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Hi all,

I have been away from uk in 2011 forr 150 days and in 2012 for 173 days for holiday do i need extentend my tier 1 (general) visa again or am i elgible as per new rules.

thanks

1nithya wrote:Hi all,

I have been away from uk in 2011 forr 150 days and in 2012 for 173 days for holiday do i need extentend my tier 1 (general) visa again or am i elgible as per new rules.

thanks

u r fine,,within limit

Hi dear safdar how is she fine with her absences? she was absent from UK for more than 180 days i.e she was away for 323 days in total where as the maximum total allowed absence is 180 days in general.

please how would you support your statement above
thanks

ilrupdates wrote:how is she fine with her absences? she was absent from UK for more than 180 days i.e she was away for 323 days in total where as the maximum total allowed absence is 180 days in general.

please how would you support your statement above

The rules have changed since 13th Dec 2012, now an applicant is allowed a maximum of 180 days for each 12 month period during their 5 year residency, but with a letter (employer/personal) & or evidence to confirm that they were taken as paid annual leave/business related travel/serious compelling reasons, depending on the immigration category you are applying under. Please see the new immigration rules & policy guidance to understand further.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

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

Thanks dear "CS95TDG" for replying to my query , but I am still bit confused that is the maximum allowed absence (180 days) for every 12 months or its for the whole 5 years (12 x 5= 60 months) period please.?
and if it is for every 12 months in 5 years time period, it means the people who have, say for example 210 days absence spread over 5 years time period, they even don't need any evidence or letter for their absence because they were not absent more than 180 days in any of 12 months period. is that true? (I am specifically speaking about tier 1 General applicants)

Hi cs95tdg,

I do have the same question what ilrupdates have.

So with the new rule *as I understand* one can be away for 180 days every 12 months however showing s/he was getting paid. Is that right ?

Hi Friends,
This is my first post on this board, I have come to UK in 2008 March and In total I have taken 199 days away from UK,in that 154 are paid annual leave,in that sept 2012-36 days paid leave (father illness, medical reports to support as evidence) +45 days absent(dec 2009)
Please suggest me ,am I eligible for settlement and sept 2012-36 days leave will be considered as discretion for continuous stay.
I appreciate your reply in this matter
pbp2008

This is my first post on this site. I have a number of questions (but one at a time) regarding the new 13th December rules regarding ILR (in relation to Tier 1 (General) visas).


I generally take about 5 -6 weeks leave per year. I am up to about 150 days over the period since entry clearance on 1st July 2008. (VERY Annoyingly I decided not to book a trip back to Australia to see my family this xmas because i believed i only had 30 more days until i had reached 180 until i can apply for ILR in June/July - and now it seems the rules have changed to 180 days in any 12 month period!).

What if you work on a contract and dont get paid for your annual leave? I have been on a rolling 3 month contract for about 4.5 years. The rules just seem to talk about paid annual leave?

ilrupdates wrote:Thanks dear "CS95TDG" for replying to my query , but I am still bit confused that is the maximum allowed absence (180 days) for every 12 months or its for the whole 5 years (12 x 5= 60 months) period please.?

It's 180 days for each 12 month period. See Immigration rule 245AAA under http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

ilrupdates wrote:if it is for every 12 months in 5 years time period, it means the people who have, say for example 210 days absence spread over 5 years time period, they even don't need any evidence or letter for their absence because they were not absent more than 180 days in any of 12 months period. is that true? (I am specifically speaking about tier 1 General applicants)

Based on my understanding of the latest rules & guidance, Tier 1 General Applicants do not require evidence for annual leave absences unless they were for serious or compelling reasons. If the reason for the absence you mention is due to serious or compelling reasons (this is irrespective of whether these particular absences were within the 180 days threshold or not) then you will need to include a personal letter by the applicant along with appropriate evidence as detailed below. Personally I would list all absences as annual leave holiday if they are within the 180 days threshold as in this case no evidence is required. Note, it would be best if you read the guidance and rules to make sure you understand the explicit details required.

See page 11-12: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Compassionate reasons will vary but can include serious illness of the applicant or a close relative, a conflict or a natural disaster, for example, volcanic eruption or Tsunami. Evidence in the form of a letter from the applicant setting out the reason for the absence and documents of support must be provided. For example:
 medical certificates
 birth or death certificates
 evidence of disruption to travel arrangements.
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:
 UK ancestry
 business person
 investor
 innovator
 writer, composer, or artist
 retired person of independent means
 Tier 1 (General)
 Highly skilled migrant programme (not applying under Appendix S of the rules)

man4uni wrote:Hi cs95tdg,

I do have the same question what ilrupdates have.

