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New rules - Allowable absences for ILR to be relaxed

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

jsamad
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Post by jsamad » Thu Dec 06, 2012 12:13 pm

Should we need to provide proof for the period outside UK even if its less than 90days in continuous or less than 180days in overall 5 year period for Tier -1 General applicants?

cs95tdg
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Post by cs95tdg » Thu Dec 06, 2012 12:39 pm

We will need to wait patiently until next week to get the answers to the last few questions raised on this thread. I expect to see the amended/confirmed policy guidance, published by the UKBA on Dec 13th & not before. Hopefully there will be more clarity on the areas that are slightly ambiguous & therefore subject to individual interpretation at the moment. Whether or not new application forms (E.g. SET(O)) will be published will depend on whether any amendments are required to accomodate the stated changes.

ryan2020
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Location: England

Post by ryan2020 » Thu Dec 13, 2012 8:43 am

today is 13th December. i can't see any new set o form or set o guidance pdf ?

please comment.

cs95tdg
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Post by cs95tdg » Thu Dec 13, 2012 10:26 am

ryan2020 wrote:today is 13th December. i can't see any new set o form or set o guidance pdf ?

please comment.
Please see http://www.immigrationboards.com/viewto ... ht=#748278

New guidance has now been published.

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

Post by M2008 » Thu Dec 13, 2012 10:59 am

Looks tier 1 (general) visa holder no need to submit any letters for absenses. But it is better take print out of rule if they demand for any letter

(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA, where the absence was due to a serious or compelling reason.

245CD-SD Specified documents
The specified documents referred to in paragraph 245CD(j) are:

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.

245AAA. General requirements for indefinite leave to remain

(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:

(i) 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; and

(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons.

SriGan
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Does it override 90 days rule?

Post by SriGan » Thu Dec 13, 2012 11:03 am

Since 180 days or less are allowed absences in any calendar month, does it mean that continuous leave of 90 days are NOT in effect any more?

M2008
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Post by M2008 » Thu Dec 13, 2012 11:18 am

No news on 90 days...but 180 days in 5 years.

(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

SriGan
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Post by SriGan » Thu Dec 13, 2012 11:47 am

In the form I could see that,
Please confirm that you have not been absent from the United Kingdom for more than 180 days in any 12 calendar months during the specified period of continuous leave:

I have not been absent for more than 180 days in any 12 calendar months during the specified period of continuous leave.
I am perceiving it as that in any of the 12 month period, our absence should not exceed 180 days and we are allowed to take 180 or less abscence in each year.Also this rule makes the 90 days rule void.

Is my understanding correct?

jsamad
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Post by jsamad » Thu Dec 13, 2012 12:00 pm

Does this mean, if a person who has been on WP before converting it into Tier1(General) and if that person has any leave while on WP should provide proof for the leaves?
M2008 wrote:Looks tier 1 (general) visa holder no need to submit any letters for absenses. But it is better take print out of rule if they demand for any letter

(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA, where the absence was due to a serious or compelling reason.

245CD-SD Specified documents
The specified documents referred to in paragraph 245CD(j) are:

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.

245AAA. General requirements for indefinite leave to remain

(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:

(i) 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; and

(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons.

pkumar
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Post by pkumar » Thu Dec 13, 2012 7:25 pm

i am confused reading different topics ... seems like new form and guidance still not there?

Eliyas
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Joined: Tue Dec 04, 2012 6:36 pm

New set(o) form and guidance is available now.

Post by Eliyas » Thu Dec 13, 2012 8:49 pm

New set(o) form and guidance is available now.

Refer to ukba website...

SONAKSHI
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Location: London

Post by SONAKSHI » Thu Dec 13, 2012 8:57 pm

hi- I can find the new form but still cannot find the guidance.
Less is More

madhumesh
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India

Post by madhumesh » Thu Dec 13, 2012 9:25 pm

I am also wondering impact of this on delayed entry of more than 90 days in first year. My question is

1) What happens if entry is delayed by more than 90 days but less than 180 days, can this be treated as absence for compelling reason?

2) if delayed entry is not treated as absence, then is it not unfair on these people, and can this be open to legal challenges?

cs95tdg
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Post by cs95tdg » Fri Dec 14, 2012 1:23 pm

madhumesh wrote:1) What happens if entry is delayed by more than 90 days but less than 180 days, can this be treated as absence for compelling reason?
Delayed Entry is independent to the absence threshold for ILR. I.e. you cannot be absent from the UK until you first enter the UK. The concession for late entry still stands as 3 months, there is no change in that.

