New rules - Allowable absences for ILR to be relaxed

[jsamad]

Should we need to provide proof for the period outside UK even if its less than 90days in continuous or less than 180days in overall 5 year period for Tier -1 General applicants?

[cs95tdg]

We will need to wait patiently until next week to get the answers to the last few questions raised on this thread. I expect to see the amended/confirmed policy guidance, published by the UKBA on Dec 13th & not before. Hopefully there will be more clarity on the areas that are slightly ambiguous & therefore subject to individual interpretation at the moment. Whether or not new application forms (E.g. SET(O)) will be published will depend on whether any amendments are required to accomodate the stated changes.

[ryan2020]

today is 13th December. i can't see any new set o form or set o guidance pdf ?

please comment.

[cs95tdg]

today is 13th December. i can't see any new set o form or set o guidance pdf ?

please comment.

Please see http://www.immigrationboards.com/viewto ... ht=#748278

New guidance has now been published.

[M2008]

Looks tier 1 (general) visa holder no need to submit any letters for absenses. But it is better take print out of rule if they demand for any letter

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

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.

245AAA. General requirements for indefinite leave to remain

(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.

[SriGan]

Since 180 days or less are allowed absences in any calendar month, does it mean that continuous leave of 90 days are NOT in effect any more?

[M2008]

No news on 90 days...but 180 days in 5 years.

(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;

[SriGan]

In the form I could see that,

Please confirm that you have not been absent from the United Kingdom for more than 180 days in any 12 calendar months during the specified period of continuous leave:

I have not been absent for more than 180 days in any 12 calendar months during the specified period of continuous leave.

I am perceiving it as that in any of the 12 month period, our absence should not exceed 180 days and we are allowed to take 180 or less abscence in each year.Also this rule makes the 90 days rule void.

Is my understanding correct?

[jsamad]

Does this mean, if a person who has been on WP before converting it into Tier1(General) and if that person has any leave while on WP should provide proof for the leaves?

Looks tier 1 (general) visa holder no need to submit any letters for absenses. But it is better take print out of rule if they demand for any letter

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

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.

245AAA. General requirements for indefinite leave to remain

(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.

[pkumar]

i am confused reading different topics ... seems like new form and guidance still not there?

[Eliyas]

New set(o) form and guidance is available now.

Refer to ukba website...

[SONAKSHI]

hi- I can find the new form but still cannot find the guidance.

[madhumesh]

I am also wondering impact of this on delayed entry of more than 90 days in first year. My question is

1) What happens if entry is delayed by more than 90 days but less than 180 days, can this be treated as absence for compelling reason?

2) if delayed entry is not treated as absence, then is it not unfair on these people, and can this be open to legal challenges?

[cs95tdg]

1) What happens if entry is delayed by more than 90 days but less than 180 days, can this be treated as absence for compelling reason?

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.

[cs95tdg]

Does this mean, if a person who has been on WP before converting it into Tier1(General) and if that person has any leave while on WP should provide proof for the leaves?

According to my understanding of the rules and case worker guidance, the answer to your question is yes. You will need a letter from your WP employer to account for your absences (Annual Leave & Business related) while here as a WP Holder.

[madhumesh]

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

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]

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]

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]

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]

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

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]

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

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]

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

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

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]

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]

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

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

Best

[sojan]

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?