Reply from UKBA on question D2 of section 9 (Tier 1)

[ei]

Hi,

I thought I would share the information I received from UKBA today regarding question D2 in section 9 (about 180 days in total and 90 days for a single absence).

Please find the reply below:

----------------------------------------------

Dear Elena,



Thank you for your enquiry regarding QD2 of the SET(O) form. This question is now redundant, and does not need to be completed. If an applicant does respond to this question it will not adversely affect their application, as there is no longer a 90 day limit on a single absence.



This question will be removed when the next version of the form is produced.



Kind regards

----------------------------------------------

My question was:

----------------------------------------------

Dear UK Border Agency,

I understand from the Statement of Changes in Immigration Rules published on 22nd November 2012 and implemented on 13th December 2012 that:

For HSMP and later Tier 1 category migrants absences of up to 180 days in a 12 month period are permitted.

However, the Question D2 on the revised SET (O) version 12/2012 version still says:

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:

In the view of the change as of 13th December 2012, does not this question contradict the updated rules? Should this question be removed from the revised application form, or should it refer to absences that amount to more than 6 months in any 12 month period (as per updated rules) rather than 5 year period?

Can you please clarify this? Thank you.

I look forward to your reply.

Yours sincerely,
----------------------------------------------

Hope it will help future applicants for ILR.

Best regards,
Elena

[uksettlement]

I had got this response on the same topic....

From: Settlement Ops Policy Mailbox
UK Border Agency

16 January 2013

Dear Sir/Madam,

In the light of the recent changes to the immigration rules, question D2 of the SET(O) form is no longer relevant and will be amended at the next available opportunity.

Kind regards

Ann Woodall |Operational Policy and Rules| Blue zone, 5th Floor|Capital Building |Old Hall St |Liverpool L3 9PP

-----Original Message-----
From: Sohel [mailto:[FOI #142552 email]]
Sent: 18 December 2012 11:17
To: Freedom Of Information Team ( IND )
Subject: 25566: Freedom of Information request - Clarification of the Permited Absence for ILR (Tier 1 General route) based on the changes introduced as on 13th Dec

Dear UK Border Agency,

We understand from the Statement of Changes in Immigration Rules
published on 22nd Nov 2012 and implemented on 13th Dec 2012 that:

Changes to the Immigration Rules for indefinite leave to remain for
work permit and other pre-Points Based System employment, for
businesspersons, innovators, investors, self-employed persons,
writers, artists and composers, those here on the basis of UK
Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and
Minister of Religion migrants and retired persons of independent
means. These 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?s purpose of stay in the UK or
for serious or compelling reasons.

Source:
http://www.homeoffice.gov.uk/publication...

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. 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 need clarification for many individuals like me regarding the 90
days at a stretch absence rule and if it is still applicable for
settlement applicants and the applicants still need to provide
employment related proof?

If not then the SET (O) for Tier 1 General should not have the
above D2 Question?

Can you please clarify for thousands of like minded tier 1 general
individuals please.

Please get in touch if you need further clarification and respond
back as soon as possible.

Thanks!

Yours faithfully,

Sohel

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Source: http://www.whatdotheyknow.com/request/c ... ing-350696

[ei]

Thank you, Sohel.

I saw that you got a reply to your enquiry on whatdotheyknow.com, but only after I posted here.

Sorry, if that is a duplication and thanks for your efforts in clarifying the matter.

[uksettlement]

No worries! All clarification helps!

[gregcally]

Thanks uksettlement, this is very helpful. I have a further question I would like to resolve but cannot find the appropriate contact email address. Could you share the one you used please?

Thanks very much

[Kevin24]

Thanks uksettlement, this is very helpful. I have a further question I would like to resolve but cannot find the appropriate contact email address. Could you share the one you used please?

Thanks very much

Thank You Elena and uksettlement for sharing this information.Greatly appreciated. We have to wait for the New SET O Form to see what other change in store for us.,

[uksettlement]

Thanks uksettlement, this is very helpful. I have a further question I would like to resolve but cannot find the appropriate contact email address. Could you share the one you used please?

Thanks very much

I had written to ukba on whatdotheyknow.com as the question was raised under freedom of information.