172 days absense in the first year.

[faisalshah35]

I was just reading the rule. I am on Tier 1 General.


b) If you have time in the UK as a "not-sponsored" migrant under certain immigration categories - UK ancestry; business person; investor; innovator; writer, composer, or artist; retired person of independent means; Tier 1 (General); HSMP (not applying under Appendix S of the rules, i.e. - after 5 years) - then absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence must be provided for compelling or compassionate reasons only.

I just went outside uk for the first year of my 5 years for 172 days. I just went on a long break. I had no job in the uk and I was not ill. So what does that bold line means? Do I have to show some proof when I apply for ILR?

[wpilr_nov12]

I was just reading the rule. I am on Tier 1 General.


b) If you have time in the UK as a "not-sponsored" migrant under certain immigration categories - UK ancestry; business person; investor; innovator; writer, composer, or artist; retired person of independent means; Tier 1 (General); HSMP (not applying under Appendix S of the rules, i.e. - after 5 years) - then absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence must be provided for compelling or compassionate reasons only.

I just went outside uk for the first year of my 5 years for 172 days. I just went on a long break. I had no job in the uk and I was not ill. So what does that bold line means? Do I have to show some proof when I apply for ILR?

The bold line means: - then absences must be for reasons connected with the applicant’s purpose for being in the UK. Just that.

Yes, you have to show some proof, in case you are asked for it.

[faisalshah35]

can you please explain what the line means? So it means that I was out of uk and it was not related to my tier 1 visa? Do you think that I qualify for the ILR then?

[wpilr_nov12]

follow this; http://www.immigrationboards.com/viewto ... ht=#775916

[faisalshah35]

sorry mate but I think you are sending me the link of my own post. It does not give me the answer to whether the proof of 172 days away from uk is still required.
I know it says that I dont have to fill the D2 and D3 but then when I read the point in bold it makes me think that my absences were not in line with tier 1 visa. I think you being an experienced member of this forum understand where I am coming from.

You yourself said that I have to show some proofs. So the information is kind of contradicting.

On one hand people on this forum are saying that they just wrote annual leave and were not asked for proof.

But on the other hand you say proofs are required.

Please can you type some lines and stop copy pasting the links. If you don't have time right now then you can explain it later..I don't mind that.

Thanks in advance.

[wpilr_nov12]

What are your reasons for absence of 172 days?
When did these absences happen? actual dates.
Have you worked out what it looks like on yearly windows?
Do you have evidence to support your reasons?

Until you share these details, you cannot expect others to guess what might or might not happen.

[faisalshah35]

What are your reasons for absence of 172 days?
When did these absences happen? actual dates.
Have you worked out what it looks like on yearly windows?
Do you have evidence to support your reasons?

Until you share these details, you cannot expect others to guess what might or might not happen.

17 june 2008 17 june 2009 172 Days absence
17 june 2009 17 june 2010 None
17 june 2010 17 june 2011 None
17 june 2011 17 june 2012 None
17 june 2102 17 june 2013 None

There was no reason. I did my masters from here and wanted a long break. So I just went back to my country.

What kind of evidence are you talking about? I have no evidence.

But I can get a medical certificate of 2-3 months from my country if that helps my case.

[wpilr_nov12]

There was no reason. I did my masters from here and wanted a long break. So I just went back to my country.

What kind of evidence are you talking about? I have no evidence.

But I can get a medical certificate of 2-3 months from my country if that helps my case.

Those are your answers. I am not able to answer any further.

[faisalshah35]

There was no reason. I did my masters from here and wanted a long break. So I just went back to my country.

What kind of evidence are you talking about? I have no evidence.



Those are your answers. I am not able to answer any further.

17 june 2008 17 june 2009 172 Days absence
17 june 2009 17 june 2010 None
17 june 2010 17 june 2011 None
17 june 2011 17 june 2012 None
17 june 2102 17 june 2013 None

There was no reason. I did my masters from here and wanted a long break. So I just went back to my country.

What kind of evidence are you talking about? I have no evidence.

Can you answer now?

Comon mate you have confused me. Deepa in one of the forum says no proof of 155 days is required?

Please for god sake. I have told you all the dates and the absences now.

[wpilr_nov12]

The rule says what it says.

My advice to you or anyone is never invent a history/incident/reason.

If you have enough faith in your circumstances, go ahead and apply. Don't wait for people to tell you just the good things.....

[faisalshah35]

The rule says what it says.

My advice to you or anyone is never invent a history/incident/reason.

