Q reg Unpaid absence

thatsy · Post by **thatsy** » Mon Dec 17, 2012 5:31 pm

Hello,

I had first arrived in the UK, 8 days after my HSMP visa start date. I don't suppose I should count this against absences.

Since then, I have been outside the UK for 178 days including 44 days on business.

However, one of my absence is 86 days long (visiting family & friends between jobs and up-skilling myself), 72 of which were unpaid for. After this, I got the Tier 1 (General) visa extension for 3 years.

Now it's time to apply for ILR and I'm concerned about the new rules. I obviously want to be truthful that it was an unpaid absence; how does it affect my chances?

Rgds

Post by **Damanisshallo** » Tue Dec 18, 2012 10:55 am

thatsy wrote: I obviously want to be truthful that it was an unpaid absence; how does it affect my chances?

Read Page 15 for clarification.

hsmp1412 · Post by **hsmp1412** » Tue Dec 18, 2012 1:18 pm

Please excuse my ignorance but how does page 15 help the OP?
What about everything mentioned on pages 10, 11 and 12??

thatsy · Post by **thatsy** » Tue Dec 18, 2012 1:42 pm

Thanks for your replies.

Hi Damanisshallo, page 15 talks about continuity of leave, which in my case is maintained because I have neither exceeded 3 months in one go nor 180 days over the 5 year qualifying period.

As hsmp1412 pointed out, my Q is more to do with the content on page 11. Specifically this text applies to my Tier 1 (General) category: "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons."

My reason for the long absence was that I was between jobs and so I went back home to be with family & friends. I also joined a training course but apart from the notes & reading material can't prove that it is connected to my purpose of being in the UK.

Post by **Damanisshallo** » Tue Dec 18, 2012 2:00 pm

thatsy wrote: I also joined a training course but apart from the notes & reading material can't prove that it is connected to my purpose of being in the UK.

Have you not got any enrollment receipts, Certificates issued blah blah blah to prove that the training course was connected to my purpose of being in the UK?

thatsy wrote:I had first arrived in the UK, 8 days after my HSMP visa start date. I don't suppose I should count this against absences

My reference to page 15 was WRT the above. Correction I meant Page 12 and not 15. My Mistake!

humanvoid · Post by **humanvoid** » Tue Dec 18, 2012 2:17 pm

There is a similar discussion in parallel thread:

http://www.immigrationboards.com/viewtopic.php?t=120855

thatsy · Post by **thatsy** » Tue Dec 18, 2012 5:56 pm

Damanisshallo wrote:Have you not got any enrollment receipts, Certificates issued blah blah blah to prove that the training course was connected to my purpose of being in the UK?

Well, no. It was at a private institute and I didn't think to ask at the time. Although I'm still wondering why holiday wouldn't be an acceptable reason.

thatsy · Post by **thatsy** » Wed Feb 06, 2013 7:40 pm

Got mine - 6th Feb. Gave 'Holiday' as the reason, no Qs asked.

docmac80 · Post by **docmac80** » Wed Feb 06, 2013 8:08 pm

congrats! i am in a very similar situation to you, on HSMP/T1, i am applying in mid May though....

i have 172 absences in total over the 5 years, no absences over 3 months - (possibly now irrelevant) , biggest ambiguity, one unpaid absence of 63 days (travel/holiday)....so fingers crossed.........from calls to the UKBA and dealing with my consultants, and your experience, i think i should be ok.

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Q reg Unpaid absence

Q reg Unpaid absence

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Q reg Unpaid absence