Actually, a very bad news for Tier 1 general holders

[rajan1981]

Thanks cs95tdg, I have been refreshing this page many times in the last hour for one of your replies
Thanks for the clarification!!!

[rajan1981]

Can someone please share your thoughts on this Question from Rasel, Specifically on the part of Employer's letter for a NON work related absence? Like going out of country for a family visit or a short trip to Europe ?

Wouldn't it be difficult for an employer to provide a letter to vouch for a trip say started on Friday evening to travel to France and reporting back to work on Monday morning

It is now clear that Tier1 (G) will also be required to provide letters for all work related absences.

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General)

Still the question remains, it is asking evidence of all work related absences. What about non work related absences

[syed_ILR]

Can someone please share your thoughts on this Question from Rasel, Specifically on the part of Employer's letter for a NON work related absence? Like going out of country for a family visit or a short trip to Europe ?

Wouldn't it be difficult for an employer to provide a letter to vouch for a trip say started on Friday evening to travel to France and reporting back to work on Monday morning

It is now clear that Tier1 (G) will also be required to provide letters for all work related absences.

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General)

Still the question remains, it is asking evidence of all work related absences. What about non work related absences

Guys u r just getting stressed out!! chillllll! just read the rules and use ur common sense to provide the proofs...its not something black and white...just think what u can do to prove something..for eg it may be ur employer cannot provide u the annual leave dates..but ur employer can provide u the dates of ur employment..so the question arises how will ur prove the paid leaves...and the answer is provide pay slips for the annual leave duration..simple!

if not then ask the case worker..will ur employer provide all the dates to you???? hhehehe..and then ask them to practice what they preach

[Wildjoecrazy]

People could also use their work contracts over the past five years to evidence their employment and their annual leave entitlement.

Does anyone have advice for temporary workers or contractors? My situation is that I was employed under an umbrella company for 2 years and a temp worker for the same employer for 1 year. My annual leave was calculated at 12.07% and then paid out to me on a weekly/monthly basis (works out to be a maximum equivalent of 28 days annual leave per year, dependent on how many days worked). I did not always have a work assignment and therefore was not paid when not working and often left the UK for holidays during these times. My absences would have exceeded 28 days per year. I am trying to justify it by the following:
- clarifying that due to the nature of my employment I did not always have a work assignment and during these times I took annual leave and went on holiday abroad. Additionally I was able to negotiate leave during work assignments and was not fixed to a specific annual entitlement.
- that as a Tier 1 candidate I do not need to be in a constant state of employment.

I am struggling how to word that some of my leave would have been paid and some unpaid. Additionally I would not be able to say which absences would be considered paid or unpaid.

Sorry to piggyback on this, but I'm sure I'm not the only one in this situation. Any thoughts, advice, discussion will be helpful.

[cs95tdg]

Can someone please share your thoughts on this Question from Rasel, Specifically on the part of Employer's letter for a NON work related absence? Like going out of country for a family visit or a short trip to Europe ?

Wouldn't it be difficult for an employer to provide a letter to vouch for a trip say started on Friday evening to travel to France and reporting back to work on Monday morning

All you can do is provide a personal letter and evidence in a situation such as this. Here evidence may be in the form of travel tickets or boarding passes. Note, if those are unavailable you can provide your employment contract confirming that you were employed throughout that period - you just went outside the UK for the weekend! As already suggested here, no one can list every eventuality. You need to think about the absence and what would be logical to support it without complicating matters.

[cs95tdg]

I am trying to justify it by the following:
a) clarifying that due to the nature of my employment I did not always have a work assignment and during these times I took annual leave and went on holiday abroad. Additionally I was able to negotiate leave during work assignments and was not fixed to a specific annual entitlement.
b) that as a Tier 1 candidate I do not need to be in a constant state of employment.
c)I am struggling how to word that some of my leave would have been paid and some unpaid. Additionally I would not be able to say which absences would be considered paid or unpaid.

a) What would apply here is option c in my response below.
b) That's correct. You don't and there is no requirement to justify that fact as it is inherently clear by the terms and conditions of the T1G immigration category defined by the UKBA. You may ofcourse state that fact in your personal letter if you wish to do so.
c) You are not required to state that you were in paid or unpaid employment during your absences. What you need is to list the absences and provide evidence to support them if possible.

