Immigrationboards.com

Hi forum,

I came across difficult situation. As HR had refused to provide me my absence period. She said I'm on tier 1 (general) and it did not require.

She said if I have an evidence ( ukba guideline or application form). mentioned that tier 1 ( general ) is required to show absence period. I can bring it to her tomorrow.

Could anyone please help ? I'm about to cry.

My situation :
HSMP + tier 1 ( general)

Absence : 3 trips aboard , total 42 days.

Your help and advise are very much appreciated.

Thank.

only 42 days. there isn't any need to ask for that.

patt wrote:I came across difficult situation. As HR had refused to provide me my absence period. She said I'm on tier 1 (general) and it did not require.

I agree, you do not require an employer letter to confirm your absences if you are applying for ILR as a T1 General Migrant. Note that this is according to the new rules, you may want to go through them yourself to make sure you understan; what is required.

Rule applicable to you (T1G)

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

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.

Rule applicable to you (T1G)

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

245CD-SD Specified documentsThe specified documents referred to in paragraph 245CD(j) (see below)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.

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

And the superrule 245AAA. General requirements for indefinite leave to remain
For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:

(a) "continuous period of 5 years lawfully in the UK" means residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

(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;

(ii) the applicant has existing limited leave to enter or remain upon their departure and return except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of an application made within that 28 day period shall be disregarded; and

(iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded.

(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.

Your HR is right. You do not need any evidence - absolutely nothing.

hi, please advice me , i am really confused, i am on tier1 general and self employed.

My situation :
HSMP + tier 1 ( general)

Absence : 2 trips aboard , total 126 days. (family etc)

i will be applying in Feb 13.

You guys see any issues in my case??

thanks
Your help and advise are very much appreciated.

gaboon_viper wrote:hi, please advice me , i am really confused, i am on tier1 general and self employed.

My situation :
HSMP + tier 1 ( general)

Absence : 2 trips aboard , total 126 days. (family etc)

i will be applying in Feb 13.

You guys see any issues in my case??

thanks
Your help and advise are very much appreciated.

The advice given to the OP of this thread would apply to you too. Please read the information provided. If you state what specifically is confusing, someone may be able to help/comment.

thanks for your reply cs95.

So this means that i don't need to show any letter as i am on Teir1 general.

Also do tier1 general should be on job for continuous of 5 years. for applying for ilr.

please help

thanks

gaboon_viper wrote:thanks for your reply cs95.

So this means that i don't need to show any letter as i am on Teir1 general.

Also do tier1 general should be on job for continuous of 5 years. for applying for ilr.

please help

thanks

You don't need to be employed during the entire 5 years. But there appears to be a problem highlighted in the following thread where if you are absent from the UK in-between employment then that would be considered a break in continuous residency.

http://www.immigrationboards.com/viewtopic.php?t=121124

I'd advice you to read the other recent posts on this forum as there are many on this subject. All of us are getting clarifications on rules changes that are not currently clear, so it may take a while to get acurate answers.

Hello Gurus,

I am also in the same boat. I am currently on Tier-1 General Visa. I completed 5 years in a combination of the old Work Permit and Tier-1 General.

My leaves of absences were paid annual leaves and taken while I was on employment as work permit holder. 3 trips (2007,2008 and 2009, a total of 43 days excluding arrival/departure dates).

Do I still need to get a letter from my previous employer since all my leaves were taken when I was on work permit visa?

I have contacted my previous employer already and he told me that he does not have data that far in the HR portal to confirm my absences. I am in deep shit now...Please advise what to do next?

Hi all,

Thank you for all of your advice and input in this topic. I'm very much appreciated.

I just met with HR.

She provided me a standard reference letter and she told me that I have to provide my personal letter to support my absence as per " set o from 12/12 page 13, 6.3 , letter from applicant detailing reasons for absence. ".

I do hope I am on the right track.

1.Absences consistent with annual leaves (26-28days/year) doesnt require any proof, even if they need one you can always show your payslip & bank statements.
2.But you'll need to submit evidence for absences due to compelling/compassionate reasons,so if you have used your annual leave for the above reason, its better to declare it as holidays.
3.Contninous period will be broken if you are absent from the UK whilst unemployed (again there is a turn around, if you can provide evidence that you were absent due to compelling/compassionate reasons it'll will/may be disregarded)
4.For Tier1G (self employed) you dont get any holidays as you are paid by the hour, i assume case workers know this & any absences as long as it is reasonable (26-28days/year) & if these holidays are taken inbetween an existing contract will not require any evidence.
5.THE ONLY GREY AREA IS FOR T1G (SELF EMPLOYED) WHO GO ON HOLIDAYS WHEN CONTRACT X COMES TO AN END & THEY ARE YET TO FIND A NEW CONTRACT(AS PER CURRENT RULE THIS WILL BE CLASSIFIED AS ABSENT FROM UK WHILST UNEMPLOYED) - THIS CAN BE A BIT HARSH!!