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Re: The new rules on absences from the UK ILR - Tier 1 (General)..... FOR GENERAL DISCUSSION

I would appreciate anyone's feedback on this or if anyone has heard anything on the following points or anything else on the Dec 2012 changes:

* If ones absences are less than 180 days in total and less than 90 days in one hit, is this acceptable for for obtaining ILR?

* In the case of a Tier 1 (General) Migrant, what defines absences that are serious or compelling? Ie. What exactly defines when a Tier 1 (General) Migrant needs to provide evidence for UK absences?

* As per the latest guidelines, the absences for Tier 1 (General) must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. What exactly defines serious and compelling? and so as long as the absences are less than the 90days/180 days rule, does it mean the absences are acceptable and no evidence has to be shown for Tier 1 (General) migrant?

* What if Tier 1 (General) has exceeded the 90/180 day rule?

* Is a Tier 1 (General) now allowed 180 days absences in every one of the five qualifying years?

Very Good One- Waiting for reply

well done. Hope they clarify this soon

Have you heard anything back? Waiting anxiously ...

Given that standard annual leave is around 5 or 6 weeks and absences have to be either work related or annual leave, self-employed T1 (Gen) migrants may struggle to find relevant paperwork to prove that the any trips beyond 6 weeks of the year were work related. I think that is where the problems will arise.

Lucapooka wrote:Given that standard annual leave is around 5 or 6 weeks and absences have to be either work related or annual leave, self-employed T1 (Gen) migrants may struggle to find relevant paperwork to prove that the any trips beyond 6 weeks of the year were work related. I think that is where the problems will arise.

They are not asking any proof as per new rule.

Any update on this yet?

Hi Dear docmac80

have you got the answer to your letter from UKBA regarding your queries please?
Please share that reply here so that all the people can benefit from it who are having similar kind of issues.

Thanks and waiting for your reply

I think we can all relax here. M2008 had similar situation around absences and got his ILR today. As I understand if you are within allowed limit, no questions are being asked, you can get away with generic "family visit" or "holiday" reasons.

I have sent an email with similar enquiry to UKBA Ops Team, 10 working days have passed, no reply.

still awaiting a reply, been working closely with my immigration consultants, my situation should be fine so not worried..... its all about the 180 day/90 day rule in 5 years! if you are within this, I believe you will be fine

[quote="M2008"][quote="Lucapooka"]Given that standard annual leave is around 5 or 6 weeks and absences have to be either work related or annual leave, self-employed T1 (Gen) migrants may struggle to find relevant paperwork to prove that the any trips beyond 6 weeks of the year were work related. I think that is where the problems will arise.[/quote]

They are not asking any proof as per new rule.[/quote]


Hi,

What about the case if absence more than 180 days in total 5 years period. Still that no proof required eg: Business trip and Paid annual leave. The reason i am asking i got the letter from employer for the business trip and they didnt give a letter for the paid annual leave.

In that case, can you advise pls.

My question! What about those on tier 1 general who are self - employed? I don't have 5 weeks' paid leave , I can be on leave for as long as I want, so how do I need to prove my below 180 day absence in one given year?