Actually, a very bad news for Tier 1 general holders

[sheraz_aries]

I was closely following the thread and bit curious about the outcome people are getting into where their "continuous residency would break if you were unemployed and left uk", keeping in mind for Tier 1 General the applicant doesn't always needs to be employed.

[hsmpilr]

Hi All and gurus
I read this policy guidance for caseworkers

http://www.google.co.uk/url?sa=t&rct=j& ... 5338,d.d2k

It clearly specifies 'evidences' for absences. This is not the same as 'reason' for absences. Evidence for absence comes from our passport which has stamps in it. Am I wrong here ?
May be we are over-analysing ?

Reason is not evidence. Even in the form it says

Evidence of absence due to compelling or compassionate reasons is also required from all of the above
categories, and those applying under the Business person; Self-employed person; Investor; Innovator;
Writer; Composer, and Artist categories.
6.3 What evidence has been provided to support the reasons for all absences from the UK?

I think for people who live in countries where both In and out stamp is stamped, there is no need to submit any letter.

Do we have any instance when a person is *asked* explicitly for employer letter ?

Or am I going mad here ?

[hsmpilr]

http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?

[sheraz_aries]

http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?

the case you mentioned had more then 90 days of absence within 12 months perion [2009 (123 days)].

[sheraz_aries]

Is that true that Tier 1 candidate who absence from UK while unemployed have break there continuous period in uk?

[hsmpilr]

http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?

the case you mentioned had more then 90 days of absence within 12 months perion [2009 (123 days)].

Agreed. ButI I am not talking about the case here. As per the person there is one more case which was approved despite worse than his. I hate to be at the mercy of CW.
I think postal applications are better in this manner.

[hsmpilr]

Is that true that Tier 1 candidate who absence from UK while unemployed have break there continuous period in uk?

Yes it seems from the way UKBA has put it. But we are not having a clear information on this. why should Tier1 be dependent on an employer for letter and declarations as-long-has he has proved payslips and bank statements. This does annoys me especially when I am due to apply soon.

[sheraz_aries]

Yes it seems from the way UKBA has put it. But we are not having a clear information on this. why should Tier1 be dependent on an employer for letter and declarations as-long-has he has proved payslips and bank statements. This does annoys me especially when I am due to apply soon.

Have you got absences while you were unemployed? How they can put unemployed absences as break of continuous period while Tier 1 General doesn't need to be on employment for whole 5 year period?

[syed_ILR]

http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?

the case you mentioned had more then 90 days of absence within 12 months perion [2009 (123 days)].

Agreed. ButI I am not talking about the case here. As per the person there is one more case which was approved despite worse than his. I hate to be at the mercy of CW.
I think postal applications are better in this manner.

@hsmpilr

As someone has already told you that the absences were more than 90 day in this case. As far as I remember the guide lines back then..if the absence was greater than 90 days then it would be the discretion of some senior CW. Obviously each case will be dealt on its own merit.


@hsmpilr..what is your case..why don't you share..

[sheraz_aries]

I been away from uk for around 2 weeks for holiday visits between changing jobs so what sort of evidence do i need provide?

[hsmpilr]

I been away from uk for around 2 weeks for holiday visits between changing jobs so what sort of evidence do i need provide?

This is the confusion here

1) A Tier1 person in Job has to provide information about each absence from the employer that all absences are paid and/or for business visits. Any absence unpaid means break in 5 year period.
2) A Tier1 person on self-employed umbrella company needs to just submit a personal letter for absences. There is no break in the 5 year period.
3) A Tier 2 person is allowed 60 days off without any question by submitting a personal letter

Hence only a permanently employed person is penalised here.
Great rule change by whome I can sarcastically call 'extremely considerate and intelligent people'

[syed_ILR]

I been away from uk for around 2 weeks for holiday visits between changing jobs so what sort of evidence do i need provide?

A personal letter will do.

[sheraz_aries]

I been away from uk for around 2 weeks for holiday visits between changing jobs so what sort of evidence do i need provide?

This is the confusion here

1) A Tier1 person in Job has to provide information about each absence from the employer that all absences are paid and/or for business visits. Any absence unpaid means break in 5 year period.
2) A Tier1 person on self-employed umbrella company needs to just submit a personal letter for absences. There is no break in the 5 year period.
3) A Tier 2 person is allowed 60 days off without any question by submitting a personal letter

Hence only a permanently employed person is penalised here.
Great rule change by whome I can sarcastically call 'extremely considerate and intelligent people'

Are you aware of any outcome since these changes where applicant had applied for ILR with absence while unemployed?