2) For all other absences the only option will be to provide a personal letter explaining the reason for the absence and provide any evidence that you can gather to support what you are saying. Some examples:

• b. Absences taken to setup a business or gain/search for employment if you were self-employed/employed: Personal Letter and evidence if possible.
  c. Absences taken (for whatever reason – holiday/family visit etc…) in-between employment contracts: Personal Letter & evidence if possible.

There may be other types of absences, but most would fall under one or more of the above categories.

[ilrapplicant2013]

People could also use their work contracts over the past five years to evidence their employment and their annual leave entitlement.

Does anyone have advice for temporary workers or contractors? My situation is that I was employed under an umbrella company for 2 years and a temp worker for the same employer for 1 year. My annual leave was calculated at 12.07% and then paid out to me on a weekly/monthly basis (works out to be a maximum equivalent of 28 days annual leave per year, dependent on how many days worked). I did not always have a work assignment and therefore was not paid when not working and often left the UK for holidays during these times. My absences would have exceeded 28 days per year. I am trying to justify it by the following:
- clarifying that due to the nature of my employment I did not always have a work assignment and during these times I took annual leave and went on holiday abroad. Additionally I was able to negotiate leave during work assignments and was not fixed to a specific annual entitlement.
- that as a Tier 1 candidate I do not need to be in a constant state of employment.

I am struggling how to word that some of my leave would have been paid and some unpaid. Additionally I would not be able to say which absences would be considered paid or unpaid.

Sorry to piggyback on this, but I'm sure I'm not the only one in this situation. Any thoughts, advice, discussion will be helpful.

Mate one second. Not very sure how you operate but regardless of contract or no work contract, were you drawing salary for that month? Wouldnt you draw equal monthly salary.

In that case there is no need to explain break in contracts as you are continuosly employed?

[Wildjoecrazy]

Hello ilrapplicant

I did not draw the same monthly income as I was working under an umbrella company or as a temporary worker for 3 years.

So for example:

I was employed by an umbrella company from April 2007 to July 2010. They essentially contracted my services out. My work assignments were short term and at times I was not engaged in a work assignment and therefore not paid. I could also negotiate leave during work assignments or take extended leave before accepting another work assignment (for example I travelled out of the country for 72 days in one go for holiday purposes).

By law the employer has to give me some sort of annual leave allowance. As I didn't work continuously, they calculated my annual leave at 12.07% of my hourly rate and added this onto my weekly pay (when i worked). Apparently this works out to be almost the equivalent of 28 days paid leave per year, dependent on how many days worked. And evidently I exceeded this.

I am not sure how I'm going to evidence that my absences were for the purpose of my stay here. I think I will have to say that I was under contract with different employers continuously throughout the five years (although I was not always engaged in work assignments and paid) and demonstrate economic activity via p60s. Will have to hope for best as appointment this Thursday!

[Wildjoecrazy]

This may have been addressed in a different thread with reference to the following passage in the immigration rules:


(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.


If I therefore held a HSMP visa for 2008 - 2010, would I then have to justify my absences during this period, even work related ones? As it sounds like this period would have been excluded.

[xyz111]

new SET O form is available now.

Tier 1 G will have to provide employers letter for annual holidays outside UK!!!

Thanks.

[Achtung]

First I have to say that thanks to this forum that I have come to know about the rule changes from April 2013. Thanks guys, and keep posting!

I have got the same problem, and I planning for my ILR around July 2013.
Now about the problem in hand, I don't think present and previous employers would be happy to state my UK absences in a letter. IMHO the employers don't have that information and they probably won't agree to mention that in the letter. However I think I have to try to get a letter from all my employers stating my annual leaves and business trips. I also plan to attach my tickets and any emails that I might have. Thats the best I can do.

Now we have to wait and watch to see what happens to other applicants who start applying from 8th April, and try to find out what evidences they are producing for their UK absence.

