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New Immigration Rules

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.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, Zimba

SONAKSHI
Junior Member
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Location: London

Post by SONAKSHI » Thu Dec 13, 2012 3:23 pm

Hi all, I still cannot locate the revised guidelines for Set O issued today- 12/2012. all the links through the forum or in the UKBA website lead to the previous guidelines 07/2012. Would someone be able to PM me the revised guidelines.
Many thanks in advance
Less is More

ukswus
Senior Member
Posts: 680
Joined: Fri Nov 27, 2009 4:34 pm

Post by ukswus » Thu Dec 13, 2012 3:29 pm

samira_uk wrote:As always UKBA forms are ill-designed and vague.

SET (O) form:

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.
I would not interpret it this way. You may simply omit ticking any boxes (otherwise choose Letter from applicant detailing reasons for absence due to compelling or compassionate reasons option, if you are Tier 1).

Actually, even Tier 1 Investors and Entrepreneurs have to complete 6.2. By extension, they have to complete 6.3, but there is no option for them there.

ryan2020
- thin ice -
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Location: England

Post by ryan2020 » Thu Dec 13, 2012 6:22 pm

cs95tdg wrote:
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.

i went to UKBA website and download gudiance.. its the old one i'm getting...

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

criminality threshold

Post by ssidd » Thu Dec 13, 2012 6:29 pm

What does non custodial sentence mean? Does court fine is a non custodial sentence?

Plz advice me!!!!
Random life is difficult but systematic is much easier!!
SIDD

sushdmehta_fan
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Joined: Tue Jun 07, 2011 8:31 pm
Location: Kent

Re: criminality threshold

Post by sushdmehta_fan » Thu Dec 13, 2012 6:50 pm

ssidd wrote:What does non custodial sentence mean? Does court fine is a non custodial sentence?

Plz advice me!!!!

Suspended sentences !!

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

Post by ssidd » Thu Dec 13, 2012 8:33 pm

does court fine is a suspended sentence?
Random life is difficult but systematic is much easier!!
SIDD

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

criminality threshold

Post by ssidd » Fri Dec 14, 2012 8:29 am

Hi,
I just noticed that in TIER 1 GENERAL EXTENSION there is same clause which says.....
General ground of refusal.

Does it mean that one with court FINE with in last 24months of application even due to a traffic offence is unable to extend their TIER 1 as well?

Please guide me specially GURU'S.

Regards
Sidd
Random life is difficult but systematic is much easier!!
SIDD

ramay
Member
Posts: 152
Joined: Wed Nov 09, 2011 6:49 pm

guidance

Post by ramay » Fri Dec 14, 2012 6:38 pm

someone needs the guidance? here it is
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

movingtobirmingham
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Joined: Mon Oct 29, 2012 12:01 am

Post by movingtobirmingham » Fri Dec 14, 2012 7:44 pm

I think I'm even more confused about the most latest guidance than previous ones. In reference to the December 13 "ilr-calculating-continuous.pdf" document, on page 10 it seems, if I'm reading correctly, that a tier 2 general visaholder would still only be allowed 180 days over the 5 year period; however on page 16, and until the end of the document, they shift discussion to "Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken." I will need to travel for work (let's say about 30 days/year), and additionally will probably have about 20 days a year of personal leave during "paid annual leave" periods -- would this mean that my application for ILR (in 5 years time) then be exceptional?

cs95tdg
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Location: London

Post by cs95tdg » Fri Dec 14, 2012 10:07 pm

movingtobirmingham wrote:In reference to the December 13 "ilr-calculating-continuous.pdf" document, on page 10 it seems, if I'm reading correctly, that a tier 2 general visaholder would still only be allowed 180 days over the 5 year period;
This isn't correct. On page 10 what it states is "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).". There is also an example:

The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:
Year 1: 11 November 2012 to 10 November 2011
Year 2: 11 November 2011 to 10 November 2010
Year 3: 11 November 2010 to 10 November 2009
Year 4: 11 November 2009 to 10 November 2008
Year 5: 11 November 2008 to 10 November 2007

movingtobirmingham wrote:I will need to travel for work (let's say about 30 days/year), and additionally will probably have about 20 days a year of personal leave during "paid annual leave" periods -- would this mean that my application for ILR (in 5 years time) then be exceptional?
No. You will not cross the allowed absence threshold based on the days mentioned here. But you will need a letter from your employer for each of these absences - if you are a Tier 2 G migrant.

samira_uk
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Post by samira_uk » Sat Dec 15, 2012 8:48 am

I have a concern about the new IDI guidance on 5 years absences too:

it is said on the bottom of page 11:

In the following categories, 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

And the Tier 1 General mentioned as one of the categories. Then, what they mean for"purpose of being here"? For example, I did not find work and come back to my country for 2 month and then returned to the UK. It will count toward a break? However, they said that evidence needed for compelling reasons only!!!

To be honest, on one side, they increase the allowed absences to 180 days and it was a good news. On the other side, their wording is very unclear and makes more stress that they may refuse based on the fact that your absence was not connected with the purpose of your being here!!!

rajesh9pl
Senior Member
Posts: 857
Joined: Thu Feb 03, 2005 9:40 am
Mood:

Post by rajesh9pl » Sat Dec 15, 2012 9:40 am

I am reading this discussion with lots of interest and quite eager to post my question.

I entered UK in the first week of my initial visa start date. However, I stayed in UK for only two days and left. Later, I came back to UK after 147 days and since then I have been living here continuously.

I am in UK on Tier1 (General) Main.

Would I be able to apply for ILR based on my initial entry? I mean, would they ignore absence of 147 in first year?