So with the new rule *as I understand* one can be away for 180 days every 12 months however showing s/he was getting paid. Is that right ?

Yes, the 180 day absence threshold allowed each year, is for paid annual leave.

pbp2008 wrote:Hi Friends,
This is my first post on this board, I have come to UK in 2008 March and In total I have taken 199 days away from UK,in that 154 are paid annual leave,in that sept 2012-36 days paid leave (father illness, medical reports to support as evidence) +45 days absent(dec 2009)
Please suggest me ,am I eligible for settlement and sept 2012-36 days leave will be considered as discretion for continuous stay.
I appreciate your reply in this matter
pbp2008

You have not mentioned what immigration category you are here under or your EC date. This would information would help others answer your question. Please do read the latest immigration rules & guidance (URL's already provided in this topic) to make sure you understand the rules as well. 180 days of absence are allowed for each 12 month period during your 5 year residency. Note that any absence that is due to serious or compelling reasons will need to be supported by a personal letter by the applicant along with appropriate evidence.

gaia13 wrote:What if you work on a contract and dont get paid for your annual leave? I have been on a rolling 3 month contract for about 4.5 years. The rules just seem to talk about paid annual leave?

Unfortunately this (unpaid annual leave for Tier 1 General Migrants) is one of the areas that doesn't seem to be addressed in the immigration rules or guidance. I would like to hear other opinions on this or if anyone has found references to this in any of the latest immigration rules or guidance. Personally I would think that, so long as your absences do not exceed the allowed 180 day annual threshold, then you would be fine. But there is no UKBA reference to support this at the moment.

Hi,

I have the similar situation my wife was away for 157 days in stretch and plus 40 days in one calendar year. In one year she took 197 day holiday (maternity leave) as i see that evidence document stated birth certificate. Advise please is the maternity ground is compelling ground for application.

cs95tdg wrote:

ilrupdates wrote:Thanks dear "CS95TDG" for replying to my query , but I am still bit confused that is the maximum allowed absence (180 days) for every 12 months or its for the whole 5 years (12 x 5= 60 months) period please.?

It's 180 days for each 12 month period. See Immigration rule 245AAA under http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

ilrupdates wrote:if it is for every 12 months in 5 years time period, it means the people who have, say for example 210 days absence spread over 5 years time period, they even don't need any evidence or letter for their absence because they were not absent more than 180 days in any of 12 months period. is that true? (I am specifically speaking about tier 1 General applicants)

Based on my understanding of the latest rules & guidance, Tier 1 General Applicants do not require evidence for annual leave absences unless they were for serious or compelling reasons. If the reason for the absence you mention is due to serious or compelling reasons (this is irrespective of whether these particular absences were within the 180 days threshold or not) then you will need to include a personal letter by the applicant along with appropriate evidence as detailed below. Personally I would list all absences as annual leave holiday if they are within the 180 days threshold as in this case no evidence is required. Note, it would be best if you read the guidance and rules to make sure you understand the explicit details required.

See page 11-12: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Compassionate reasons will vary but can include serious illness of the applicant or a close relative, a conflict or a natural disaster, for example, volcanic eruption or Tsunami. Evidence in the form of a letter from the applicant setting out the reason for the absence and documents of support must be provided. For example:
 medical certificates
 birth or death certificates
 evidence of disruption to travel arrangements.
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:
 UK ancestry
 business person
 investor
 innovator
 writer, composer, or artist
 retired person of independent means
 Tier 1 (General)
 Highly skilled migrant programme (not applying under Appendix S of the rules)

hi dear cs95tdg
thank you very much for your detailed and well explained reply. its quite clear to me now. thanks a lot

cheersmate wrote:Hi,

I have the similar situation my wife was away for 157 days in stretch and plus 40 days in one calendar year. In one year she took 197 day holiday (maternity leave) as i see that evidence document stated birth certificate. Advise please is the maternity ground is compelling ground for application.

Is the primary applicant, your wife? & which immigration category is she applying under? The reason I ask is because dependant applicants are not subject to the absence threshold for ILR.