I hope that the CW would understand the problem with the employer not endorsing the UK absences and hopefully everything will be fine.

But we just have to wait and watch. So may I request all forum members to please post their experiences and shed more light.

Please keep posting. Thanks guys.

[rajan1981]

Thanks for your views, It is going to be interesting to see the responses of people coming off PEO appointments tomorrow! This is a great forum!!!

[intelinside]

Sections 6.2, 6.3 from:
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General);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.

You ONLY need to provide letter from employer if you were sent by your company in their office outside UK for days/weeks.

In other words, you were required by your company to go outside UK and perform your job.

If this is the case, then your employer should provide you this letter. This is a good template to follow:

www.immigrationboards.com/viewtopic.php?t=52143

If you were on holidays for your own personal reasons, you DO NOT have to provide this absence letter.

[apahuja]

Sections 6.2, 6.3 from:
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General);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.

You ONLY need to provide letter from employer if you were sent by your company in their office outside UK for days/weeks.

In other words, you were required by your company to go outside UK and perform your job.

If this is the case, then your employer should provide you this letter. This is a good template to follow:

www.immigrationboards.com/viewtopic.php?t=52143

If you were on holidays for your own personal reasons, you DO NOT have to provide this absence letter.

Thanks . I also think this should be the rule as sometimes employer do not know where we spent holidays uk/outside UK. Can I ask if you/anyonce has confirmed about this rule with UKBA by calling on their helpline number. I am trying to get the confirmation on this rule from them as have appointment on 10th . Otherwise I would have to cancel as surely cannot get letters from employer for persial vacation so soon.

[apahuja]

Sections 6.2, 6.3 from:
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General);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.

You ONLY need to provide letter from employer if you were sent by your company in their office outside UK for days/weeks.

In other words, you were required by your company to go outside UK and perform your job.

If this is the case, then your employer should provide you this letter. This is a good template to follow:

www.immigrationboards.com/viewtopic.php?t=52143

If you were on holidays for your own personal reasons, you DO NOT have to provide this absence letter.

Thanks . I also think this should be the rule as sometimes employer do not know where we spent holidays uk/outside UK. Can I ask if you/anyonce has confirmed about this rule with UKBA by calling on their helpline number. I am trying to get the confirmation on this rule from them as have appointment on 10th . Otherwise I would have to cancel as surely cannot get letters from employer for persial vacation so soon.

So.. I called UKBA helpine and they told me that as far as the leave was paid (by any employer) , no matter whether you were in UK or outside, you ahve to show the evidence letter from that employer only . Though I mentioned that can show bank statement , payslips for leave period but she mentioned it has to be the letter from employer otherwise you are not going with enough documents and I cannot guarantee as you are not taking documents mentioned in the set(0) form. I am not sure how I can arrange letter from employer for whom I worked 4 years back as they are not responding. I have decided to cancel my appointment on 10th.

[katwmn6]

So.. I called UKBA helpine and they told me that as far as the leave was paid (by any employer) , no matter whether you were in UK or outside, you ahve to show the evidence letter from that employer only . Though I mentioned that can show bank statement , payslips for leave period but she mentioned it has to be the letter from employer otherwise you are not going with enough documents and I cannot guarantee as you are not taking documents mentioned in the set(0) form. I am not sure how I can arrange letter from employer for whom I worked 4 years back as they are not responding. I have decided to cancel my appointment on 10th.

This is a completely new level of insanity, even for UKBA.

Damnit.

[AloofStar]

Is that right, we have to show the record of even those paid annual leaves spent within the UK?

I often found that these so called "telephone advisors" are not very helpful. Their understanding of UKBA rules is less than satisfactory (you may think I am very polite!).

Please keep us posted, if you progress your application further or receive any updated knowledge.

Cheers.

Sections 6.2,

So.. I called UKBA helpine and they told me that as far as the leave was paid (by any employer) , no matter whether you were in UK or outside, you ahve to show the evidence letter from that employer only . Though I mentioned that can show bank statement , payslips for leave period but she mentioned it has to be the letter from employer otherwise you are not going with enough documents and I cannot guarantee as you are not taking documents mentioned in the set(0) form. I am not sure how I can arrange letter from employer for whom I worked 4 years back as they are not responding. I have decided to cancel my appointment on 10th.

