>90 days absence will be no longer considered...

[SriGan]

After the recent changes on Dec 18th, D2 Section remained ambiguous in the application form. Now this ambiguous section in ILR is no longer valid. Thanks Sohel for your Query.

http://www.whatdotheyknow.com/request/c ... ing-350696

From: Settlement Ops Policy Mailbox
UK Border Agency

16 January 2013

Dear Sir/Madam,

In the light of the recent changes to the immigration rules, question D2 of the SET(O) form is no longer relevant and will be amended at the next available opportunity.

Kind regards

Ann Woodall |Operational Policy and Rules| Blue zone, 5th Floor|Capital Building |Old Hall St |Liverpool L3 9PP

[uksettlement]

No worries SriGan.

[T1_Mainframe]

I am once again confused. Last time, when I read the discussion after 13-December, I got the impression that 180 days absence is only allowed for compassionate reason, should be supported by Doctor/Employer.

What impact does above post has on absences rule?

Is 180 days absence permitted and we won't be asked to provide a letter stating reason was due to compelling circumstances?

I was absent for 147 days in in my first year, after initial entry.

Thanks,

[tokarthik]

Please find my details as below.
I will explain my case for applying ILR Period is
Year 1 = 28-Jan-12 27-Jan-13
Year 2 = 28-Jan-11 27-Jan-12
Year 3 = 28-Jan-10 27-Jan-11
Year 4 = 28-Jan-09 27-Jan-10
Year 5 = 29-Jan-08 27-Jan-09

I came to UK through WP then I got applied by own My visa is Tier 1 General(M) on May 08
I went to Indian 03-07-08 and returned back to UK 12-11-08 (130 days),Medical reason I will get the medical certificate .
Out of UK total Days in the last 5 Years
From 3-Jul-08 to 12-Nov-08 medical reason = 133
From 11-Apr-09 to 29-Apr-09 vacation=19
From 20-Nov-09 to 28-Nov-09 vacation=9
From 23-Oct-10 to 1-Nov-10 vacation=10
From 08/09/2011 to 20-Sep-11 vacation=13
From 26/02/2012 to 12/03/2012 vacation=16

Total days out of UK 200 days
Let me know your thought about my case

[tokarthik]

This is my case I am getting different feedback from each person one soliciter is saying with medical documents ok but another guy is saying i can apply with medical documents
PPlease hlep me to get a clear view

Please find my details as below.
I will explain my case for applying ILR Period is
Year 1 = 28-Jan-12 27-Jan-13
Year 2 = 28-Jan-11 27-Jan-12
Year 3 = 28-Jan-10 27-Jan-11
Year 4 = 28-Jan-09 27-Jan-10
Year 5 = 29-Jan-08 27-Jan-09

I came to UK through WP then I got applied by own My visa is Tier 1 General(M) on May 08
I went to Indian 03-07-08 and returned back to UK 12-11-08 (130 days),Medical reason I will get the medical certificate .
Out of UK total Days in the last 5 Years
From 3-Jul-08 to 12-Nov-08 medical reason = 133
From 11-Apr-09 to 29-Apr-09 vacation=19
From 20-Nov-09 to 28-Nov-09 vacation=9
From 23-Oct-10 to 1-Nov-10 vacation=10
From 08/09/2011 to 20-Sep-11 vacation=13
From 26/02/2012 to 12/03/2012 vacation=16

Total days out of UK 200 days
Let me know your thought about my case

[uksettlement]

Hi T1_Mainframe,

The clarification above was to remove the ambiguity as new rules didnt talk about total 180 days and 90 days absence but the set o form still asked the question and asked for proof. Now with their response it is clear that total 180 days and 90 days is not a criteria anymore.

I am not the best person to advice on your individual case however....

You have been away for more than 90 days at a stretch that is not an issue nor exceeding 180 days in 5 years is.
The issue will be proving that the absence you had was justifiable for job related reasons or for any serious or compelling reasons.

As per the rules for tier 1 general they have only asked a letter from the applicant without any proof unless the absence was for serious or compelling reason. However, they are perfectly justified in asking for your salary slips, bank statements, employee letter or P60 to see if you were required to stay there for work related reasons or not.

Hope this helps!

[uksettlement]

Hi toKarthik,

I can understand why you would be getting conflicting answers!

As per your email I understand that in May 2008 you converted to Tier 1 and then in July you went to India for 5 months.

Now you can prove that absence with a medical certificate etc but then the reason for medical absence should be justifiable and also not sure if you were employed during that time or not. Because the case worker could be interested in a detailed explanation of what had happened and why you didnt get the treatment done in the UK as you had free NHS in the UK etc.

If you have a strong and a valid reason there is no question that you qualify for ILR.

Hope this makes sense.

[tokarthik]

hi uksettlement
I have went through solicitor and without medical certificate received ILR
THanks for your help to get it done

karthik

Hi toKarthik,

I can understand why you would be getting conflicting answers!

As per your email I understand that in May 2008 you converted to Tier 1 and then in July you went to India for 5 months.

Now you can prove that absence with a medical certificate etc but then the reason for medical absence should be justifiable and also not sure if you were employed during that time or not. Because the case worker could be interested in a detailed explanation of what had happened and why you didnt get the treatment done in the UK as you had free NHS in the UK etc.

If you have a strong and a valid reason there is no question that you qualify for ILR.

Hope this makes sense.

[tokarthik]

hi Thanks everyone
I have got ILR through with solicitor and received the ILR with out medical certificate


Thanks for every one help


karthik

[uksettlement]

hi uksettlement
I have went through solicitor and without medical certificate received ILR
THanks for your help to get it done

Congrats!