new form - evidence for unpaid leave?

[humanvoid]

Just want to point that he may have applied using the old form but not under old rules. The new rules took effect from Dec 13 2012. But, I do agree with your sentiment ... they will probably continue to be nice until Jan 3.

Logically thinking, what if the old form is missing what is required by new rules to be provided/filled in/stated? i think there is always grace period.

[M2008]

Just want to point that he may have applied using the old form but not under old rules. The new rules took effect from Dec 13 2012. But, I do agree with your sentiment ... they will probably continue to be nice until Jan 3.

Logically thinking, what if the old form is missing what is required by new rules to be provided/filled in/stated? i think there is always grace period.

grace period ends on 3rd Jan for using old application.

I have appointment on 11th Jan. We need convincing reason on application form.

Holiday or Visiting family or annual leave or business trip.... do not know which one to put

[cs95tdg]

grace period ends on 3rd Jan for using old application.

I have appointment on 11th Jan. We need convincing reason on application form.

Holiday or Visiting family or annual leave or business trip.... do not know which one to put

What is the length of the absence(s) in question? I presume the breaks were all while unemployed? If they are only short absences and you were employed soon after (i.e. meaning there would be no way a case worker would be able to see that you were unemployed during that time period) then I'd say you could give any reason you wanted.

[ilr_appln]

Please have a look at the sticky note posted 1 year back, interestingly all these points are there as well. Have look at answer to Q16.

http://www.immigrationboards.com/viewtopic.php?t=79378

BTW, do we have to give any other proof for the period of absence other than the entry stamps on the passports to uk/other countries ? Like boarding passes or printout of travel itinerary?

Regards

[M2008]

grace period ends on 3rd Jan for using old application.

I have appointment on 11th Jan. We need convincing reason on application form.

Holiday or Visiting family or annual leave or business trip.... do not know which one to put

What is the length of the absence(s) in question? I presume the breaks were all while unemployed? If they are only short absences and you were employed soon after (i.e. meaning there would be no way a case worker would be able to see that you were unemployed during that time period) then I'd say you could give any reason you wanted.

60 days-> need to take chance... Annual leave + Business trip....

both does not require proof

[humanvoid]

If they are only short absences and you were employed soon after (i.e. meaning there would be no way a case worker would be able to see that you were unemployed during that time period) then I'd say you could give any reason you wanted.

What about P60 or employment history for last 5 years? It can be easily tracked from these docs.

[M2008]

If they are only short absences and you were employed soon after (i.e. meaning there would be no way a case worker would be able to see that you were unemployed during that time period) then I'd say you could give any reason you wanted.

What about P60 or employment history for last 5 years? It can be easily tracked from these docs.

You need to defend P60 or employment history are not mandatory for ILR.

Luckily I worked for same employer after break.If needed P60 will help

[humanvoid]

I have appointment on 11th Jan. We need convincing reason on application form.
Holiday or Visiting family or annual leave or business trip.... do not know which one to put

Holiday, family visits, non-UK employment would not be considered as a valid reason for absence as we have seen from their replies. Annual leave or business trip should be whilst you were on UK payroll as I understand.

All this just seems wrong to be honest and again it is NOT in immigration rules.

[cs95tdg]

If they are only short absences and you were employed soon after (i.e. meaning there would be no way a case worker would be able to see that you were unemployed during that time period) then I'd say you could give any reason you wanted.

What about P60 or employment history for last 5 years? It can be easily tracked from these docs.

I'm not sure I totally understand what you mean here, in that the P60 will state your total taxable pay & tax paid for the entire financial year. But it would not have anything which would indicate that you were absent from the country during any particular time period during that year. Or am I missing what you mean't to say here?

Note also that the P60 is not a mandatory document, so may not come into the equation, unless you plan to use it as evidence for previous earnings.

[humanvoid]

You need to defend P60 or employment history are not mandatory for ILR.
help

What do you mean under "defend"? If it s not requirement, why everyone submits P60 for 5 years, or probably I have missed this bit?

[cs95tdg]

If it s not requirement, why everyone submits P60 for 5 years, or probably I have missed this bit?

It's not a requirement, but some case workers have in the past asked for them to confirm economic activity during residency. It's certainly not a must, i.e. not stated as a requirement, but is a nice to have (based on past applicant experiences) in case a case worker asks for it.

[M2008]

I have appointment on 11th Jan. We need convincing reason on application form.
Holiday or Visiting family or annual leave or business trip.... do not know which one to put

Holiday, family visits, non-UK employment would not be considered as a valid reason for absence as we have seen from their replies. Annual leave or business trip should be whilst you were on UK payroll as I understand.