[sheraz_aries]

A personal letter will do.

are you sure that a personal letter would fulfill this as the email response from ukba says its a break in continuous residency?

[syed_ILR]

A personal letter will do.

are you sure that a personal letter would fulfill this as the email response from ukba says its a break in continuous residency?

Yeah if you read this thread you will see one of the guys applied..170 of absence without a job. He got approved.

[sheraz_aries]

A personal letter will do.

are you sure that a personal letter would fulfill this as the email response from ukba says its a break in continuous residency?

Yeah if you read this thread you will see one of the guys applied..170 of absence without a job. He got approved.

but he was HSMP + Tier 1 and its not clear that those holidays were in Tier1 or HSMP

[syed_ILR]

A personal letter will do.

are you sure that a personal letter would fulfill this as the email response from ukba says its a break in continuous residency?

Yeah if you read this thread you will see one of the guys applied..170 of absence without a job. He got approved.

but he was HSMP + Tier 1 and its not clear that those holidays were in Tier1 or HSMP

if u r so worried..then just wait for more people to write their experience.

[hsmpilr]

but he was HSMP + Tier 1 and its not clear that those holidays were in Tier1 or HSMP

Agree. I am still not convinced. The reason being each case is unique.

Absences allowed and someone was successful means in the period when they were on Tier1 (general) category

• a) was the absence when the person was employed and on unpaid leave
  b) was the absence when the person was unemployed
  c) was the absence when the person was employed and was on paid leave

I see #c in lots of cases , some cases with #b but none until now on #a
You fall under #b above and I think there are some cases who are successful. Again these are not absolute. UKBA needs to be alerted and we need a clear information on why the heck are we penalised about absences ?
It must be either clearly stated that 180+ days is when the rules apply or that they are simply happy to see us suffer by enjoying to apply rules in retrospect especially when absences cannot be reversed (unless time travel is possible).

[syed_ILR]

Just wanted to update you that one of friend got approval from Solihull today with 60 days(Total) absence all were vaccation , no letters were asked.

Also want to inform that process in Solihull now changed (payment before Caseworker looks the case)

read this..

[syed_ILR]

Guys, don't stress yourself too much by reading the responses from UKBA. Unlike WP/T2, HSMP/T1 was never required to be working all year around so unpaid leave would never break continuity of your stay.

From experience I can tell you, don't read too much into UKBA's responses either, half the time people responding don't know their arses from their mouth.

Chill! (If you can) Just get letters from your employers detailing your holidays for the period you were employed and for the period you were unemployed or self employed, just write letters yourself.

read this

[sheraz_aries]

Guys, don't stress yourself too much by reading the responses from UKBA. Unlike WP/T2, HSMP/T1 was never required to be working all year around so unpaid leave would never break continuity of your stay.

From experience I can tell you, don't read too much into UKBA's responses either, half the time people responding don't know their arses from their mouth.

Chill! (If you can) Just get letters from your employers detailing your holidays for the period you were employed and for the period you were unemployed or self employed, just write letters yourself.

read this

@syed_ILR I understand from where you coming from. and thats for the quotes, but again with the successful case you quoted above is it mentioned that those holidays were during Tier 1 visa?

[syed_ILR]

Guys, don't stress yourself too much by reading the responses from UKBA. Unlike WP/T2, HSMP/T1 was never required to be working all year around so unpaid leave would never break continuity of your stay.

From experience I can tell you, don't read too much into UKBA's responses either, half the time people responding don't know their arses from their mouth.

Chill! (If you can) Just get letters from your employers detailing your holidays for the period you were employed and for the period you were unemployed or self employed, just write letters yourself.

read this

@syed_ILR I understand from where you coming from. and thats for the quotes, but again with the successful case you quoted above is it mentioned that those holidays were during Tier 1 visa?

I am assuming it is tier 1. When is ur ILR due ?

[sheraz_aries]

I am assuming it is tier 1. When is ur ILR due ?

In 6 months time.

[ldbright]

My question is that when asking the letter from your employer, do you confirm working day as absence day or 'nature' days which inculds weekends etc. for example, if your holiday entitlement is 20 days per year, and you took 25 days, but 8 of these days are weekend/ bank holidays etc. so all your holidays are still paid.

Hope someone can answer this question.

[syed_ILR]

I am assuming it is tier 1. When is ur ILR due ?

In 6 months time.

lol chillax then bro!!! everythin will be in black n white by then...