245HF-SD Specified documents: Tier 2 General NEW RULES ILR

skumar45 · Post by **skumar45** » Thu Dec 13, 2012 10:26 am

My visa is Tier 2 General. I have an appointment for ILR tomorrow at Solihull and here is the statement from the new rules I ACTUALLY MISSED AND HAVE NOT KEPT THIS READY which is added as the new rules starting today.

Under 245HF. Requirements for indefinite leave to remain---> 245HF-SD Specified documents (Point B is also added now)

"A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave."

The problem is : This is too late for me to get SUCH LETTER from my CURRENT employer and PREVIOUS employer.

All my absences are not more than 20 days a year and total 88 days in last 5 years - Everything was PAID ANNUAL LEAVE

I am wondering what should I do .. should I

- REQUEST the CW to apply discretion and look at my case because it being the first day ?
- And if they do not accept it, then ask them to defer my application ?
- All my passport stamps are a proof of my travel - and in those periods, I have been paid salaries here in the UK (Paid annual Leaves) - should I try showing this to the CW and convince them ?

Pls can someone throw light on this ?

cs95tdg · Post by **cs95tdg** » Thu Dec 13, 2012 10:43 am

The way I see it you have a couple of options:

1) a. Reschedule your appointment OR b. Apply by post, to give you sufficient time to get the required documents. Only do so if you are able to find an alternative appointment before your current leave to remain expires.
2) Solihul PEO is known to check your documents before they take your payment, i.e. it is a more applicant friendly PEO. Therefore you could see what they say when you explain your circumstances.

You could try calling the UKBA to find out whether they have any transitional arrangements, as these changes were only published today.

skumar45 · Post by **skumar45** » Thu Dec 13, 2012 12:24 pm

Sure thanks.
For now I'm trying to get a scanned copy of the letter from my current employer - which I will print out and submit to the Case worker. Only if they say they need an original letter mentioning the absences (paid leaves), it will get tricky.

For the years before (When I was with previous employer), they have told me it is such a short notice and can't help me. (I have only the passport stamps and bank accounts to prove that It was a paid leave).

Opinions welcome please.

wpilr_nov12 · Post by **wpilr_nov12** » Thu Dec 13, 2012 12:48 pm

My suggestion is: still go to Solihull tomorrow. You have nothing to lose.

If they insist on any missing document, at least you know you definitely need it. Try hard to convince your situation. Also, the law is not clear on whether the letter is needed in case of any absence, or just over the limits. If you have not exceeded the limit, I don't see the need to justify anything.

Solihull is a nice place. It is not a crowded place like I hear Croydon is. You get to talk to the CW in privacy.

Tonite, try to book another appointment also.

skumar45 · Post by **skumar45** » Thu Dec 13, 2012 1:23 pm

wpilr_nov12 wrote:My suggestion is: still go to Solihull tomorrow. You have nothing to lose. Yes. Agree.

If they insist on any missing document, at least you know you definitely need it. Try hard to convince your situation. Also, the law is not clear on whether the letter is needed in case of any absence, or just over the limits. If you have not exceeded the limit, I don't see the need to justify anything. I would have thought the same. On top of it, I also have a scanned copy printout now mentioning my absences for the period I have been with my current employer (2 years). I live in Manchester where my client location is. my employer (from london) is willing to send me the original copy which will reach me tomorrow but will be not very useful for my appointment tommorrow. Never mind coz like you said, I can get my application deferred if it becomes a worst case there

Solihull is a nice place. It is not a crowded place like I hear Croydon is. You get to talk to the CW in privacy.

Tonite, try to book another appointment also.Yes

I'll not panic now. The worst that can happen is deferring my application.
Many thanks for responding.

cs95tdg · Post by **cs95tdg** » Thu Dec 13, 2012 2:19 pm

If you'd like to take a look at the latest SET(O) form, it is now available.

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Page 13 appears to be the one which now has a few questions on absences & associated evidence.

