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Hi Group,

First of all, you guys are doing an excellent job here. This is quite a helpful forum.

I am in the UK on Tier 1 (General) and am planning to apply for ILR in a few weeks. Would like to know your opinions on my scenario below:

These are my time-lines:
EC: June 2008 (Tier 1 (General))
First UK Entry: August 2008 (Employed with Indian Company A)
Offer Letter from UK Company B: Early September 2008
First Leave from UK: Mid September to Mid November 2008 (To resign and serve notice for Company A)
Joined Company B: Mid November 2008

I am planning to put this first leave from UK as work related - "connected with the applicant's purpose for being in the UK" since I went out of UK as my UK Company B required me to discontinue my employment with Company A and provide references first.

What do you guys think? If anyone else has been in the similar scenario - how have they projected this first leave for their ILR application?

Appreciate all your suggestions and opinions.

Thanks,
Mohit

as it is less then 90 days so either if you put it work related or personal, it does not make difference

I put my long gaps as personal visit so why to waste time for work related evidences when it was personal anyway, so just put as if away to see family or away to explore new business ventures in personal capacity which will cover you

[quote="ali_asad_pk"]as it is less then 90 days so either if you put it work related or personal, it does not make difference

I put my long gaps as personal visit so why to waste time for work related evidences when it was personal anyway, so just put as if away to see family or away to explore new business ventures in personal capacity which will cover you[/quote]

Thanks Ali for your quick response.

We need to provide evidence for each leave we have taken viz. "Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."

This first leave was not an annual leave as my employment had started with UK Company B (though I had their offer letter before I went on leave). Am not sure how exactly to project it?

Did you also take your long gap before you started your first job here?

Am particularly confused by "If the absences are in connection with other employment outside the UK, which demonstrates the employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken. " (Guidance – ILR – calculating continuous period in the UK – v7.0, Page 11)

The sentence you quoted from SET (O) has second line as well, the line you quoted is for Tier 2 etc not for Tier 1 (G)

T1G only has to provide evidence of compelling and compassionate absences

I had some gaps but I wrote them as personal and had employer letting confirming that I was on personal leave during that time but CW did not ask me any evidence

Thanks again Ali.

Let me quote completely:
[1] http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
"The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."
[2] http://www.ukba.homeoffice.gov.uk/sitec ... inuous.pdf
"In the following categories, absence must be connected with the applicant's purpose for being in the UK or for seriour or compelling compassionate reasons:
...
- Tier 1 (General)
...
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
If the absences are in connection with other employment outside the UK, which demonstrates the employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken." Until here is info related to all the listed categories including T1G and the part about Tier 2 Migrant start subsequently.

So my question a. how do I projected this first absence taken before starting the full time role?

Sorry to ask again, b. did you also take your long gap before you started your first job here?

I am trying to really be sure about this - hence these questions again. So pls do not take it otherwise :)

Also refer to http://www.immigrationboards.com/viewtopic.php?t=125765 where ""People on Tier 1 to have a valid proof in terms of a self explanatory letter if you were on self employed (with necessary proof) and absence letter from employer if you were employed"".

Note. I am planning on applying after April 6, 2013.

Kumar_M wrote:Thanks again Ali.

Let me quote completely:
[1] http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
"The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."
[2] http://www.ukba.homeoffice.gov.uk/sitec ... inuous.pdf
"In the following categories, absence must be connected with the applicant's purpose for being in the UK or for seriour or compelling compassionate reasons:
...
- Tier 1 (General)
...
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
If the absences are in connection with other employment outside the UK, which demonstrates the employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken." Until here is info related to all the listed categories including T1G and the part about Tier 2 Migrant start subsequently.

So my question a. how do I projected this first absence taken before starting the full time role?

Sorry to ask again, b. did you also take your long gap before you started your first job here?

I am trying to really be sure about this - hence these questions again. So pls do not take it otherwise

Also refer to http://www.immigrationboards.com/viewtopic.php?t=125765 where ""People on Tier 1 to have a valid proof in terms of a self explanatory letter if you were on self employed (with necessary proof) and absence letter from employer if you were employed"".

Note. I am planning on applying after April 6, 2013.

bro I have got the same query as you. None of the moderators or the gurus know this. They are confused themselves. I thing everyone is waiting for the new rules to come into force and people to share their experience. I think best thing is to wait untill the new rules come into place.

http://www.immigrationboards.com/viewtopic.php?t=130101

SET(O)
6.2 Since then have you had any absences from the UK? If yes, give the dates you left
and returned to the UK and the reason for the absence in the spaces below. List
all absences however short and in date order. If you need more space, continue
on a separate sheet and enclose it with your application.

You will write all your day out from UK, then read after this table

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.


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.

Now, you only fall under second set of options where you only have to give evidence of absence due to compelling or compassionate reasons, first set of evidence is needed by your sponsor and T1G does not have any sponsor

as you mentioned
[1] http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
"The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."

