Question D2 on the revised SET (OF) Dec 2012 version

[ameets123]

Dear Members

I am really confused as I am filling the Form Set (0) Dec 2012 Version.

I am aware that there have been changes in the absences rule now the changes clarify that absences of up to 180 days in a
12 month period are permitted, provided the absence is for a reason
that is consistent with the migrant? purpose of stay in the UK or
for serious or compelling reasons as I am on Tier 1 general visa and now applying for ILR.

Now based on this an ILR / Settlement application through the Tier
1 General route should be judged on 180 days criteria i.e., 180
days permitted absence abroad for every year in the consecutive 5
years.

However, the Question D2 Section 9 on the revised SET (O) Dec 2012 version.
Is:

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:

I am really confused now as why are they asking this question now , that means the new rules are not valid or what ??

I need clarification 180 days absence rule in total 5 years time and if it is still applicable for settlement applicants and the applicants still need to provide employment related proof for Tier 1 General applicants?

As I have more than 180 days in total in 5 years time.

I have an PEO appointment next week and really confused should I go for this or not?

Please advise.

Thanks!

[ameets123]

Gurus

Can you please answer this query.

[wpilr_nov12]

(Successfully ) arguing your case in this forum is not going to get you ILR. Filling out the form with the requested information puts you at better odds.

[uksettlement]

Hi ameets123,

This question is a valid one and has already been raised on freedom of information site whatdotheyknow.com by me

http://www.whatdotheyknow.com/request/c ... ermited_ab

Please go through this and my pervious posts. Hopefully we should get some clarity soon.

[cs95tdg]

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:

I am really confused now as why are they asking this question now , that means the new rules are not valid or what ??

There is clearly confusion over the reason why this question still remains in the application form, whereas the immigration rules do not state this as a requirement. Note however that, purely because the question is asked does not mean that they will refuse an application because you answer this question in the affirmative with a "Yes". Just be prepared to answer any questions on your absences (may be a employer letter confirming them, until this issue is cleared up) with the latest immigration rules at hand and you will be fine, IMHO.

Note that, Immigration Rules & law will always take precedence over other documentation such as guidance notes.