Actually, a very bad news for Tier 1 general holders

[ukswus]

New guidance was published:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[intelinside]

Page 20.

I think it shows it is not connected to personal leaves and just business trips. What others interpret from this?

[anandh79]

New guidance was published:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.

This is what been published. Look at the word "If appropriate", so I assume they are looking at Annual leaves taken while on business trips or secondement. For eg., if you are deputed as secondment to another country, you will still take annual leaves. Thats the one they are looking for.

Please correct if I am wrong.

[sheraz_aries]

New guidance was published:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.

This is what been published. Look at the word "If appropriate", so I assume they are looking at Annual leaves taken while on business trips or secondement. For eg., if you are deputed as secondment to another country, you will still take annual leaves. Thats the one they are looking for.

Please correct if I am wrong.

I think you are right here

[intelinside]

Yes I agree and this is what my first impression was when I read about it yesterday.

New guidance was published:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.

This is what been published. Look at the word "If appropriate", so I assume they are looking at Annual leaves taken while on business trips or secondement. For eg., if you are deputed as secondment to another country, you will still take annual leaves. Thats the one they are looking for.

Please correct if I am wrong.

[rajan1981]

Hi ID, Glad to see the info on someone attended on Monday, Usually we see success stories in PEO listed but on Monday on one posted it so I was so worried.

HI intelinside and anandh79,

I think that makes sense. and i wish you are right

[anandh79]

Yes I agree and this is what my first impression was when I read about it yesterday.

New guidance was published:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.

This is what been published. Look at the word "If appropriate", so I assume they are looking at Annual leaves taken while on business trips or secondement. For eg., if you are deputed as secondment to another country, you will still take annual leaves. Thats the one they are looking for.

Please correct if I am wrong.

Another common sense that I thought was that this was included in the continous period calculation where people go outside of UK and does not apply incountry.

[anandh79]

Yes I agree and this is what my first impression was when I read about it yesterday.

New guidance was published:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided. Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.

This is what been published. Look at the word "If appropriate", so I assume they are looking at Annual leaves taken while on business trips or secondement. For eg., if you are deputed as secondment to another country, you will still take annual leaves. Thats the one they are looking for.

Please correct if I am wrong.

Another common sense that I thought was that this was included in the continous period calculation where people go outside of UK and does not apply incountry.

Can somebody also confirm that irrespective of inside or outside of UK, i need to show the annual leaves only for the continuous period that i apply.

For eg., I came to this country on Jan 2008.

If i am applying by May, is it enough for me to show from MAy 2008 to May 2013 and I dont need to worry about gathering the work related or paid annual leaves before May 2008.

Regards
Anandh.B

[[iD]]

Can somebody also confirm that irrespective of inside or outside of UK, i need to show the annual leaves only for the continuous period that i apply.

For eg., I came to this country on Jan 2008.

If i am applying by May, is it enough for me to show from MAy 2008 to May 2013 and I dont need to worry about gathering the work related or paid annual leaves before May 2008.

Regards
Anandh.B

Absences here mean Absences from the UK. You don't need to provide letters for the time you were physically in the UK. Also you only need to cover 5 years

[M2013]

This is a bit of a palava!

I worked for an umbrella company and that employer stated that they would not confirm my absences from work, nor would they be able to confirm what those absences were for! They would only confirm my employment!

My appointment is this Thursday and I have no idea what to do.

All I have from my employers is a statement of employment stating I accrued annual leave and my work contracts indicating my annual leave entitlement.
I don't even have all my payslips for past five years, as did not think these were necessary!

Than ask the company you are working for officially confirm theses statements regarding "hey would not confirm my absences from work, nor would they be able to confirm what those absences were for! They would only confirm my employment!"

[hsmpilr]

I am very confused here. Lots of people are explaining about paid annual leave. This evidence information was not there when the leave was taken. I had taken 20 days off my work for my own personal reasons. This could be true for many cases like getting married etc., and

serious or compelling reasons

is usually referred in conjunction with death certificate. So what about casual family visits for a function etc., ? Does this mean they are suddenly introducing a rule that we must be stuck not able to even move out of the country if we want an ILR ? If my finances are in good control I must be able to take more than the paid leaves given by my employer for my own comfort... why is this denied as-long-as I am within the 180 days rule.

[hsmpilr]

https://www.whatdotheyknow.com/request/ ... us_perio_2

This is more distrubing ... coming from UKBA itself.

[rajan1981]

This is getting too difficult, If anyone post their experience in PEO after 6th April it would be more informational.

[hsmpilr]

Yes
Please could people post their experience after 8th Apr and also give clear information in the lines of absence letter ?

thanking in advance

[Sep08T1Applicant]

https://www.whatdotheyknow.com/request/ ... us_perio_2

This is more distrubing ... coming from UKBA itself.

Hmmmz, confusing..This is a killer one, seems, specially this one (reference from the link above0:

Qa. Please confirm if the ILR candidate has to be in employment in the UK while the candidate is away (absence) from UK due to
personal reasons for less than 180 days in a year?

Aa. Absences due to personal reasons are not related to work or business, therefore any time spent outside of the UK for personal reasons would break continuity, regardless of whether or not the applicant was still employed in the UK.

