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Hi,

I'm a bit confused by the new ILR rules and with this new SET O form.
Is Section 6.3 for Tier 1 General?

I'm on Tier 1 general and have only spent 60 days out of UK in total. It was mixture of holidays and work related travel. Do i need to provide evidence of these absence???

Senior members plz reply ASAP as i have my ILR appointment next week

Thanks

dansid wrote:Hi,

I'm a bit confused by the new ILR rules and with this new SET O form.
Is Section 6.3 for Tier 1 General?

I'm on Tier 1 general and have only spent 60 days out of UK in total. It was mixture of holidays and work related travel. Do i need to provide evidence of these absence???

Senior members plz reply ASAP as i have my ILR appointment next week

Thanks

@Dansid,

Page 10, Section 6.3:

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

under 180 days of absence/year no evidence required.

@ Spidery_thread

Went through the link below, it doesn't say clearly that if you have 180 or less absence no need for absence letter from employer for tier1 visa holders.

I am going for PEO on Monday & have a total of 77 days absence in the last 5 years, could you please let me know

From 13th December 2012, UK Border Agency requires Tier 1 (General) migrants to provide evidence of all absences from the UK during the continuous period that were due to compelling or compassionate reasons. This applies to applications received on or after this date and not to considerations of cases received prior to but decided after 13th December 2012.

Under Highly Skilled Migrants Appendix S.

UKBA wrote:
For the Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, counted backwards from the date of application for indefinite leave to remain (ILR).

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

Look for Page 12

(with thanks to Damanisshallo)

It doesn't mention Tier1(General).

HSMP(Appendix S) refers to HSMP under Judicial review.

Please correct me if i am wrong

Spidery_thread wrote:Under Highly Skilled Migrants Appendix S.

UKBA wrote:
For the Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, counted backwards from the date of application for indefinite leave to remain (ILR).

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

Look for Page 12

(with thanks to Damanisshallo)

I Think karthikmsuk has got a valid point.

It doesn't exclude Tier1(General),So it means we will have to provide evidence on Tier 1(G) regardless number of days and reason of your absent.

My ILR appointment is next week (T1 G + HSMP) and I have about 120 days in total off to see family each year.

I left 6.3 blank before but after this thread I am deeply concerned what evidence should I dig out,as it doesn't sound easy to chase current and previous employer in this festive time period?

@ Spidery_thread

This rule is only for Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant (applying under Appendix S of the rules) categories which is (HSMP) judicial review

There is need to have this absence issue clarified, particularly for Tier 1 General. Someone somewhere must know the answer.

Hi,

Please refer the below thread, which is already discussed about the same issue.
http://www.immigrationboards.com/viewto ... sc&start=0

Points to note about the Tier(1) general -- new set(O) form:

1).For tier 1 general, there is no need to submit the evidence unless the absence are because of compelling reason.
2).But on safe, if there are any work related absent , try to get the letter from employer.Again , for tier(1) general, there are is no requirement to submit the evidence along with set(O) form.
3).In the section 6.3, just list down the the absent according to date and just mention the reason.
4).In case of Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant, there is no need to write the reason for question 6.3, provided that absent are less than 180 days.

I hope this clears.

ashrithb wrote:Hi,

Please refer the below thread, which is already discussed about the same issue.
http://www.immigrationboards.com/viewto ... sc&start=0

Points to note about the Tier(1) general -- new set(O) form:

1).For tier 1 general, there is no need to submit the evidence unless the absence are because of compelling reason.
2).But on safe, if there are any work related absent , try to get the letter from employer.Again , for tier(1) general, there are is no requirement to submit the evidence along with set(O) form.
3).In the section 6.3, just list down the the absent according to date and just mention the reason.
4).In case of Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant, there is no need to write the reason for question 6.3, provided that absent are less than 180 days.

I hope this clears.

Ashrithb,

section 6.3 of the form asks the question ' What evidence has been provided to support the reasons for all absences from the UK?' and then there are several option boxes provided.

Are you saying this section of the form should be omitted by Tier 1 General applicants that have absences of less than 180 days?

Bildor wrote:

ashrithb wrote:Hi,

Please refer the below thread, which is already discussed about the same issue.
http://www.immigrationboards.com/viewto ... sc&start=0

Points to note about the Tier(1) general -- new set(O) form:

1).For tier 1 general, there is no need to submit the evidence unless the absence are because of compelling reason.
2).But on safe, if there are any work related absent , try to get the letter from employer.Again , for tier(1) general, there are is no requirement to submit the evidence along with set(O) form.
3).In the section 6.3, just list down the the absent according to date and just mention the reason.
4).In case of Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant, there is no need to write the reason for question 6.3, provided that absent are less than 180 days.

I hope this clears.

