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what falls under compelling or compassionate?

Posted: Tue Jan 08, 2013 7:02 pm
by saudbs
Hello Seniors

Here is quote ,

"6.3 Continuous period of five years
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."

Below is the time I spent outside UK.

2012= 39 days UK paid annual leave and work from home

2011= 40+3 days UK paid annual leave and official visit

2010= 59 days UK paid annual leave plus work from home

2009= 27 days UK paid annual leave and official visit

2008= 77 days UK paid annual leave and work from home

In total five years time I spent around 245 days outside UK.

Do I need to provide evidence for official visit or annual leave or work from home?

As I understand accorrding to new rules from dec/12 , 180 days within 12 months period are allowed and I am not exceeding 180 days within 12 months period. so i dont need to provide any evidence? is that correct?

Posted: Tue Jan 08, 2013 10:50 pm
by saudbs
any comments seniors?

Posted: Wed Jan 09, 2013 11:47 am
by saudbs
any comments please? :(

Posted: Wed Jan 09, 2013 12:22 pm
by shahid2000
Not sure about the way you are calculating the continous period but regarding the evidence of absence you dont have to provide one since all your absenses are below the 180 day limit and are paid.

However I suggest you get the proof that these were paid holidays if you can - it is not required though. This could be a letter from the employer or your salary slips and bank statements for the period.

Hope this helps.

Posted: Wed Jan 09, 2013 12:27 pm
by saudbs
Thanks Shahid :)

I was on student visa from jan 2004 then i got SEGS and then
I am on hsmp/tier 1 general from feb 2008, so my 5 years are done on tier 1 general on feb 2013.

Posted: Wed Jan 09, 2013 1:34 pm
by shahid2000
No prob Saud. My case is exactly the same. What i was saying about calculating the continous period is that you "dont" count separate years as
year 1 - 2012
year 2 - 2011 .....

you count them from the date to application going backwards and then count the holidays in that 365 day period. See ILR FAQ if you have not done it this way.

Posted: Wed Jan 09, 2013 1:40 pm
by saudbs
yep i have counted from feb to jan.

Thanks for all ur help