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ILR - Tier 1 Gen- Short absences of personal nature?????????

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mkraja
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Posts: 55
Joined: Mon Jan 05, 2009 8:06 pm

ILR - Tier 1 Gen- Short absences of personal nature?????????

Post by mkraja » Mon Apr 21, 2014 1:41 am

Hi all,

I went through the guidance "Indefinite leave to remain – calculating continuous period in UK" and found these requirements somewhat not very clear about short absences outside the UK if the applicant is applying on the basis of having held Tier 1 General visa.

I quote 2 paragarphs from the guidance.


"No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR)"

"Absences must be for a reason consistent with the original purpose of entry to the UK or for
a serious or compelling compassionate reason in the following categories"


My question would be that whether Home Office policies allow Tier 1 (Gen) ILR applicants to have had spent short periods of time (say 3-4 weeks) for family visits to blood relatives abroad at all?, where such visits do not exceed 180 days in any consecutive 12 months periods leading to ILR application date. Does this policy mean that Home Office does not allow applicants to have had met their close relatives abroad for short periods of time? and put a bar on such applicants to be eligible for ILR when their main homeland had been the UK for last five years and they have established their businesses here?


I hope to have your kind detailed clarification on that. Has there been any ILR refusals on absence (less than 180) basis?

Thanks

mkraja
Junior Member
Posts: 55
Joined: Mon Jan 05, 2009 8:06 pm

Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by mkraja » Tue Apr 22, 2014 8:49 pm

Senior members, any reply please?

mightypower
Junior Member
Posts: 90
Joined: Sun Mar 23, 2014 6:49 pm

Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by mightypower » Tue Apr 22, 2014 10:35 pm

Didnt understand what u want, but where does it say it did not allow you to go holidays and meet ur relatives friends?

You have to provide reasons for the absense and if you go and meet ur relatives for short time, you need to mention as holidays work approved.

mkraja
Junior Member
Posts: 55
Joined: Mon Jan 05, 2009 8:06 pm

Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by mkraja » Wed Apr 23, 2014 7:15 pm

mightypower wrote:Didnt understand what u want, but where does it say it did not allow you to go holidays and meet ur relatives friends?

You have to provide reasons for the absense and if you go and meet ur relatives for short time, you need to mention as holidays work approved.
Hi I was referring to their wording........... "Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason"

I understand 'serious/compelling reasons' bit but finding it somewhat confusing how family visits fit in with "consistent with the original purpose of entry to the UK. How do they interpret it?

mightypower
Junior Member
Posts: 90
Joined: Sun Mar 23, 2014 6:49 pm

Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by mightypower » Wed Apr 23, 2014 10:05 pm

mkraja wrote:
mightypower wrote:Didnt understand what u want, but where does it say it did not allow you to go holidays and meet ur relatives friends?

You have to provide reasons for the absense and if you go and meet ur relatives for short time, you need to mention as holidays work approved.
Hi I was referring to their wording........... "Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason"

I understand 'serious/compelling reasons' bit but finding it somewhat confusing how family visits fit in with "consistent with the original purpose of entry to the UK. How do they interpret it?
Yes holidays meeting ur parents will be consistent (not taking work anywhere else) with your original purpose (taking up work life in UK as a resident) of entry.

mkraja
Junior Member
Posts: 55
Joined: Mon Jan 05, 2009 8:06 pm

Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by mkraja » Thu Apr 24, 2014 12:29 pm

Thanks for your clarification. Appreciate it :-)

Lmjr
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Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by Lmjr » Thu Apr 24, 2014 3:51 pm

I am in the same situation. Basically what you need to do (and what I am planning to do) is to provide letters from previous/current employer that you were on paid annual leaves during the times you were absent from the UK, if you were employed. If you were not employed for particular times and visited family outside the UK, no need to provide a letter as it is basically self-certifying it anyway ie there was no employer.

The key is that you were not absent for >180 days in each of the years of the 5 year qualifying period, if you are a Tier 1 General applicant.

I have read somewhere in here that some people got approved who were in the same situation above.

Go12
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Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by Go12 » Fri Apr 25, 2014 6:25 am

There are so many cases,where people got approved visa when they were out of uk unpaid but not more than 180 days.
But ukba is very unpredictable they keep changing rules so now it's fine with 180 days.i hope they do not reduce the nos of days outside.

mantasingh
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Joined: Sat Jul 03, 2010 12:23 pm

Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by mantasingh » Fri Apr 25, 2014 3:07 pm

I want one clarification on the same topic.
I cam to UK on deputation from an Indian company using my Tier 1 Visa. After staying in UK for 1.5 years, I was asked to come back due to offshoring. I went back and resigned in India and came back to UK after 80 days.
During those 80 days I received Salary in India.

Now does this mean that my continuity is broken.

Please clarify.
TIA

mightypower
Junior Member
Posts: 90
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Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by mightypower » Fri Apr 25, 2014 10:05 pm

DOnt show them that 80 days!!

vj.chaudhary123
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Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by vj.chaudhary123 » Fri May 09, 2014 12:41 am

Hello friends,
Please help...
I am Tier1 (General) and had few visits outside UK: Applying for my ILR on 30th May, 2014

Ist entry in UK on 6th May, 2009
1 Visit outside UK - As unemployed
2nd Visit - As unemployed
3rd Visit - Employed with my 1st employer
4th Visit - Employed with my 2nd employer
5th visit - As Self employed

All Holidays altogether are less than 180 days and for friends and family.

1st Question.....Do I still need to have the employer letter as evidence? and what evidence do i need to provide for my unemployed period? Is there any letter format for this explanation.

2nd Question.....I do not have all P60 with me But I have requested HMRC for 5 years employed history. Do you think it should work against P60 ??

hsr1972
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Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by hsr1972 » Fri May 09, 2014 1:34 pm

I don't think you need to provide a evidence for the absence when you are Un-employed or Self -Employed ...as long as you are absences are less than 180 days . Tier 1 route gives you a priviledge for both employed and un-employed/Self-employed. If you have worked for the employer you can get a letter from them for those number of absence days. I don't think P60 or HMRC Letter is mandatory to submit for HO. As we have discussed in this form people without being employed for continuous 5 years they have got ILR as long as they are absence or within 180 days in a year .

-hsr72

tim.larsen
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Re: ILR - Tier 1 Gen- Short absences of personal nature?????

Post by tim.larsen » Tue Jun 10, 2014 10:44 am

I'm worried about the following text from the "Indefinite leave to remain: calculating continuous period in UK" document, specifically the last sentence:

"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, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement.
Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer must be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.
However, time spent away from the UK for extended periods, particularly if the business no longer exists, would not be allowed."

I quit my job, and traveled for 135 days (four separate trips). I found a new job after.

Are there any examples of anyones else who has done something similar and still received ILR?

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