Contineous period break of 4 months for ILR application

[saurabh.ksh]

Hi,
I am on Tier 1 (general) visa right now.
I am applying for ILR and my 5 years got completed in sep 2012
can someone please suggest on 2 queries i have
1> as per new/changed rules as of 13 dec 2012 - has the cutoff contineous break period of 90 days been increased to 180 days per year?
if so, my break of 4 months would be fine?
2> I have absences of total 192 days outside UK in past 5 years. the rule of total 180 days absence allowed, is it for every year in last 5 years OR total of 5 years?

Regards,
S.

[Lucapooka]

Under the new rules, you can remain outside the UK for 180 days per year. However, absence has to be in accordance with your work, your holidays or compassionate reasons. Which one would you use to define your 4 months continuous break, bearing in mind that most annual vacation periods are 5 or 6 weeks?

[saurabh.ksh]

thanks for your reply
i was working offshore (India) for 4 months

A letter from the company stating that i visited india on a project assignment would help?
also, do we need to provide evidence of all annual leaves outside UK?

[cs95tdg]

do we need to provide evidence of all annual leaves outside UK?

Those applying for ILR as Tier 1 G Migrants, are not required to submit an employer letter to confirm their annual leave & business related absences. However, evidence and a personal letter are required for any absences which were due to serious or compelling compassionate reasons.

[saurabh.ksh]

Thanks

just 1 last thing
Those applying for ILR as Tier 1 G Migrants, are not required to submit an employer letter to confirm their annual leave & business related absences.

even if the break is for 4 months?
I am a bit worried about this so reconfirming.

[Lucapooka]

The new rules are still only two weeks old. It's not yet clear (evidenced by approved applications) to what extent a T1 migrant can remain outside the UK for very long periods that are not of a work-related or compassionate nature, and still get ILR. We are waiting for news. I want to hear from a T1 (G) migrant who is granted ILR having openly declared that he spent 179 days a year outside the UK on vacation!

[cs95tdg]

I agree it's not yet clear what would happen in the event a T1G applicant had long absences (but within the 180 day annual threshold) during which they were not paid in the UK.

I have seen cases where T1G applicants with unpaid absences have been granted ILR (since the new rules came into effect) but do not recall the absences being as long as 4 months at a stretch. Note also, it will now be interesting to see the outcome of applications made from tomorrow (4th Jan), as it will be mandatory to use the new SET(O) form where more detailed specific questions on absences are asked. From what I've seen most applications submitted by forum members so far have been on the old SET(O) form.

[saurabh.ksh]

As per Set (o) ver 12-2012
Section 9
D2. Please confirm whether you have been outside of the UK for any single absence over 3
months or one or more absences which amount to more than 6 month in total during the 5 year
period:

why would they ask for more than 6 months in total 5 years and single absence of 3 months?
does it not conflict with the changes rules as of 13 dec 2012

and
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.

these are the only 2 subsections asking details of absence.

[humanvoid]

In one of the threads we were chasing UKBA to clarify this point for Tier1 General, still waiting for response.
I think and I can only guess that this sort of absences should be considered in the context of absence allowance, meaning if you are within allowed limit, you should be fine, otherwise it won't make sense given no evidence required.

[saurabh.ksh]

Can you please share the link for that thread here
or post the result here when we get a reply from UKBA

[humanvoid]

Can you please share the link for that thread here
or post the result here when we get a reply from UKBA

sure, http://www.immigrationboards.com/viewtopic.php?t=120855
reply yet to come