Interestingly they still have a reference (D2.) to the 3 month single absence threshold on page 27. I haven't read the form in detail but just noticed this when scanning through it, will know more when I go through it from start to end.

wpilr_nov12 · Post by **wpilr_nov12** » Thu Dec 13, 2012 2:34 pm

and also a new IDI http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

jsamad · Post by **jsamad** » Thu Dec 13, 2012 2:44 pm

Based on the New rule, if a person who was on Work permit and then later changed to Tier 1, should that person provide proof for the leaves taken while on Work Permit? or that person would qualify as Tier1 (General) and would not need to provide any proof for leaves which are less than 90days or 180days in 5years.
Could some one please clarify my doubt. I did check the new application form and in that they have mentioned that only those applying under Tier 2 should provide evidence for absence.

skumar45 · Post by **skumar45** » Thu Dec 13, 2012 2:47 pm

jsamad:

That is probably a new thread to start if you like

wpilr_nov12 · Post by **wpilr_nov12** » Fri Dec 14, 2012 3:04 pm

Just got news that OP skumar45 got his approval.

Congratulations.

prabhusubha · Post by **prabhusubha** » Fri Dec 14, 2012 3:16 pm

wpilr_nov12 wrote:Just got news that OP skumar45 got his approval.

Congratulations.

Did he supply letter from Employer for Annaul Leave?

cs95tdg · Post by **cs95tdg** » Fri Dec 14, 2012 3:17 pm

That is good news. Will wait to hear more on what that experence was like. It will hopefully help others who are applying as Tier 2/WP holders after yesterdays immigration rule changes.

skumar45 · Post by **skumar45** » Sat Dec 15, 2012 1:35 am

Hi friends, I've got approval letters for ILR for me and my wife on 14 Dec at the PEO.

I have deliberately bypassed the employer letter for absences reasons evidence bit by using the Old Set (O) form instead of the NEW SET(O) Form. The OLD version of the form does not ask this questions 6.2 and 6.3.

And it worked

Though I used the old form, my case should have been dealt/decided according to the new rules laid out from 13-Dec-2012 onwards (which includes providing the evidence that my reasons of absence are correct)

But, fortunately, I was not asked to show any letters/evidences for the absence reasons I submitted. I myself was very much surprised - and at the same time pleased for not encountering that question from the CW.

I am assuming the CW applied his discretion because my absences in the last 5 years are only 84 days - of which 27 days was the longest single trip (paid annual leave)

skumar45 · Post by **skumar45** » Sat Dec 15, 2012 2:18 am

prabhusubha wrote:
wpilr_nov12 wrote:Just got news that OP skumar45 got his approval.

Congratulations.
Did he supply letter from Employer for Annaul Leave?

Prabhusubha,

I had 2 different employers in the past 5 years. I had one letter from my current employer for Annual Leave (paid) I had taken whilst am working for this company.
My previous company wouldn't help inspite of me trying on 13th Dec. It is out of question that they will help.

So the answer ot your question is - I carried one with me to the PEO. But the CW did NOT ask me for this - and I am spared.
Another reason I personally think he has not asked is because the form I used does not have this question on it and hence no need for me to tick any options from that question of "what evidences blah blah blah" which I assume made it Undetectable.

Or the CW may have applied discretion in my case - total 84 days in 5 years.
Bottom line, ILR approved.

prabhusubha · Post by **prabhusubha** » Sat Dec 15, 2012 3:33 pm

skumar45 wrote:
prabhusubha wrote:
wpilr_nov12 wrote:Just got news that OP skumar45 got his approval.

Congratulations.
Did he supply letter from Employer for Annaul Leave?
Prabhusubha,

I had 2 different employers in the past 5 years. I had one letter from my current employer for Annual Leave (paid) I had taken whilst am working for this company.
My previous company wouldn't help inspite of me trying on 13th Dec. It is out of question that they will help.

So the answer ot your question is - I carried one with me to the PEO. But the CW did NOT ask me for this - and I am spared.
Another reason I personally think he has not asked is because the form I used does not have this question on it and hence no need for me to tick any options from that question of "what evidences blah blah blah" which I assume made it Undetectable.

Or the CW may have applied discretion in my case - total 84 days in 5 years.
Bottom line, ILR approved.

can you please provide the template for absence letter?

skumar45 · Post by **skumar45** » Sat Dec 15, 2012 4:04 pm

I've put the format of the letter for "applicant absence reasons supported by employer" in the thread Click here

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245HF-SD Specified documents: Tier 2 General NEW RULES ILR

245HF-SD Specified documents: Tier 2 General NEW RULES ILR