i.e. the previous version? You may want to try and clear your local browser cache, if you are.

ukswus
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Post by ukswus » Thu Dec 13, 2012 2:24 pm

ryan2020 wrote:
ukswus wrote:Ok, it's finally posted:


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


My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.
form says tier 1 general also have to submit compassionate evidence only if exceed from 180 days am i right ?

so we are waiting for guidance notes right ??
It doesn't say it explicitly, but it says this:

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

Evidence of absence due to compelling or compassionate reasons is also required from all of the above categories, and those applying under the Tier 1 (General); Business person; Self-employed person; Investor; Innovator; Writer; Composer, and Artist categories.

Also, for Tier 1 General specifically:

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:

D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these absences.


It's all a bit confusing. I just assume that if they don;t expect any explanations from Tier 1 holders in question D2 and D3 if total stay is under 180 days, this implies they don't expect any evidence in such cases (compassionate or not). However, if total stay is over 180 days over 5 years, they will expect compassionate evidence only. It makes little sense to me (eg, I can have 300 days over 5 years, 280 odf which can be paid leave and work travel, and just 20- compassionate leave). Why would they be only interested in 20 days? Would they just take my word for 280 days? Anyway, it is what it is.

sherkhan297
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Post by sherkhan297 » Thu Dec 13, 2012 2:30 pm

Thanks very much for your responses...really appreciate it

In which case.. For my scenario.. I would have to say 'Yes' to 'D2' and provide an explanation for the 105 days (over 3 months) absence.. my concern is will this be sufficient or this is still grounds for refusal..

It was a business trip - but was refused in 2011 and they said it was due to break in continious stay in the UK

I could apply in Oct 2013 but if the rule was in favour..it would save an extension of T1 G due in january..

M2008
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Post by M2008 » Thu Dec 13, 2012 2:43 pm

if I give reason for absence as 'some one ill in family' say for 20 days absence

DO I need to give 'compelling or compassionate reasons' letter along with medical certificate

Simi UK
Junior Member
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Joined: Tue Jan 24, 2012 8:34 pm
Location: UK

Post by Simi UK » Thu Dec 13, 2012 2:48 pm

Hi,

I want to ask a question on criminal conviction. We need to mention this in the form even after the new changes, whether spent or unspent??

Also as a Tier 2 migrant is it mandatory to give evidence of paid annual leaves even when they are less than 180 days?

jsamad
Newbie
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Joined: Fri Apr 20, 2012 1:46 pm

Post by jsamad » Thu Dec 13, 2012 2:51 pm

Hi,
If ia person who was on Work Permit and later changed to Tier 1, should that person show evidence for the leaves taken while on Work permit? or that person would fall under Tier 1 rules and not required to do so the same?
Could some one please clarify.

fomsand1
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Posts: 91
Joined: Thu Jan 05, 2012 9:12 am

Post by fomsand1 » Thu Dec 13, 2012 2:51 pm

Took the below from the updated version of the new form Version 12/2012:

7.2. Please give details below for each criminal conviction, starting with the most recent one.
If you or any dependants who are applying with you have received more than two convictions,
please photocopy this page and enclose it with this form.
Note: We will carry out criminal record checks on all applicants and dependants. You must
give details of all unspent and spent criminal convictions. This includes road traffic offences
but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a
sentence of the court. This includes all drink-driving offences.


So this means that anyone concerned about FPN, speeding or parking tickets, Fare evasion, unpaid bills etc for which they were not summoned to appear in court are safe. Hope this clears any confusion here? But if you were summoned to appear in court, then this spells trouble :cry:

ilrupdates
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Post by ilrupdates » Thu Dec 13, 2012 2:52 pm

Amendments to clarify the absences from the UK that are allowed during the continuous residence period for settlement for Tier 1 (General), Tier 2 and pre-points based system work routes (for example work permits, self-employment and business person).

ukba has stated on its website the statement, but I can not see the changes to clarify the absences from the UK during Tier1 (General)
Please can any body tell me what relaxation has been given on absences during Tier 1 general stay and before application of ILR
THANKS

samira_uk
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Post by samira_uk » Thu Dec 13, 2012 3:01 pm

As always UKBA forms are ill-designed and vague.

SET (O) form:

In section 6:
According to the rules Tier 1 General should provide absence documents only if the absences were due to serious or compelling reasons. But questions 6.3 is not clear and seems if applicant should provide evidence for all absence and there is no "Not Applicable" option available for a Tier 1 G which did not have any absence due to serious or compelling reasons.

in section D of Part 9 for Tier 1 General:
Questions D1-D3 should be removed as they are not required according to the new rules

Simi UK
Junior Member
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Location: UK

Post by Simi UK » Thu Dec 13, 2012 3:06 pm

About Criminal Conviction,

If you were summoned in the court and its been 24 months now, still you will be successful

245GD. Requirements for leave to remain
To qualify for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant. (read the general grounds of refusal below)

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1C) where the person is seeking indefinite leave to enter or remain:
(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or
(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or
(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or
(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

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