All this just seems wrong to be honest and again it is NOT in immigration rules.

As per their reply, no questions asked if they are Annual leave or business trip. They only know you are out of UK payroll if you submit employment history.

Holiday or family visit can be derived from Annual leave, so they can't object.

[humanvoid]

I'm not sure I totally understand what you mean here, in that the P60 will state your total taxable pay & tax paid for the entire financial year. But it would not have anything which would indicate that you were absent from the country during any particular time period during that year. Or am I missing what you mean't to say here?

Note also that the P60 is not a mandatory document, so may not come into the equation, unless you plan to use it as evidence for previous earnings.

What I wanted to say is that in my case if I miss some P60s for the first year and will have to submit my pay slips from the date I started to work, that absence, which was before I started to work, would be on spot. But I do not know if HMRC employment history specifies start date as well.

[M2008]

I'm not sure I totally understand what you mean here, in that the P60 will state your total taxable pay & tax paid for the entire financial year. But it would not have anything which would indicate that you were absent from the country during any particular time period during that year. Or am I missing what you mean't to say here?

Note also that the P60 is not a mandatory document, so may not come into the equation, unless you plan to use it as evidence for previous earnings.

What I wanted to say is that in my case if I miss some P60s for the first year and will have to submit my pay slips from the date I started to work, that absence, which was before I started to work, would be on spot. But I do not know if HMRC employment history specifies start date as well.

HMRC history will have start and end date if your employer filled form with HMRC (do not know the name of form)

[akash08]

Guys,
Just back from Solihull, PEO and got the ILR approval. I had exactly the same case like the topic maker.

Firstly, Congratulations.

Did you have any unpaid holidays? i.e., travel outside UK for which you were not paid in the UK. If so, what was the max you took at any one time?

Regards

Yes 35 days in India.. when I went to resign.. (officially busines trip - yes I went to handover my responsbility to some guy at offshore... perfectly fine)

[uiqbal]

This is a bit confusing, @akash08 mentioned business trip for unpaid leave out of the country, what should be the content of the letter, if they ask for any letter for that business trip.

Thanks

[M2008]

This is a bit confusing, @akash08 mentioned business trip for unpaid leave out of the country, what should be the content of the letter, if they ask for any letter for that business trip.

Thanks

They do not ask letter for business trip. Only problem is if you caught for unpaid leave.

[akash08]

This is a bit confusing, @akash08 mentioned business trip for unpaid leave out of the country, what should be the content of the letter, if they ask for any letter for that business trip.

Thanks

Uiqbal - I think you are using the word unpaid leave which is completely out of context.. Salary was paid in India.. it was in relation to the work I was doing here.. I simply can not say going.. I had to handover the task to my offshore team so that the project in UK does not suffer from lack of continuity..so the travel was completely in relation to my activity in UK for which I was granted work permit..

No where it is mentioned that you have to earn for 5 years in UK.. All they need is earning evidence for last 12 months..

Well though it is quite clear that they will nevr ask you a question, if they ask I am hoping you wont tell your company's rule about resignation (I am guessing we were from the same stupid company, not many companies have the rule that you have to be in India to resign) and tell the reason I am saying which is a truth!!

[gaboon_viper]

what you guys suggests for me. i am tier1 general. i will apply in jan.
my situation in 5 years

first year...... job but cash in hand. 2 months holidays in that year.
last four years. self employed . 2.5 months holidays.

what to write in my senario. business trip, annual leave, or family visit?

please comment

thanks

[humanvoid]

Looks like we are going to have a fun with our ilr applications, xmas present from HO.
I am still questioning legitimacy of this guidance in regards to Tier1 General absences. Anybody with me?

[gaboon_viper]

Looks like we are going to have a fun with our ilr applications, xmas present from HO.
I am still questioning legitimacy of this guidance in regards to Tier1 General absences. Anybody with me?

yes we are here. they must amend some rules or give clear clarification.

as per rule now for self employed. my clock will start from 2011 instead of 2008 as i took 2 months unpaid leave in 2011.

what a situation

[M2008]

I have asked some more questions to them including self-employed. Once they reply, i will post them

[humanvoid]

I have asked some more questions to them including self-employed. Once they reply, i will post them

I did the same with more straight questions, will share once received. We need to get to bottom of this.

[1up2down]

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!!

[M2008]

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!!

1. I hope it is 26-28 working days, some company gives 30 working days.... So we can stretch up to 6 weeks holiday including weekend

2. Yes make sense

3. should be strong reason to convience them.

5. I agree with you, but if you have LTD compnay and PAYE in place, can we decide how many days annual leave you want ?