new form - evidence for unpaid leave?

[uiqbal]

@uiqbal - Congratulations.

It is my turn, appointment is on 2nd January and my absents as follows.

Code: Select all

  
        Days              Reason for absence		
		42 days			Visiting family (in India)		
		5 days			Holidays (holidays to swiss)
		5 days			Visiting family (in India)	
		59 days			Business Trip (to India) (make it as bold)
		19 days			Visiting family (in India)

Total    130

Questions

1.In the above list,I am mentioning reason as 'Visiting family' or 'Holidays' rather than saying Annual holidays.
Assuming that Holiday or Visiting family can be derived from Annual leave, Is that fine ?

2. 59 days trip - went to India for offshore work and mentioning as Business trip,Hope this is fine ?

3.Since my appointment is on 2nd January, Planning to use old set(o) form.
Incase if they ask why did you use old form,What convincing answer can be provided.
Planning to say I have already filled the old form and guidance says old can allowed until 3rd january.
Or would the case worker think that I am trying to hide some thing ?

Hi,
I put my holidays like this:
visiting family 45 days
annual holidays 5 weeks
annual leave 4 weeks
summer holidays/visiting family. 4 weeks

No questions or no further documentation was required from case worker. I had 12/12 form filled up and ready if they say they couldn't accept 07/12, but they cannot and will not ask about it.

[Bildor]

Rules take precedence over guidance.

Ideally that should be the case, but will the case worker know this?
I have a feeling some of the caseworkers don't even know the rules; they simply just follow the guidance notes they have.

So when there is a case like this when there is a conflict between rules and guidance we just have to hope that the case worker makes the right judgement call.

Anyway wishing u all a merry Christmas.

[rshelar]

Please do not engage in spreading wrong information.

Guess the person who responded has been ill informed. For T1G as long as you dont exceed 180 days in a year you dont have to show any evidence at all, even if those leaves were unpaid.

I know two examples of people who got their ilr with the new rules and when they had unpaid leave.

Got Reply from Home office

Dear Sir,

Details of all absences from the UK must be provided on the SET (O) application form, and must have resulted from either business reasons, or for compelling or compassionate reasons.

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed. They must however provide the specified evidence of absences that were for compelling or compassionate reasons. These would be varied, but examples would be natural disaster, preventing travel following a holiday, or the death of a close relative.

Absences due to annual leave would be covered by the policy, but absences of unpaid leave would need to fully explained and would not necessarily be disregarded. This would be a decision for the caseworker to make, given the explanation of the absence.

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

I trust this clarifies the situation.

[M2008]

I am not spreading wrong information. I have pasted what i got reply from them.

Why you have not replied to this post before those 2 guys got ILR?

Please do not engage in spreading wrong information.

Guess the person who responded has been ill informed. For T1G as long as you dont exceed 180 days in a year you dont have to show any evidence at all, even if those leaves were unpaid.

I know two examples of people who got their ilr with the new rules and when they had unpaid leave.

Got Reply from Home office

Dear Sir,

Details of all absences from the UK must be provided on the SET (O) application form, and must have resulted from either business reasons, or for compelling or compassionate reasons.

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed. They must however provide the specified evidence of absences that were for compelling or compassionate reasons. These would be varied, but examples would be natural disaster, preventing travel following a holiday, or the death of a close relative.

Absences due to annual leave would be covered by the policy, but absences of unpaid leave would need to fully explained and would not necessarily be disregarded. This would be a decision for the caseworker to make, given the explanation of the absence.

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

I trust this clarifies the situation.

[rshelar]

What reply you got depends on what questions you asked and depending on your personal situation.

Didnt post earlier because they got ILR only few days back.

[M2008]

I have not asked personal situation questions...check my questions if you have time..

What reply you got depends on what questions you asked and depending on your personal situation.

You do not had confidence to post and blaming me .

Check first before blaming me, you came in middle saying where shall I Keep mine

Didnt post earlier because they got ILR only few days back.

[rshelar]

Do not know from where did you get an idea that I am blaming you.

This forum doesnt allow personal attacks and I suggest you refrain from them.

I just gave my opinion that some posts are unnecessary scare mongering and I personally know people who got their ILR. Further as reiterate you were using your specific example as generalisation.

Hope you now act and reply sensibly and maturely rather than jumping to illogical conclusion.

[M2008]

I just gave my opinion that some posts are unnecessary scare mongering and I personally know people who got their ILR. Further as reiterate you were using your specific example as generalisation.

I know you are very active in this forum, why you replying today that this post is unnecessary after it has dicussed for about 2 weeks. You need to ask the person who started this post.
Did any of your friend who got ILR mentioned they had unpaid leave or out of job in application form?