You can see that it says your sponsor must confirm but T1G does not have sponsor so it does not apply on you

second statement

[2] http://www.ukba.homeoffice.gov.uk/sitec ... inuous.pdf
"In the following categories, absence must be connected with the applicant's purpose for being in the UK or for seriour or compelling compassionate reasons:

which is actually

In the following categories, absences must be for reasons connected with the applicant’s
purpose for being in the UK or for serious or compelling compassionate reasons. Evidence,
as specified above, must be provided for compelling or compassionate reasons only:
 UK ancestry
 business person
 investorThis guidance is based on the Immigration Rules
 innovator
 writer, composer, or artist
 retired person of independent means
 Tier 1 (General)
 Highly skilled migrant programme (not applying under Appendix S of the rules)

Read carefully, it says that " absences must be for reasons connected with the applicant’s
purpose for being in the UK" and your (about 60 days) were related to that as your employer asked you to leave before joining them but even if you declare it personal holidays, no issues, now read onward " or for serious or compelling compassionate reasons. Evidence,
as specified above, must be provided for compelling or compassionate reasons only" you can see that you need to give evidence only if it is compelling or compassionate reason, you have only 60 days gap and until it is making problem, you should not be worried

They will only see your last year earning and that you have enough funds etc and LIUK test, nothing else so if you have short break, that does not matter unless you remain away for 4 years and only worked in last 1 year

I hope I have answered your situation in detail

Thanks for detailed reply. Appreciate it. Pls see my response in blue below:

ali_asad_pk wrote:SET(O)
6.2 Since then have you had any absences from the UK? If yes, give the dates you left
and returned to the UK and the reason for the absence in the spaces below. List
all absences however short and in date order. If you need more space, continue
on a separate sheet and enclose it with your application.

You will write all your day out from UK, then read after this table

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.


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.

Now, you only fall under second set of options where you only have to give evidence of absence due to compelling or compassionate reasons, first set of evidence is needed by your sponsor and T1G does not have any sponsor

as you mentioned
[1] http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
"The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."

You can see that it says your sponsor must confirm but T1G does not have sponsor so it does not apply on you

The allowed leaves are work sponsored (i.e. annual leaves / business trips incase of T1G ) or serious / compelling. During my first leave I had no active UK employment nor was it was serious / compelling reason - so what I write for section 6.2 of Set(O) (We are allowed to mention work related or serious /compelling only here (not "personal"))?

ali_asad_pk wrote: second statement

[2] http://www.ukba.homeoffice.gov.uk/sitec ... inuous.pdf
"In the following categories, absence must be connected with the applicant's purpose for being in the UK or for seriour or compelling compassionate reasons:

which is actually

In the following categories, absences must be for reasons connected with the applicant’s
purpose for being in the UK or for serious or compelling compassionate reasons. Evidence,
as specified above, must be provided for compelling or compassionate reasons only:
 UK ancestry
 business person
 investorThis guidance is based on the Immigration Rules
 innovator
 writer, composer, or artist
 retired person of independent means
 Tier 1 (General)
 Highly skilled migrant programme (not applying under Appendix S of the rules)

Read carefully, it says that "absences must be for reasons connected with the applicant’s
purpose for being in the UK" and your (about 60 days) were related to that as your employer asked you to leave before joining them but even if you declare it personal holidays, no issues, now read onward " or for serious or compelling compassionate reasons. Evidence,
as specified above, must be provided for compelling or compassionate reasons only" you can see that you need to give evidence only if it is compelling or compassionate reason, you have only 60 days gap and until it is making problem, you should not be worried

My active employment did not begin with my UK employer until I returned from first leave from UK. So how do I project it? What exactly do I write on the 6.2 and what do I explain to caseworker in case..

ali_asad_pk wrote:
They will only see your last year earning and that you have enough funds etc and LIUK test, nothing else so if you have short break, that does not matter unless you remain away for 4 years and only worked in last 1 year

I hope I have answered your situation in detail

[/quote]


While I understand I have not crossed 90 days in any trip or 180 days in any year, these are two concerns they could always raise for my application. How do I project this first leave so it is not considered as a discontinuity for 5 years of continuous stay required?

Thank you again for your detailed response.

You said

The allowed leaves are work sponsored (i.e. annual leaves / business trips incase of T1G ) or serious / compelling. During my first leave I had no active UK employment nor was it was serious / compelling reason - so what I write for section 6.2 of Set(O) (We are allowed to mention work related or serious /compelling only here (not "personal"))?

While I have already copied from SET(O)

SET(O)
6.2 Since then have you had any absences from the UK? If yes, give the dates you left
and returned to the UK and the reason for the absence in the spaces below. List
all absences however short and in date order. If you need more space, continue
on a separate sheet and enclose it with your application.

Why do you think that you are only allowed to mention certain type and not personal? while statement clearly says mention all absences and reason for such absences while evidence is only needed if it was compelling/compassionate or work related (from other then T1G)

You can just write reason what is true, i.e. waiting for cooling off period to discontinue job from one company before taking up with next

You are getting worried without any reason, I suggested you in first place to just mention personal or family visit and no one will ask anything, if you start getting into being more specific, you will put yourself in trouble, if you have to explain CW this whole story, it will raise they concerns rather then just putting personal reason for absence that you switched job and got some time off to visit family before taking up new employment, thats it as simple as it can get

I think you are thinking on irrelevant and complex situation while you have no reason to worry about as it is straight forward