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sayome_now wrote:@syed_ILR
This guy got his ILR yesterday...
http://www.immigrationboards.com/viewtopic.php?t=131754
Or may be nobody applied in PEO During these days, because I saw one post, which had a quick decision in Croydon and empty queues.syed_ILR wrote:where are all the people who applied after 6th of april..I think they all got it and can't be bothered to share their experience !
syed_ILR wrote:where are all the people who applied after 6th of april..I think they all got it and can't be bothered to share their experience !
This is exactly what concerns me most and I did paste the same thing earlier, not sure anybody has noticed it or not. I think we should not panic but better wait and see.ldbright wrote:Don't you guys find the response from UKBA worrying as it seems even you are in employment in the UK, as long as you've have a non work related absence from the UK, the continuity is considered to be 'broken'. This is worse than the letter we have get from the employer as majority of us have been outside the UK during the 5 years.
https://www.whatdotheyknow.com/request/ ... us_perio_2
"Qa. Please confirm if the ILR candidate has to be in employment in the UK while the candidate is away (absence) from UK due to
personal reasons for less than 180 days in a year?
Aa. Absences due to personal reasons are not related to work or business, therefore any time spent outside of the UK for personal reasons would break continuity, regardless of whether or not the applicant was still employed in the UK."
I share your concern. Previously Tier 1 holders didn't need to prove their absences are work-related and I believe those who took personal leave (not paid, not exceeding 180 days in 5 years) were granted ILR. In other words, absences for personal reasons were disregarded. Now ukba is claiming something you did at the time when it was allowed is no longer considered so. Does this make sense?ldbright wrote:Don't you guys find the response from UKBA worrying as it seems even you are in employment in the UK, as long as you've have a non work related absence from the UK, the continuity is considered to be 'broken'. This is worse than the letter we have get from the employer as majority of us have been outside the UK during the 5 years.
https://www.whatdotheyknow.com/request/ ... us_perio_2
"Qa. Please confirm if the ILR candidate has to be in employment in the UK while the candidate is away (absence) from UK due to
personal reasons for less than 180 days in a year?
Aa. Absences due to personal reasons are not related to work or business, therefore any time spent outside of the UK for personal reasons would break continuity, regardless of whether or not the applicant was still employed in the UK."
Sep08T1Applicant wrote:This is exactly what concerns me most and I did paste the same thing earlier, not sure anybody has noticed it or not. I think we should not panic but better wait and see.ldbright wrote:Don't you guys find the response from UKBA worrying as it seems even you are in employment in the UK, as long as you've have a non work related absence from the UK, the continuity is considered to be 'broken'. This is worse than the letter we have get from the employer as majority of us have been outside the UK during the 5 years.
https://www.whatdotheyknow.com/request/ ... us_perio_2
"Qa. Please confirm if the ILR candidate has to be in employment in the UK while the candidate is away (absence) from UK due to
personal reasons for less than 180 days in a year?
Aa. Absences due to personal reasons are not related to work or business, therefore any time spent outside of the UK for personal reasons would break continuity, regardless of whether or not the applicant was still employed in the UK."
if thats the case then 95% of us are getting rejected. As I hardly know anyone who has not taken personal leaves and gone back home.suds19 wrote:I think it affects those who -
1> Went outside UK (absences) while between employment
2> Unpaid leaves absence from UK
Those who went outside on annual paid leaves only or business trips has nothing to worry, only pain is in collecting letters from employer(s).
Unfortunately I have both the above cases. For absence between employment I'm trying to reason with UKBA on two fronts -
a) Tier-2 are allowed short absence from UK if the gap is less than 60 days.
b) Before I went outside UK I already had joining letter from next employer who specifically asked me to join on a particular date in future thus creating a short gap.
On Unpaid leaves front, its a challenge. I'm trying to reason with UKBA that some employer allow employee to increase their annual leave entitlement at the start of the leave year by buying more annual leaves from their flexible benefit package, thereby sacrificing some part of annual salary. Whereas some employers allow the same thing through pre-agreed and approved unpaid leaves upto a certain number of days each year and is documented in organisation HR policy. How 245AAA rule is relevant in such cases?
syedaliuk wrote:if thats the case then 95% of us are getting rejected. As I hardly know anyone who has not taken personal leaves and gone back home.suds19 wrote:I think it affects those who -
1> Went outside UK (absences) while between employment
2> Unpaid leaves absence from UK
Those who went outside on annual paid leaves only or business trips has nothing to worry, only pain is in collecting letters from employer(s).
Unfortunately I have both the above cases. For absence between employment I'm trying to reason with UKBA on two fronts -
a) Tier-2 are allowed short absence from UK if the gap is less than 60 days.
b) Before I went outside UK I already had joining letter from next employer who specifically asked me to join on a particular date in future thus creating a short gap.
On Unpaid leaves front, its a challenge. I'm trying to reason with UKBA that some employer allow employee to increase their annual leave entitlement at the start of the leave year by buying more annual leaves from their flexible benefit package, thereby sacrificing some part of annual salary. Whereas some employers allow the same thing through pre-agreed and approved unpaid leaves upto a certain number of days each year and is documented in organisation HR policy. How 245AAA rule is relevant in such cases?
dimension7 wrote:I am thinking if I went for holiday to Mexico for 10 days taking paid annual leave, what kind of letter can my employer give me. They have no idea what I do when I am on leave, why should they bother? What should such an employment letter state anyway? Doesn't make any sense.
suds19 wrote:I have to politely disagree with @ldbright here. If @dimension7 had a paid annual leave, then the continuity is not broken.
@dimension7 - Employer's letter doesn't have to say what you did during your leaves. Ask them to give them a letter showing duration and category of leaves (Annual, Unpaid, Sick, Maternity, Paternity, etc.) for the entire period of your employment with them. Again not all leaves would have resulted in absence from UK, that is fine. Basically for each absence from UK in your ILR form, there should be a corresponding matching entry in letter from employer. For Business travel, there can be a separate letter as it is not a leave in the eyes of your employer.
Only the category of Unpaid leave from above breaks continuity as per new rule.
@syedaliuk - Did you mean 95% of us have either employment gap absence or unpaid leave absence in 5 years?