[intelinside]

Did you ask about the work related or personal holidays?

I don't think any paid leave comes under 'work-related' absences comment that they have given in the SET (o) form.

But I guess you were right in cancelling your appointment as it is confusing statement.

Sections 6.2, 6.3 from:
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General);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.

You ONLY need to provide letter from employer if you were sent by your company in their office outside UK for days/weeks.

In other words, you were required by your company to go outside UK and perform your job.

If this is the case, then your employer should provide you this letter. This is a good template to follow:

www.immigrationboards.com/viewtopic.php?t=52143

If you were on holidays for your own personal reasons, you DO NOT have to provide this absence letter.

Thanks . I also think this should be the rule as sometimes employer do not know where we spent holidays uk/outside UK. Can I ask if you/anyonce has confirmed about this rule with UKBA by calling on their helpline number. I am trying to get the confirmation on this rule from them as have appointment on 10th . Otherwise I would have to cancel as surely cannot get letters from employer for persial vacation so soon.

So.. I called UKBA helpine and they told me that as far as the leave was paid (by any employer) , no matter whether you were in UK or outside, you ahve to show the evidence letter from that employer only . Though I mentioned that can show bank statement , payslips for leave period but she mentioned it has to be the letter from employer otherwise you are not going with enough documents and I cannot guarantee as you are not taking documents mentioned in the set(0) form. I am not sure how I can arrange letter from employer for whom I worked 4 years back as they are not responding. I have decided to cancel my appointment on 10th.

[ukswus]

Did you ask about the work related or personal holidays?

I don't think any paid leave comes under 'work-related' absences comment that they have given in the SET (o) form

I don't understand what is so unclear to you. How is it in your view, that the the part highlighted in bold below, does not "come under 'work-related' absences"?

"Evidence of all work-related absences (including paid annual leave)"

[Achtung]

Wow! speechless
thanks apahuja for the update, so just to be clear what you just said.

We need to provide letter from all (past + present) employers detailing all the leaves (paid + unpaid), including annual leaves for the last 5 years.
And also list down the business trips we had been to for the last 5 years.

This going to be hard one...anyone else planning to apply soon?

[ukswus]

This is a completely new level of insanity, even for UKBA.

Damnit.

All of this insanity is just to appease the Daily Mail readers (ie, to make as many Tier 1 holders leave the country without getting settlement, even if for completely frivolous reasons).

[AloofStar]

I agree the official wording is very confusing.

my understanding is "paid annual leave" is always personal. It can't be work related, isn't it?

Did you ask about the work related or personal holidays?

I don't think any paid leave comes under 'work-related' absences comment that they have given in the SET (o) form.

But I guess you were right in cancelling your appointment as it is confusing statement.

[intelinside]

I think what confused me was the word "work-related" as our hoildays are not work related (They are personal).

It should rather be "during your work" (and not work-related) if you have take ANY holidays (including paid annual leave).

Further, how can an employer give reasons of our personal leaves?

Did you ask about the work related or personal holidays?

I don't think any paid leave comes under 'work-related' absences comment that they have given in the SET (o) form

I don't understand what is so unclear to you. How is it in your view, that the the part highlighted in bold below, does not "come under 'work-related' absences"?

"Evidence of all work-related absences (including paid annual leave)"

[ilrapplicant2013]

I agree, the wording is confusing, work related but given they have explicity stated that this also includes paid annual leave, I think we need a letter.

They are trying to gather something with this, may be with people who are abusing the 180 day away period, but what is it that they are looking for isnt very clear

But again I am not conviced that this will be one of those that will either make or break an application if the absences are comfortably below 180.

[AloofStar]

may be with those confusing words, UKBA is trying to ask the record of paid annual leave in a scenario:
if someone was assigned outside the UK for some time and he/she took personal holidays during that assignment in that country?