Ashrithb,

section 6.3 of the form asks the question ' What evidence has been provided to support the reasons for all absences from the UK?' and then there are several option boxes provided.

Are you saying this section of the form should be omitted by Tier 1 General applicants that have absences of less than 180 days?

I and my wife got our separate ILRs this week. We skipped this question, nothing was asked at our PEO appointments. Both of us had less than 180 days absence in total and in my wifes case some absences were unpaid.

Congrats Daydream,

i guess with time we will know whether 6.3 is not relevant to Tier 1 General applicants with absences less than 180 days.

i hope people post their experiences here so the rest of us can know how best to tackle this.

@ Daydream

Congrats mate and thanks for sharing this information. One of my friend did the same (skipped Sec 6.3) and wasnt asked about any evidence at all...and got his ILR stamped.
I would personally skip it as well and just to be on the safe side wud take along a personal letter confirming reasone of all these absences.

I hope this confusion will be clarrified in coming days as more people will share their ILR experiences.

Bildor wrote
section 6.3 of the form asks the question ' What evidence has been provided to support the reasons for all absences from the UK?' and then there are several option boxes provided.

Are you saying this section of the form should be omitted by Tier 1 General applicants that have absences of less than 180 days?

Set(o) application form question 6.3 (paragraphs2) : Evidence of all work-related absences (including paid annual leave) is required from those applying
under 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.

Answer: From the above it is mentioned that 'except Highly Skilled Migrants', which is clearly explaining that evidence is not required Highly Skilled Migrants.
As per my understanding, tier1(general) is part Highly Skilled Migrants and full list of 'Highly Skilled Migrants' can be found from the below link.
http://www.ukba.homeoffice.gov.uk/visas ... ing/tier1/


Set(o) application form question 6.3 (paragraphs2): Evidence of absence due to compelling or compassionate reasons is also required from all of the above
categories, and those applying under the Tier 1 (General); Business person; Self-employed person;
Investor; Innovator; Writer; Composer, and Artist categories.
Answer: From the above, it is clearly written that evidence only required for tier1(general) in case compelling or compassionate reasons.


Set(o) application form question 6.3: What evidence has been provided to support the reasons for all absences from the UK?
Answer: Need to look this part of question in context to the above two paragraphs.If the both paragraphs co relates with this questions, then only the evidence being asked for the visa categories of type tier2 and tier5.


I have set(o) appointment on 2nd january and provide the update after my (successful) visa.

ashrithb wrote:

I have set(o) appointment on 2nd january and provide the update after my (successful) visa.

Ashrithb,

how did you visa applicaiton go? Hopefully it all worked out well.

@Bildor -- My ILR got approved on 2nd January.
Please find the more details at below link.
http://www.immigrationboards.com/viewto ... 757495#757

Got my ILR approved as well today

dansid wrote:Got my ILR approved as well today

Congrats dansid,

Can you kindly share your experience with us, particularly areas related to absensces as this happens to be a grey area at the moment

Hi All,

I understand from you all esteemed members, that in case of the Tier 1 applicant, there is no requirement to provide a letter from the employer, explaining the reason for his leaves (if less than 180)

What about the case, when the applicant initially arrived on Work Permit (sept 2007) and switched to Tier 1(April 2009) and has been on Tier 1 since.

Will he/she need the letter from the employer even if there absenses have been less then 180 ?

Regards,

sn00pDaisy wrote:Hi All,

I understand from you all esteemed members, that in case of the Tier 1 applicant, there is no requirement to provide a letter from the employer, explaining the reason for his leaves (if less than 180)

What about the case, when the applicant initially arrived on Work Permit (sept 2007) and switched to Tier 1(April 2009) and has been on Tier 1 since.

Will he/she need the letter from the employer even if there absenses have been less then 180 ?

Regards,

An employer letter to confirm absences is not required for those who have their 5 year residence made up of both WP+T1G. There have been several success cases (post 13th Dec 2012) posted on this forum which appear to confirm this.

Hi all

Please find my ILR experience under:


http://www.immigrationboards.com/viewto ... highlight=

Hello Senior members..,

I am applying for SET(O) (Tier 1 General) soon for myself and 1 dependant, I have a doubt about cohabitation document to clear up.
We planning to submit the following:

(1) Both of us - Tenancy Agreement (shows mine and dependants name)
(2) For Dependant - Vehicle insurance papers. (Only dependants name)
(3) For Dependant - Bank Statement - Bank use Miss title for my wife.., is this an issue..?
(4) For Dependant - Letter from NHS. NHS put my wifes name and my surname on their letters instead of her maiden name (all other documents including passport shows her maiden name) is this a problem..?
(5) I am also adding one utility bill, which shows my name only.

Are these documents enough or do we need to provide some more documents..? like drivers licence or any previous letters from UKBA..?