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New ILR Rules for Tier 1 General

Posted: Sun Dec 23, 2012 6:07 pm
by darknsinful
Hi Guys

Like everyone i seem confused because of UKBA's antics i am nearing my ILR and am on tier 1 general which i got on April 2008

1. have spent less then 180 days out of UK.
2. less then 90 days in a stretch.
3. own my own company and received salary and dividends
verifyiable through accounts and corporation taxes for entire 5
year period.

now i had been out of country for 60 days to sort out my wife's visa from 14 May- 14 July 2009( for 60 days)

was out of country from 10 Sept -18 Nov 2009 for my first child's birth(for 70 days) didn't apply any paternity leave just discussed with my business partner and went.

My Questions are

1.Will i have to give reason for the absence i am on tier 1.
2.Is my understanding of the following document page 10 and 11 right that tier 1 don't have to give any reason as long as they are under 180 days out of UK but if so then why the questions in the new form.



Any answers are welcome and much appreciated.

Posted: Sun Dec 23, 2012 6:09 pm
by darknsinful

Re: New ILR Rules for Tier 1 General

Posted: Sun Dec 23, 2012 6:12 pm
by rubina20102010
1) You should attach employer letter for verify the same holidays. (As per new rules) - as you have to show them that they are paid holidays....

2) less 180 days - ignore this please....

Posted: Sun Dec 23, 2012 11:37 pm
by arifahmmed
rubina20102010: I am also bit dilute reading about the same issue on page 10,11 and 12

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

However only I found Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences.
And bottom of page 11 it said 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: investor
UK ancestry
 business person
 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)

Re: New ILR Rules for Tier 1 General

Posted: Mon Dec 24, 2012 1:51 am
by alok_singh
darknsinful wrote:Hi Guys

Like everyone i seem confused because of UKBA's antics i am nearing my ILR and am on tier 1 general which i got on April 2008

1. have spent less then 180 days out of UK.
2. less then 90 days in a stretch.
3. own my own company and received salary and dividends
verifyiable through accounts and corporation taxes for entire 5
year period.

now i had been out of country for 60 days to sort out my wife's visa from 14 May- 14 July 2009( for 60 days)

was out of country from 10 Sept -18 Nov 2009 for my first child's birth(for 70 days) didn't apply any paternity leave just discussed with my business partner and went.

My Questions are

1.Will i have to give reason for the absence i am on tier 1.
If you have a letter from employee then it it good , otherwise simply create a letter explaining your circumstances you are very much with in recomended limit do don't worry
2.Is my understanding of the following document page 10 and 11 right that tier 1 don't have to give any reason as long as they are under 180 days out of UK but if so then why the questions in the new form.
As mentioned before their is not harm in providing more information.Also document is confusing as it does not mention Tier1 General Category in the list where the reason has not to be provided.

Posted: Mon Dec 24, 2012 6:16 pm
by darknsinful
thanks guys for the replies

does anyone have an idea if i can have 60 days of paid holiday? i mean i was paid and all as i am 50% owner but can i have 60 paid legal holidays or should i just show it as a business trip as it requires no evidence.