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

madhumesh
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Posts: 206
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
Newly Registered
Posts: 12
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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Posts: 232
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
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
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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Posts: 232
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

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Post by cs95tdg » Fri Dec 14, 2012 3:47 pm

rshelar wrote: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
I've provided a link to guidance under the following post: http://www.immigrationboards.com/viewto ... ht=#749055

Note also, if you take a look at page 13 of the latest SET(O) form, you'll clearly see this requirement elaborated by the questions asked and statements made.

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.

rshelar
Member
Posts: 232
Joined: Mon Feb 22, 2010 9:34 pm

Post by rshelar » Fri Dec 14, 2012 3:54 pm

Thanks.

Well then this is exactly what I was asking. As per the question asked it says "applying under".


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.

I am applying under T1G currently and the question does not refer to T1G applicants. However previously I was on WP, but not sure if the question is relevant for people historically on any of those categories.

Thanks
cs95tdg wrote:
rshelar wrote: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
I've provided a link to guidance under the following post: http://www.immigrationboards.com/viewto ... ht=#749055

Note also, if you take a look at page 13 of the latest SET(O) form, you'll clearly see this requirement elaborated by the questions asked and statements made.

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.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Post by cs95tdg » Fri Dec 14, 2012 4:17 pm

rshelar wrote:Thanks.

Well then this is exactly what I was asking. As per the question asked it says "applying under".

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.

I am applying under T1G currently and the question does not refer to T1G applicants. However previously I was on WP, but not sure if the question is relevant for people historically on any of those categories.
Yes, I agree that the form itself states "applying under", so if you read that alone it would not appear necessary. I concluded what I have stated before, primarily based on the CW guidance below (link provided above - Guidance –ILR – calculating continuous period in the UK – v6.0), but my interpretation may ofcourse be incorrect. These are early days as the rule changes came into effect yesterday, and there is still a lot of unclarity in certain areas which hopefully will get clearer in the coming days. I myself will be applying for ILR as a WP+T1G applicant next month so would definitely welcome clearer guidance.

Absences must be for a reason that is consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason in the following categories:
work permit holder
 representative of an overseas newspaper, news agency or broadcasting organisation
 representative of an overseas business
 employee of overseas governments (except those exempt from control) or the United Nations or other international organisation of which the UK is a member
 minister of religion, missionary or member of a religious order
 airport-based operational staff of overseas-owned airlines
 private servants in diplomatic households
 domestic workers in private households
 person established in business under an EC Association Agreement

And the following sub categories of the points-based system
 Tier 2 (Intra-Company Transfer)
 Tier 2 (General)
 Tier 2 (Minister of religion)
 Tier 2 (Sportsperson)
 Tier 5 International Agreement (private servants in diplomatic households granted under Rules in place before 6 April 2012 only).

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.

Caveat
Newly Registered
Posts: 6
Joined: Thu Nov 22, 2012 4:35 pm

ILR calculating continuous period 13 December 2012

Post by Caveat » Mon Dec 17, 2012 1:57 pm

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Updated to reflect recent changes (180 days etc) and how it is calculated.

Best

sojan
Member
Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Re: ILR calculating continuous period 13 December 2012

Post by sojan » Sun Dec 23, 2012 7:00 pm

Caveat wrote:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Updated to reflect recent changes (180 days etc) and how it is calculated.

Best
Thanks for that.
Still is complex for me.
Does that mean 180days per year
or 180days within 5 years?

Locked
cron