ILR absence while unemployed

[zamboo3a]

If I go for a holiday while unemployed, for a month, does it break the continuty?

I will leave my current job and start another one but I want to have a holiday in between.

Thanks!

[Amber]

I assume this is for a PBS based application.

See Indefinite leave to remain – calculating continuous period in UK.

[zamboo3a]

I assume this is for a PBS based application.

See Indefinite leave to remain – calculating continuous period in UK.

Yes, but the information there is misleading. It doesn't give definitive answer to my question: Going outside the UK for few weeks between jobs can break the continuity?

[Amber]

For the purpose of future ILR, absences should be >180 days per 12 month period.

[abhisheks9]

I assume this is for a PBS based application.

See Indefinite leave to remain – calculating continuous period in UK.

Yes, but the information there is misleading. It doesn't give definitive answer to my question: Going outside the UK for few weeks between jobs can break the continuity?

few weeks or a month should be OK. just keep payslips, and P60 of current year handy to prove that you were economically active, and also offer letter if possible to prove you were NOT WITHOUT job.

PS: i am still long way to ILR, but hope to provide you with useful answer

[O_Relly]

For the purpose of future ILR, absences should be >180 days per 12 month period.

I think Amber meant to say, should not be > 180 days.

And no it will not break your continuity if you go on holiday in between jobs as long as it is less than the 180 days per 12 months.

However note, there is a new requirement in the Tier 1 General category as well, that you will have to submit proof of absences, like letter from employer for all absences in the 5 year period such as annual leave and like wise maybe copies of tickets with good reason for the period in between jobs.

See discussion here,
http://www.immigrationboards.com/viewtopic.php?t=129207

No reason to get alarmed reading the title or some of the posts in the above thread, if you browse in the ILR forum, you will see recent successful ILR experiences, where people have been granted ILR even in the case when they have not been able to supply letter from employer, as long as you can explain reason why and they are reasonable.

[Amber]

Thank you for the correction, I meant to use < not >.

[zamboo3a]

Thank you for the correction, I meant to use < not >.

In Secion 6 on the Set(O) form:
Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General);Tier 2 (Intra-Company Transfer);Tier 2 (General); Tier 2 (Minister of religion);
Tier 2 (Sportsperson); Tier 5 International Agreement, and permitted employment categories - except
Highly Skilled Migrants.
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

What does this mean?
Does it mean that if I leave the UK for 1 month while between jobs (holiday) I will break the continuity?

This seems to be a big problem, any one has answer please?

[zamboo3a]

Sorry for asking the same question again, it is important for me to understand the rule, which I can't really understand from UKBA.

I will take about 1 month/few weeks unpaid holiday between jobs. I do have an offer but I want to have a break and I want to visit family overseas.

Will this break the continuity ?

I wonder if this will break the continuity, as it is not compulsory for TIER 1 General visa to work, they will need to show earnings to to extend their visa, but they are not required to work certain amount of time, they can stay in the UK as long as their visa is valid. While Tier 2 and other sponsored visas can't do the same..


Any opinions?

[O_Relly]

Your understanding is correct.

No it will not break your continuity. You taking a holiday while being in between jobs will not break your continuity.

The advantage of a Tier 1 visa over other categories is the freedom to be able to change employers and to be able to look out for a job whilst not being employed.

[zamboo3a]

Your understanding is correct.

No it will not break your continuity. You taking a holiday while being in between jobs will not break your continuity.

The advantage of a Tier 1 visa over other categories is the freedom to be able to change employers and to be able to look out for a job whilst not being employed.

But then, why "245AAA. General requirements for indefinite leave to remain" says:

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.

?

It doesn't mention Tier 1 General. Then can they use the dry Policy and law to reject my ILR becuase of breaking continuity? It does not make any sense.

What do you thing?

Then, why it applies Tier 1 General but not to highly skilled migrant?

or they meant that Tier1G is included in highly skilled migrant?

[O_Relly]

That is correct as well, that is the new rule, which has been discussed in length, which I pointed out in my earlier comment.

any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here

My interpretation of that would be to provide a letter explaining, your one month holiday while being in between jobs, to visit your family or for recreational reason was very much consistent on the basis of your stay here.

[mantasingh]

I am little bit worried here now.

I was in UK deputed by my Indian employer. I went back to India to resign & came back after 78 days after serving my notice period.

Does this mean my continuity is broken?

Please gurus, assist me.