[Sep08T1Applicant]

I thought my case is quite straightforward but now upside down
Please seniors can someone comment, I know this is too early to jump to any conclusions but it seems absences will be the issue:

I got my Tier 1 (G) in october 2008, extended and hopefully completing my 5 years in september this year (not very close though).

1) I went in december 2011 for 24 days (some holidays from annual leave and mostly unpaid) = 24 days in total

2) Then I came back in January 1st 2012, stayed here till 29th January 2012 and left again. I finally came back on 1st April 2012 During this period I did work for my employer from back home, all together 63 days I worked for my employer from back home. Out of this 63 days I tool 5 days hoidays as well.

Now how will this be consider? Any thoughts

[Sep08T1Applicant]

If I am not wrong, most of us, took annual leave to visit back home or visiting europe (In any case travelling outside UK). My confusion is even if we are showing our 5 years employment period through 1 or many employers before ILR application then any travel outside UK will easily be obtainable through our passports, isn't it?

If we get paid for the month as usually we get for the month outside UK (Paid annual leave), looking at the stamps of exit and entry one can easily identify this is certify annual leave from the employer, is that not case, correct me please if I am wrong.

Thanks

[hsmpilr]

I thought my case is quite straightforward but now upside down
Please seniors can someone comment, I know this is too early to jump to any conclusions but it seems absences will be the issue:

I got my Tier 1 (G) in october 2008, extended and hopefully completing my 5 years in september this year (not very close though).

1) I went in december 2011 for 24 days (some holidays from annual leave and mostly unpaid) = 24 days in total

2) Then I came back in January 1st 2012, stayed here till 29th January 2012 and left again. I finally came back on 1st April 2012 During this period I did work for my employer from back home, all together 63 days I worked for my employer from back home. Out of this 63 days I tool 5 days hoidays as well.

Now how will this be consider? Any thoughts

Mine too is something similar to this. We cannot be inside UK for job only which will stress us out. Moreover until UKBA gives us an ILR we cannot move all our commitments to the UK since they have a track record of confusing people by their change in immigration law (this happened before with HSMP people and now it is us?)

[Yash001]

If I am not wrong, most of us, took annual leave to visit back home or visiting europe (In any case travelling outside UK). My confusion is even if we are showing our 5 years employment period through 1 or many employers before ILR application then any travel outside UK will easily be obtainable through our passports, isn't it?

If we get paid for the month as usually we get for the month outside UK (Paid annual leave), looking at the stamps of exit and entry one can easily identify this is certify annual leave from the employer, is that not case, correct me please if I am wrong.

Thanks

Hi,

Don't panic...there are many people who have got their ILR who had exactly same case like you...UKBA response is always confusing ....I suggest read the experience of the people who had exactly same situation as you in this forum and also go through the following post posted by cs95tdg

My take on the latest absence related rules for T1G applicants is that:
1) For any absences (i.e. business related absences, annual leave or unpaid absences) they had while in permanent employment in the UK, a letter from the employer confirming these.
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:
a. Absences due to serious or compelling compassionate reasons: Personal Letter and evidence.
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.
d. Absences taken while employed by a company that no longer exists: Personal Letter and evidence that the company no longer exists if possible.
There may be other types of absences, but most would fall under one or more of the above categories.

[syed_ILR]

finally its resolved in this post :D

http://www.immigrationboards.com/viewtopic.php?t=131686

[ldbright]

Thanks for summarising the absence types, however, in your point one do you actually mean --> please see the bold letters I have added.

1) For any absences outside UK (i.e. business related absences, annual leave or unpaid absences) they had while in permanent employment in the UK, a letter from the employer confirming these.


In other words, for absences (personal holidays) inside the UK, we do not need to justified them.

Hi,

Don't panic...there are many people who have got their ILR who had exactly same case like you...UKBA response is always confusing ....I suggest read the experience of the people who had exactly same situation as you in this forum and also go through the following post posted by cs95tdg

My take on the latest absence related rules for T1G applicants is that:
1) For any absences (i.e. business related absences, annual leave or unpaid absences) they had while in permanent employment in the UK, a letter from the employer confirming these.
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:
a. Absences due to serious or compelling compassionate reasons: Personal Letter and evidence.
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.
d. Absences taken while employed by a company that no longer exists: Personal Letter and evidence that the company no longer exists if possible.
There may be other types of absences, but most would fall under one or more of the above categories.

[/quote]

[rajan1981]

Hi ldbright,

Whenever you see a absence in this context, it refers to absence outside UK only.

[syed_ILR]

where are all the people who applied after 6th of april..I think they all got it and can't be bothered to share their experience !

[sayome_now]

@syed_ILR

This guy got his ILR yesterday...


http://www.immigrationboards.com/viewtopic.php?t=131754

[apahuja]

@syed_ILR

This guy got his ILR yesterday...


http://www.immigrationboards.com/viewtopic.php?t=131754

Its good that there ILR is success yesterday but They didn't had to provide any absence letters as it was ILR for only dependant. Not sure why people not posting their application experiences after 6th april which will be useful for others.