Tier 1 General - ILR Rules

[Satya9999]

Hi,

I am on Tier 1 General visa.

I was out of the country many times on personal vistis.
But never exceeded 180 days in a streach.

However the new rules http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

say we can stay 'per year' less than 180 days in a streach.
Does this mean that in the 5 years span, i can stay less than 180 days per year ?


Or

is it 180 days for 5years.

I am going through different formus but never got a clear cut answer on this.

Please can any one provide me right information.

Thanks.

Satya

[uksettlement]

refer to this document for clear understanding of the rules now in place...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Satya9999]

The attachement says

No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).

Does this mean that case officer accepts the ILR application if i stay out of the country..
1st year -160 days
2nd year - 170 days
3rd year - 140 days
4rth year - 165 days
5th year - 175 days

[uksettlement]

yes. Remember the key is to calculate absence backwards from the date of application.

[Satya9999]

How does that make a difference, as all stays outside are less than 180 days.

[uksettlement]

How does that make a difference, as all stays outside are less than 180 days.

huh???

[cs95tdg]

How does that make a difference, as all stays outside are less than 180 days.

Its simple arithmetic, the date you start counting your absences from does make a difference. In your case, you appear to have absences which come close to the allowed threshold in each year (160, 165, 170, 175 etc...). Therefore there is always the distinct possibility that you may exceed the 180 day annual threshold, when you change the date you start counting them from.

[Satya9999]

Hi,

Thanks for the responses.

When i go through few forms i can still see ppl talking about whether 180 days for 5 years or 180 days per year that you can spend out of the country.

Do we have any cases where A person got ILR after this new rules are implemented?

Also one more question, all those days that i stayed Outside country are my personal visits. i got salary for few days as i worked from Home(outside UK) but there is no letter from company.

Is this Ok?

[uksettlement]

loads! Search this forum for the cases.

[uksettlement]

Hi,

Thanks for the responses.

When i go through few forms i can still see ppl talking about whether 180 days for 5 years or 180 days per year that you can spend out of the country.

Do we have any cases where A person got ILR after this new rules are implemented?

Also one more question, all those days that i stayed Outside country are my personal visits. i got salary for few days as i worked from Home(outside UK) but there is no letter from company.

Is this Ok?

also now i have got my ILR and I was away for 258 days in total and also had a st a stretch absence for 150 days. I got ILR without providing any absence letters and also I left D2 blank with a note that I understand that this question is not required as per the current rules hence leaving it blank.

[girish]

Hi uksettlement,

Does that mean that we can be away from UK for upto 180 days and not required to show any proof.

I spoke with a solicitor and her reply is as below:

Although the Immigration Rules have changed stating that an individual can have absences of 180 days per year, you will still be required to provide documentary evidence of all your absences. You will also need to demonstrate that the UK was your main base during your absence.

Is the above statement correct ? If so; what proof do i need to show as i was sent to India on staff rotation policy at that time with 4.5 months Gap

Thanks

[uksettlement]

Hi uksettlement,

Does that mean that we can be away from UK for upto 180 days and not required to show any proof.

I spoke with a solicitor and her reply is as below:

Although the Immigration Rules have changed stating that an individual can have absences of 180 days per year, you will still be required to provide documentary evidence of all your absences. You will also need to demonstrate that the UK was your main base during your absence.

Is the above statement correct ? If so; what proof do i need to show as i was sent to India on staff rotation policy at that time with 4.5 months Gap

Thanks

No proof is needed if you on Tier 1 General

[Kevin24]

Hi uksettlement,

Does that mean that we can be away from UK for upto 180 days and not required to show any proof.

I spoke with a solicitor and her reply is as below:

Although the Immigration Rules have changed stating that an individual can have absences of 180 days per year, you will still be required to provide documentary evidence of all your absences. You will also need to demonstrate that the UK was your main base during your absence.

Is the above statement correct ? If so; what proof do i need to show as i was sent to India on staff rotation policy at that time with 4.5 months Gap

Thanks

#

Guys!!Listen to the Expert uksettlement's advice.

No proof is needed if you on Tier 1 General

[uksettlement]

Guys!!Listen to the Expert uksettlement's advice.

No proof is needed if you on Tier 1 General

[/quote]

Thanks Kevin.

[Kevin24]

Guys!!Listen to the Expert uksettlement's advice.

No proof is needed if you on Tier 1 General

Thanks Kevin.[/quote]

No fuss Mate! Long May continue your Professional and Prompt advise for all to benefit.

[girish]

Hi,
Many Thanks for the reply that no evidence is required for absences for those who are on tier-1 category.
Could you please point me as to where this is written on the UKBA guidelines ? I tried looking for it but couldn't find it

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks
Girish

[uksettlement]

Girish,

Have a look at ...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[cs95tdg]

See Page 10-11:

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)

[girish]

Hi Uksetttlement,
Yes i went through the same document; but couldnt find where it states that evidance is not required for Tier-1(general) category ?

Hi cs95tdg,
From that statement you provided; it sounds like evidence is required for tier-1 visa ?

Thanks

[cs95tdg]

From that statement you provided; it sounds like evidence is required for tier-1 visa ?

If you read the statement I've highlighted in blue carefully, you'll notice that it says evidence is only required if the absences were due to serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only

So unless your absences fall under that category, you are not required to submit evidence.

[girish]

So; i was asked by my company to work from India for 4.5 months and not paid UK salary for those 4.5 months. This is neither compelling nor compassionate I guess; Hence i need not provide any reasons ?

[cs95tdg]

So; i was asked by my company to work from India for 4.5 months and not paid UK salary for those 4.5 months. This is neither compelling nor compassionate I guess; Hence i need not provide any reasons ?

Yes, that would be correct.

[amit99]

Quick question,
I understand that Tier1 General are not required to prive proof for up to 180 days of work related absences but not clear on what basis ukba decide it's a work related absence and absence is not due to comassionaite or compleeing reason and prrof is not required.

[Satya9999]

Hi cs95tdg,

Page 20 in the document

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

says..

 medical certificates
 birth or death certificates
 evidence of disruption to travel arrangements.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



So, here he is pointing to evidences that are mentioned as Medical certifaltes/birth or death etc..

Also it says ...In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK

Which means, if you are staying out of country for 180 days in a year, then if the reason is for

a) reasons connected with the applicant’s purpose for being in the UK - My emplyment in my case.

So should get a letter from emplyer about why i was staying 180 days out of country.

b) reasons connected to serious or compelling compassionate reasons.

So should provide medical certificates / birth /death certificates/ disruption in travel arrangements , which ever is appilcable for you.




So If you stay outside country for 180 days in a year you should fall under above mentioned a or b case and should provide relevent evidences.


Is my understanding wrong ??

[Satya9999]

Hi cs95tdg,

Page 20 in the document

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

says..

 medical certificates
 birth or death certificates
 evidence of disruption to travel arrangements.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



So, here he is pointing to evidences that are mentioned as Medical certifaltes/birth or death etc..

Also it says ...In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK

Which means, if you are staying out of country for 180 days in a year, then if the reason is for

a) reasons connected with the applicant’s purpose for being in the UK - My emplyment in my case.

So should get a letter from emplyer about why i was staying 180 days out of country.

b) reasons connected to serious or compelling compassionate reasons.

So should provide medical certificates / birth /death certificates/ disruption in travel arrangements , which ever is appilcable for you.




So If you stay outside country for 180 days in a year you should fall under above mentioned a or b case and should provide relevent evidences.


Is my understanding wrong ??