If someone entered the UK over 3 months after their EC then that would mean that their ILR clock would begin from the date of entry instead of EC, that is all.

Independent to this, they will need to meet the absence requirements from the date of entry.

cs95tdg
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Location: London

Post by cs95tdg » Fri Dec 14, 2012 1:26 pm

jsamad wrote:Does this mean, if a person who has been on WP before converting it into Tier1(General) and if that person has any leave while on WP should provide proof for the leaves?
According to my understanding of the rules and case worker guidance, the answer to your question is yes. You will need a letter from your WP employer to account for your absences (Annual Leave & Business related) while here as a WP Holder.

madhumesh
Member
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Joined: Sun Nov 27, 2011 12:25 am
India

Post by madhumesh » Fri Dec 14, 2012 2:27 pm

Thanks cs95tdg,

I too have noticed no change in 90 days rule in continuous residency guidance. What I am wondering is how suceptible it is to legal challenge because someone can have compassionate reason(like medical emergency/ natural disater) for delayed entry.
The period between entry clearance being issued and the applicant entering the UK may be toward the qualifying period, as long as it does not exceed 90 days. This can occur the applicant is delayed travelling to the UK. Provided the period of delay does not exceed days, it will not be counted as an absence
cs95tdg wrote:Delayed Entry is independent to the absence threshold for ILR. I.e. you cannot be absent from the UK until you first enter the UK. The concession for late entry still stands as 3 months, there is no change in that.

If someone entered the UK over 3 months after their EC then that would mean that their ILR clock would begin from the date of entry instead of EC, that is all.

Independent to this, they will need to meet the absence requirements from the date of entry.

maliksab
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Joined: Wed Nov 07, 2012 9:21 am

urgent

Post by maliksab » Fri Dec 14, 2012 3:02 pm

i have appointment on 28th of dec 2012.

i am on tier1 general visa and has been working on a contract job and i have taken two of the hlidays as 15days and 55days as unpaid leave. both of these holidays were for marriage but the issue is that i had just nikkah during the initial 15 days and then during 55days i actually got married but i don't know how to make british people understand this situation.
my total holidays including above two are 214 and rest of all were paid as i was working on a staff job.

how would i justifiy these unpaid holidays.

please advise? it's urgent

rshelar
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Joined: Mon Feb 22, 2010 9:34 pm

Post by rshelar » Fri Dec 14, 2012 3:18 pm

Ok...can someone answer a quick question please -

I am applying for ILR in few weeks and I am safely within the 90 day rule and the 180 day rule.

However I was initially on WP (old rule) and then on T1G. I had absences from the UK when I was on WP.

Do I still need any documentation from my old employer with whom I was on WP for the leaves ? Note that I am safe wrt 90 and 180 days rule.

Thanks in advance

cs95tdg
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Location: London

Post by cs95tdg » Fri Dec 14, 2012 3:21 pm

rshelar wrote:Ok...can someone answer a quick question please -

I am applying for ILR in few weeks and I am safely within the 90 day rule and the 180 day rule.

However I was initially on WP (old rule) and then on T1G. I had absences from the UK when I was on WP.

Do I still need any documentation from my old employer with whom I was on WP for the leaves ? Note that I am safe wrt 90 and 180 days rule.

Thanks in advance
The same question has been asked/answered under this same thread. Please see http://www.immigrationboards.com/viewto ... ht=#748954

rshelar
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Joined: Mon Feb 22, 2010 9:34 pm

Post by rshelar » Fri Dec 14, 2012 3:39 pm

Thanks for your reply.

Well the other person may have leaves exceeding 90 or 180 days.

My query is more if someone is easily within the limits of the holiday's does he still need a proof for the leaves for the time he is on WP.

If yes, can you provide an official link etc as that would be helpful.

Once again thx

cs95tdg wrote:
rshelar wrote:Ok...can someone answer a quick question please -

I am applying for ILR in few weeks and I am safely within the 90 day rule and the 180 day rule.

However I was initially on WP (old rule) and then on T1G. I had absences from the UK when I was on WP.

Do I still need any documentation from my old employer with whom I was on WP for the leaves ? Note that I am safe wrt 90 and 180 days rule.

Thanks in advance
The same question has been asked/answered under this same thread. Please see http://www.immigrationboards.com/viewto ... ht=#748954

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