If you have enough faith in your circumstances, go ahead and apply. Don't wait for people to tell you just the good things.....

I appreciate what you are saying. I am just saying your information is contradicting with the information given by other senior members.
Deepa says that no proofs have been asked. Plus I was reading one more post where the guy wrote annual absences as the reason and no proofs were asked. My only point is if D2 and D3 are invalid then why did u say that proof is required. Where does it say that in the guidance notes??

[wpilr_nov12]

The rule says what it says.

My advice to you or anyone is never invent a history/incident/reason.

If you have enough faith in your circumstances, go ahead and apply. Don't wait for people to tell you just the good things.....

I appreciate what you are saying. I am just saying your information is contradicting with the information given by other senior members.
Deepa says that no proofs have been asked. Plus I was reading one more post where the guy wrote annual absences as the reason and no proofs were asked. My only point is if D2 and D3 are invalid then why did u say that proof is required. Where does it say that in the guidance notes??

Conversely, where does it say a proof will NOT BE ASKED FOR?

Are you waiting for someone to say... yes Faisal, don't worry, they don't ask for any proof.. would you be happy then? Would you prepare your application based on that assurance? And then if they ask for the proof, would you come back here and ask if you could use the invented med certs?

[faisalshah35]

The rule says what it says.

My advice to you or anyone is never invent a history/incident/reason.

If you have enough faith in your circumstances, go ahead and apply. Don't wait for people to tell you just the good things.....

I appreciate what you are saying. I am just saying your information is contradicting with the information given by other senior members.
Deepa says that no proofs have been asked. Plus I was reading one more post where the guy wrote annual absences as the reason and no proofs were asked. My only point is if D2 and D3 are invalid then why did u say that proof is required. Where does it say that in the guidance notes??

Conversely, where does it say a proof will NOT BE ASKED FOR?

Are you waiting for someone to say... yes Faisal, don't worry, they don't ask for any proof.. would you be happy then? Would you prepare your application based on that assurance? And then if they ask for the proof, would you come back here and ask if you could use the invented med certs?

Your quote from one of the forums

I suspect the reason why there is no mention of paid leave or vacation for T1 Migrants is because they may be employed or self-employed, so they may not necessarily be paid for the vacation they take. Hopefully this clarifies the dilemma you have.

In summary, if you are a T1 migrant you would not need to provide an employer letter to confirm your annual leave or business related absences. But would need to submit a personal letter and evidence to support any absences that were due to serious or compelling compassionate reasons.

[cs95tdg]

OP, each applicant’s circumstances will be different, so you can never go by what one persons experience has been (or even what many people say). Note that the status of a users profile on this site just indicates how many posts they have made, so bear in mind that you may get equally good/bad/correct/incorrect advice from people irrespective of what there profile status is. You as an applicant will need to do the relevant background reading and decide for yourself, what advice or suggestions you want to follow through with.

All you will get on a forum such as this is individual interpretation of rules/guidance along with personal opinions. You appear to have read the guidance for T1G applicants; in summary what it says is that if you are applying for ILR as a T1G Migrant then you do not need to provide an employer letter for annual leave or business related absences. But you do need to provide a personal letter along with evidence for any absences due to serious or compelling compassionate reasons.

I suspect the single absence of 172 days you had in your first year, is not the same as the absences others have had. While technically you don't require evidence for it, a CW may very well question, what it was for, as you only have that absence and it was rather long. All I would suggest is that you be as prepared as you can be, to answer any questions that arise about it. No one on this forum can predict what a CW will ask you or if they will even question the absence at all. And neither can they tell you what reason or evidence to provide to support it, if you decide to. Only you can do this.

[faisalshah35]

OP, each applicant’s circumstances will be different, so you can never go by what one persons experience has been (or even what many people say). Note that the status of a users profile on this site just indicates how many posts they have made, so bear in mind that you may get equally good/bad/correct/incorrect advice from people irrespective of what there profile status is. You as an applicant will need to do the relevant background reading and decide for yourself, what advice or suggestions you want to follow through with.

All you will get on a forum such as this is individual interpretation of rules/guidance along with personal opinions. You appear to have read the guidance for T1G applicants; in summary what it says is that if you are applying for ILR as a T1G Migrant then you do not need to provide an employer letter for annual leave or business related absences. But you do need to provide a personal letter along with evidence for any absences due to serious or compelling compassionate reasons.

