Tier 2 - ILR Query <URGENT>

[krishtr]

Hello,

I was hoping someone here can clarify my predicament.

I'm due for my ILR in a week's time. I was initially on work-permit till November 2012 and then changed to Tier 2 General.

I was made redundant in October 2012. My last date with my previous employer was 30th November 2012. My Tier 2 General visa was stamped on 20th November 2012. My joining date with the new employer was January 07 2013.

In the month of December 2012, between (4th and 20th) I went to India for 2 weeks. However, since my joining date with the new employer was January 07 2013, this will not be shown as Annual leave. Also, since this was after my last date with the old employer, they will not show this absence as well.

Will this absence be regarded as a break in continuous residence period? I have all the documents in place, I was also paid in the month of December by my previous employer (redundancy pay, I have a pay-slip as proof), I was still a resident in UK in that period as I have council tax and rents to prove it and I have all my leaves accounted for by my 2 employers (except this one). I'm not sure of this absence as this happened before I joined the new employer and after I got the new visa.

Can any one guide me please?

Thanks in advance.

[krishtr]

Can anyone share their thoughts on this one please? I have less than a week to go for my appointment.

Thanks.

[Subirajd]

Krishtr,
When I applied for my ILR in Mid April this year in Croydon, CW did not ask for any absence letter as long as the absences are within the maximum allowed time and in line with ones annual leave. What is the reason for not starting work as soon as your Tier 2 was approved and you received your BRP?
Perhaps you can ask your current employer to provide a letter for supporting the late start.

[krishtr]

Hi Subirajd,

Thanks for taking time to reply.

I'm getting a letter from my new employer for the late start. The employer decided to postpone my joining date because December is a lean period with most of them on holidays. So (I think they wanted to save a month's salary) they decided to postpone. I did not have a say in this.

My new employer refused to acknowledge my absence (which I expected) since my official joining date was only after my leave.

Do you think this will be an issue, now that I have a letter which confirms the late start?

Thanks again!

[Subirajd]

Krishtr,
see link below under the section Absences which will not break continuity in continous period where it says that you are allowed to take short trip upon conclusion of previous employment before starting work as long as the period between last day of work and new work does not exceed 60 days.

http://www.ukba.homeoffice.gov.uk/sitec ... w=Binaryus period

[krishtr]

Hi Subirajd,

I did go through this document and I also interpreted the statement like the way you did.

However, my doubt was if the 60 days and short holiday is BEFORE the end of the old visa and if I was allowed to travel AFTER the new visa was granted. Normally, if the trip happened after the new visa, you would expect it to be acknowledged by the new employer since it could be taken as your annual leave. However, here my absence is not acknowledged by my employer and my absence was between the end date and the start date. Hence my doubt.

I did not find any post or anyone in the same situation and hence I wanted to confirm my understanding.

I was planning to mention this leave in a separate letter since I wanted to keep things open and be honest about it. I'm hoping that the letter for late start as well as the fact that it was just for 2 weeks, should convince them that it should be ok.

Thanks again.

[Subirajd]

Where have you booked your appointment? I am sure that you would be fine as the absences are within ones normal holiday period abroad. What about your previous absences. How do they average out per year?

[krishtr]

Its booked at Croydon PEO. All my absences are accounted for except these 2 weeks. I have them in official letters from my respective employers.

My understanding is that according to the new rules, one is allowed upto 180 days PER YEAR - personal + business. Correct? If yes, then my previous absences (plus this one) are well within this limit. However, if its 180 days through the entire 5 year period, then I think I would be on the border line though all the leaves except the 2 weeks are accounted for.