Many thanks.

M2008
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Posts: 105
Joined: Fri Nov 09, 2012 10:12 am

Post by M2008 » Sat Dec 15, 2012 9:58 am

samira_uk wrote:I have a concern about the new IDI guidance on 5 years absences too:

it is said on the bottom of page 11:

In the following categories, 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

And the Tier 1 General mentioned as one of the categories. Then, what they mean for"purpose of being here"? For example, I did not find work and come back to my country for 2 month and then returned to the UK. It will count toward a break? However, they said that evidence needed for compelling reasons only!!!

To be honest, on one side, they increase the allowed absences to 180 days and it was a good news. On the other side, their wording is very unclear and makes more stress that they may refuse based on the fact that your absence was not connected with the purpose of your being here!!!
absences must be for reasons connected with the applicant’s purpose for being in the UK --> 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.

You can still say looked for work staying outside UK or inside. no proof is required as they mentioned proof only required for compelling or compassionate reasons only

samira_uk
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Post by samira_uk » Sat Dec 15, 2012 11:26 am

Yes I know it but why they made it so confusing? They could make it as simple as Tier 1 ent or Tier 1 investor. If you were outside the UK for less than 180 days OK that's fine and if no you should submit documents. Anyone can say I was looking for job. Then, what is the value of this? UKBA is making everything complicated or in worse case may refuse cases based on junk interpretation of the rules.

In addition, in the new immigration rules published on 13th Dec there is no such thing like purpose of stay and I think ECO should process based on the rules no on the IDI.

samira_uk
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Post by samira_uk » Sat Dec 15, 2012 11:28 am

Moreover, what happens if someone outside the UK for example 2 months as holiday (it can be a case for temporary worker or sole traders)

Believe me, they always want that we keep worrying of something.

JohnM
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Post by JohnM » Sat Dec 15, 2012 11:36 am

samira_uk wrote:Yes I know it but why they made it so confusing?
Well, I think they deliberately make it so confusing so that in case of some sort of crisis, if they don't want immigrants, or some particular immigrant or group of immigrants, they can interpret these rules as they want.

There were a lot of fine examples in UK history. For example, they deported a group of Russian Cossacks (several thousands) at the beginning of 20th century because they got "guarantee" by Soviet government, which was not even officially recognised as such by US, that they would be safe in Russia. All Cossacks were executed promptly after arriving in Russia. UK also was not particularly welcoming to Jews during Second World War. So there are a lot of fine examples why they write rules so confusing. It is a good old British tradition.

samira_uk
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Post by samira_uk » Sat Dec 15, 2012 12:17 pm

Yes I agree with you. But caseworker cannot act based on guidance and only immigration rules matter. In the rules, there are two categories: Sponsored worker and non-sponsored. The first group should submit evidence and second group should submit only the reason was compelling.

But in the guidance actually there are three groups: sponsored, non-sponsored other than Tier 1 G and HSMP and Tier 1 G and HSMP. The last group should say the reason and the reason should connect to their being in the UK! It was not said anywhere in the rules.

If the caseworkers are going to refer to this confusing and meaningless guidance, we will see many appeal cases in the courts I guess.

ukswus
Senior Member
Posts: 680
Joined: Fri Nov 27, 2009 4:34 pm

Post by ukswus » Sat Dec 15, 2012 12:30 pm

samira_uk wrote:Yes I agree with you. But caseworker cannot act based on guidance and only immigration rules matter. In the rules, there are two categories: Sponsored worker and non-sponsored. The first group should submit evidence and second group should submit only the reason was compelling.

But in the guidance actually there are three groups: sponsored, non-sponsored other than Tier 1 G and HSMP and Tier 1 G and HSMP. The last group should say the reason and the reason should connect to their being in the UK! It was not said anywhere in the rules.

If the caseworkers are going to refer to this confusing and meaningless guidance, we will see many appeal cases in the courts I guess.
Samira_uk, I think you have a justified concern. I also think that UKBA is overstepping its authority in interpreting immigration rules. I would not stress too much about it now (it's too early, and they may issue additional clarifications), but at the moment it does seem that they put Tier 1 holders even to the more rigorous continuous residence test than the sponsored workers. I talk about this in more detail on this thread:

http://www.immigrationboards.com/viewtopic.php?t=120750

If news starts to trickle in that they start refusing ILR applications for Tier 1 holders for trivial reasons (e.g., a few weeks of unpaid holidays over the 5 year period), all of us should think about coordinated response.

crazyvish
Newbie
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Joined: Wed Jan 21, 2009 9:58 pm

ILR SET (O)

Post by crazyvish » Sun Dec 16, 2012 10:27 pm

The old application form SET(O) seems more straight forward and easy for me. I am attending PEO on 20th Dec. I am going to use the old application form as it is valid for 28 days from the day the new application came into force.
In line with paragraph 34(i) of the Immigration Rules, we will continue to accept applications made on the previous version of these forms up to and including 3 January 2013. We will consider any application submitted on or after 13 December 2012 under the revised Immigration Rules regardless of which version of the application form is sent.

SriGan
Newbie
Posts: 47
Joined: Wed Jan 18, 2012 4:09 pm

More than 90 days leave in a single stretch

Post by SriGan » Mon Dec 17, 2012 3:43 pm

Members,

I am on Tier 1 Gen Visa and have exceeded the 90 days absence in singles stretch. This was for Business Trip for Offshore Operations (105 days). Got Employer Letter also.Other than this in each year, i have no leaves extending more than 180 days.

Am I eligible to apply? Will my application gets rejected straight away?

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