I suspect the single absence of 172 days you had in your first year, is not the same as the absences others have had. While technically you don't require evidence for it, a CW may very well question, what it was for, as you only have that absence and it was rather long. All I would suggest is that you be as prepared as you can be, to answer any questions that arise about it. No one on this forum can predict what a CW will ask you or if they will even question the absence at all. And neither can they tell you what reason or evidence to provide to support it, if you decide to. Only you can do this.

Cool this is the answer I was looking from you. You should have typed all this in your first reply. Had to do a lot to get all that out from you lol! take it easy pal..

[cs95tdg]

Cool this is the answer I was looking from you. You should have typed all this in your first reply. Had to do a lot to get all that out from you lol! take it easy pal..

This is my first response to this topic of yours. Note that, I haven't really stated anything different from what the former responses you got. Just to make sure you haven't mistaken what I've said, I cannot confirm that you won't have any issues in your application, due to the rather long single absence you have. It is upto you to prove that it did not constitute a break in your residence if the question arises by means of evidence & or explanation. Good luck with your application.

[faisalshah35]

Cool this is the answer I was looking from you. You should have typed all this in your first reply. Had to do a lot to get all that out from you lol! take it easy pal..

This is my first response to this topic of yours. Note that, I haven't really stated anything different from what the former responses you got. Just to make sure you haven't mistaken what I've said, I cannot confirm that you won't have any issues in your application, due to the rather long single absence you have. It is upto you to prove that it did not constitute a break in your residence if the question arises by means of evidence & or explanation. Good luck with your application.

Thanks for the Good Luck. I am not asking you to confirm anything. I wanted correct info about the rule. I just read this rule now.

In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only:
 UK ancestry
 business person
 investor
 innovator
 writer, composer, or artist
 retired person of independent means
 Tier 1 (General)
 Highly skilled migrant programme (not applying under Appendix S of the rules)
For the Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, counted backwards from the date of application for indefinite leave to remain (ILR).

[faisalshah35]

Plus if I have the rules in black and white then I am not afraid to question the case worker as well.

[mianrmm]

OP, each applicant’s circumstances will be different, so you can never go by what one persons experience has been (or even what many people say). Note that the status of a users profile on this site just indicates how many posts they have made, so bear in mind that you may get equally good/bad/correct/incorrect advice from people irrespective of what there profile status is. You as an applicant will need to do the relevant background reading and decide for yourself, what advice or suggestions you want to follow through with.

All you will get on a forum such as this is individual interpretation of rules/guidance along with personal opinions. You appear to have read the guidance for T1G applicants; in summary what it says is that if you are applying for ILR as a T1G Migrant then you do not need to provide an employer letter for annual leave or business related absences. But you do need to provide a personal letter along with evidence for any absences due to serious or compelling compassionate reasons.

I suspect the single absence of 172 days you had in your first year, is not the same as the absences others have had. While technically you don't require evidence for it, a CW may very well question, what it was for, as you only have that absence and it was rather long. All I would suggest is that you be as prepared as you can be, to answer any questions that arise about it. No one on this forum can predict what a CW will ask you or if they will even question the absence at all. And neither can they tell you what reason or evidence to provide to support it, if you decide to. Only you can do this.

Cool this is the answer I was looking from you. You should have typed all this in your first reply. Had to do a lot to get all that out from you lol! take it easy pal..

I really appreciate cs95tdg response. but please keep in mind that people are here to help only and that time is not paid for by us asking questions.

Sometimes we do not understand the question in form or cant able to map our situation with the evidences needed to prove something. people with general understanding helps by answering to remove any doubts we might have.

I Thank everyone for the help they are giving out.

[faisalshah35]

Anyways thanks for your time mate..much appreciated.

[faisalshah35]

thats true mianrmm. I thank him as well. It's not easy to work without getting paid.
cheers everyone.

[cs95tdg]

Not a problem. Everyone on this forum who answers questions does so in their spare time with the intent of helping others who require it.

My general advice is always to read what you can (UKBA application form/guidance/immigation rules & search this forum which already has a wealth of information) beforehand and ask specific questions once you have a certain amount of information yourself. This will help everyone all round.

Regarding the T1G guidance you have quoted "In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only:", you need to read and appeciate the purpose of it. If many T1G applicants came to the UK and took several very long holidays where they had no ties in the UK, I can see that it may constitute a break in residence & suspect a CW may too. So when reading the rules and your circumstances I'd always put context into it and understand why a rule was put in place in the first place. Note also that immigration rules always take precedence over other UKBA website statements and guidance. So always read the rules first.

[layman]

For the Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, counted backwards from the date of application for indefinite leave to remain (ILR).

Be aware that, unlike the preceding paragraph, Tier 1 General is not linked to the text in bold