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clarification regarding the absent using new set(O)- urgent

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ashrithb
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Joined: Sat Dec 01, 2012 8:24 pm
Location: United Kingdom

clarification regarding the absent using new set(O)- urgent

Post by ashrithb » Mon Dec 31, 2012 1:44 pm

I have appointment on 2nd january for ILR and I am applying under tier1(general).
Prior to tier1(general) , I was on tier2(ICT- 3 months) + workpermit(2 years).

During the workpermit perid, I took annual leave and was out of UK.
From set(O)- 12/12 application, for the question 6.3 it is mentioned as following.

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.


Question:

Do I need to take the employer letter regarding the annual leaves from the workpermit period of 2 years.
From the above it is not mentioned about 'workpermit' in the categoties and presently, I am applying the ILR under tier1(general).
So my understanding is that, I don't need to take the later regarding the annual leaves during the 'workpermit' period.
Please clarify.

wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Mon Dec 31, 2012 1:53 pm

If you already have one with you, no harm in taking it along.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

ashrithb
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Posts: 16
Joined: Sat Dec 01, 2012 8:24 pm
Location: United Kingdom

Post by ashrithb » Mon Dec 31, 2012 2:13 pm

@wpilr_nov12 - Thanks for quick reply.

I don't have letter with me and it is too late to get the latter at this movement.
Would like to know, is it a mandatory document in my case, because I am applying under tier1(general) and the categories listed for question 6.3 not mentioned bout workpermit.
Please clarify.

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Mon Dec 31, 2012 2:15 pm

ashrithb wrote:@wpilr_nov12 - Thanks for quick reply.I don't have letter with me and it is too late to get the latter at this movement.
Would like to know, is it a mandatory document in my case,
because I am applying under tier1(general) and the categories listed for question 6.3 not mentioned bout workpermit.
Please clarify.
There's your answer.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: clarification regarding the absent using new set(O)- urg

Post by cs95tdg » Mon Dec 31, 2012 2:27 pm

ashrithb wrote:I have appointment on 2nd january for ILR and I am applying under tier1(general).
Prior to tier1(general) , I was on tier2(ICT- 3 months) + workpermit(2 years).

During the workpermit perid, I took annual leave and was out of UK.
From set(O)- 12/12 application, for the question 6.3 it is mentioned as following.

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.


Question:

Do I need to take the employer letter regarding the annual leaves from the workpermit period of 2 years.
From the above it is not mentioned about 'workpermit' in the categoties and presently, I am applying the ILR under tier1(general).
So my understanding is that, I don't need to take the later regarding the annual leaves during the 'workpermit' period.
Please clarify.
Based on other applicant experiences and the current immigration rules, an employer letter does not appear to be required for the WP period. There are many existing discussion threads on this subject. One example: http://www.immigrationboards.com/viewto ... ht=#752543

ashrithb
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Posts: 16
Joined: Sat Dec 01, 2012 8:24 pm
Location: United Kingdom

Post by ashrithb » Mon Dec 31, 2012 2:58 pm

Since my appointment is on 2nd January, is it worth trying using old set(O) -07/12 form, which is not mentioning about the leaves evidence.
To be on safe side, is it good idea trying with older set(O) form.

From the following information, it is mentioned that older form accepted until 3rd January.

In line with paragraph 34(i) of the Immigration Rules, we will continue to accept applications made on the previous version of these forms up to and including 3 January 2013. We will consider any application submitted on or after 13 December 2012 under the revised Immigration Rules regardless of which version of the application form is sent.
http://www.ukba.homeoffice.gov.uk/sitec ... tion-forms

rubina20102010
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Joined: Thu Jan 28, 2010 12:10 pm

Post by rubina20102010 » Mon Dec 31, 2012 3:00 pm

No way. You should use the current version.

akash08
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Posts: 242
Joined: Tue Aug 26, 2008 8:59 pm

Post by akash08 » Mon Dec 31, 2012 5:07 pm

ashrithb wrote:Since my appointment is on 2nd January, is it worth trying using old set(O) -07/12 form, which is not mentioning about the leaves evidence.
To be on safe side, is it good idea trying with older set(O) form.

From the following information, it is mentioned that older form accepted until 3rd January.

In line with paragraph 34(i) of the Immigration Rules, we will continue to accept applications made on the previous version of these forms up to and including 3 January 2013. We will consider any application submitted on or after 13 December 2012 under the revised Immigration Rules regardless of which version of the application form is sent.
http://www.ukba.homeoffice.gov.uk/sitec ... tion-forms
On 2nd January you can definitely use the old form but this does not change anything. You will be still evaluated on the basis of new immigration rule which came in effect from 13th November. If this rule requires you to have employer letter for absences when you were on wok permit, you would still need it.

However, the fact is you do not need such letter. You will evaluated on Tier 1 General guideline. I had exactly same case as you and take my word, you are fine. There are many people here who gave me tension saying I need it but I was sure it is not required and I was correct. So, take my word, relax and you will be fine.

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