If she is the primary applicant, then in my opinion your wife's maternity leave absence would be categorised as a serious or compelling reason which would require a personal letter and evidence to support it, which you should be able to supply. The only problem is that she would have exceeded the allowed 180 day annual threshold as well as the 90 day single absence threshold, so the case would be considered an "exceptional case" which would be subject to senior case worker approval.

cs95tdg wrote:

ilrupdates wrote:Thanks dear "CS95TDG" for replying to my query , but I am still bit confused that is the maximum allowed absence (180 days) for every 12 months or its for the whole 5 years (12 x 5= 60 months) period please.?

It's 180 days for each 12 month period. See Immigration rule 245AAA under http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

ilrupdates wrote:if it is for every 12 months in 5 years time period, it means the people who have, say for example 210 days absence spread over 5 years time period, they even don't need any evidence or letter for their absence because they were not absent more than 180 days in any of 12 months period. is that true? (I am specifically speaking about tier 1 General applicants)

Based on my understanding of the latest rules & guidance, Tier 1 General Applicants do not require evidence for annual leave absences unless they were for serious or compelling reasons. If the reason for the absence you mention is due to serious or compelling reasons (this is irrespective of whether these particular absences were within the 180 days threshold or not) then you will need to include a personal letter by the applicant along with appropriate evidence as detailed below. Personally I would list all absences as annual leave holiday if they are within the 180 days threshold as in this case no evidence is required. Note, it would be best if you read the guidance and rules to make sure you understand the explicit details required.

See page 11-12: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Compassionate reasons will vary but can include serious illness of the applicant or a close relative, a conflict or a natural disaster, for example, volcanic eruption or Tsunami. Evidence in the form of a letter from the applicant setting out the reason for the absence and documents of support must be provided. For example:
 medical certificates
 birth or death certificates
 evidence of disruption to travel arrangements.
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:
 UK ancestry
 business person
 investor
 innovator
 writer, composer, or artist
 retired person of independent means
 Tier 1 (General)
 Highly skilled migrant programme (not applying under Appendix S of the rules)

In any of the 5 consecutive 12 month period. It does not say 'each' which I think is an important distinction. It therefore depends on which days you travelled.

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?

Need your valuable inputs?

Thanks cs95tdg
I am dependant my wife is main applicant currently on Tier 1 (general) visa.
She has spent 150 days in stretch and 40 days on top of that as my daughter's visa refused and we were reapplied. What document do I have to furnished?

Thank you

cheersmate wrote:Thanks cs95tdg
I am dependant my wife is main applicant currently on Tier 1 (general) visa.
She has spent 150 days in stretch and 40 days on top of that as my daughter's visa refused and we were reapplied. What document do I have to furnished?

Thank you

Do read the new policy guidance which gives some examples of "serious & compelling absences & documents to be provided as evidence" and also explains when a case would be considered an "exceptional case" which will be subject to discretion by a Senior CW. Evidence will vary depending on individual circumstances and the reason, only you will know what you can supply. Some possible examples are: wife's medical records, daughters birth certificate, explanation of why your daughters visa was refused along with evidence, personal statement from the applicant etc.

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

cs95tdg thanks for your reply.
I got confused 180 days for whole 5 year or for 12 months. Now again I have gone through that document and I got clarified. I an on Tier 2 Intra Company Visa.
Anyway thanks for your reply.

cs95tdg wrote:

pbp2008 wrote:Hi Friends,
This is my first post on this board, I have come to UK in 2008 March and In total I have taken 199 days away from UK,in that 154 are paid annual leave,in that sept 2012-36 days paid leave (father illness, medical reports to support as evidence) +45 days absent(dec 2009)
Please suggest me ,am I eligible for settlement and sept 2012-36 days leave will be considered as discretion for continuous stay.
I appreciate your reply in this matter
pbp2008

You have not mentioned what immigration category you are here under or your EC date. This would information would help others answer your question. Please do read the latest immigration rules & guidance (URL's already provided in this topic) to make sure you understand the rules as well. 180 days of absence are allowed for each 12 month period during your 5 year residency. Note that any absence that is due to serious or compelling reasons will need to be supported by a personal letter by the applicant along with appropriate evidence.

hi

what kind of rules are implemented. please help me. i am on tier1 general self employed

i swicht from student to hsmp in feb 2008 in country uk. after that i took 2 months holidays suddenly from feb08 to april 08.

then in jan11 to march 2011, nearlly 2 months, i went back to get married.

so in total 5 years out of country 4.5 months.

i will apply in 1st week of feb13. any chance of my sucess.

please guide me.

thanks