Actually, a very bad news for Tier 1 general holders

[mah]

Hi everybody,
I have just seen this topic and it is worrying me as I am applying for my ILR in late July.
I came to the UK on HSMP in Aug 2008 and then then 2 Tier 1 extensions.

I got employed in the UK since Oct 2008.

But In September 2008 before I start working in the UK, I went back to my home country for 15 days to hand over my ex-job. But my family were in the UK.

Is this break of residency? What should I do?
FYI, the company I worked in my home country and the one I started working in the UK were the same but different divisions and territories.

Thanks,

Mah

Any idea please? can anybody advise regarding the above? Bad luck is coming, I have been redundant from the company and this Friday is my last day.
Mah

[hsmpilr]

Any idea please? can anybody advise regarding the above? Bad luck is coming, I have been redundant from the company and this Friday is my last day.
Mah

Being made redundent is not going to affect you as-long-as your total income in last 15 months is fetching you points. You only need to show 12 months out of last 15 months (redundancy pay is not to be included in the total salary calculation). You also have 3 more months to go. If you came in aug 2008, then you will be eligible to apply july 2013. So pay till apr 2013 is sufficient it it is fetching you points (neck to neck).
As for your 2008 break when not in job, a personal letter from you specifying the reason would do AFAIK.

[ldbright]

What is I only have 7 months payslip from the last 15 months, but those 7 months earning gains enough points for me. Will it be ok? Do I have to use 12 months payslips?

Thank you.

Any idea please? can anybody advise regarding the above? Bad luck is coming, I have been redundant from the company and this Friday is my last day.
Mah

Being made redundent is not going to affect you as-long-as your total income in last 15 months is fetching you points. You only need to show 12 months out of last 15 months (redundancy pay is not to be included in the total salary calculation). You also have 3 more months to go. If you came in aug 2008, then you will be eligible to apply july 2013. So pay till apr 2013 is sufficient it it is fetching you points (neck to neck).
As for your 2008 break when not in job, a personal letter from you specifying the reason would do AFAIK.

[hsmpilr]

What is I only have 7 months payslip from the last 15 months, but those 7 months earning gains enough points for me. Will it be ok? Do I have to use 12 months payslips?

Thank you.

Any idea please? can anybody advise regarding the above? Bad luck is coming, I have been redundant from the company and this Friday is my last day.
Mah

Being made redundent is not going to affect you as-long-as your total income in last 15 months is fetching you points. You only need to show 12 months out of last 15 months (redundancy pay is not to be included in the total salary calculation). You also have 3 more months to go. If you came in aug 2008, then you will be eligible to apply july 2013. So pay till apr 2013 is sufficient it it is fetching you points (neck to neck).
As for your 2008 break when not in job, a personal letter from you specifying the reason would do AFAIK.

YES. 7 months or even one month is enough as-long-as the grossincome fetches you the points. The upper limit is 12 months pay slips but for eg:- you did a task for somebody who paid you £40k in one day,that 1 month payslip is sufficient to show as points. It is NOT mandatory to show 12 months.

But one thing: 7 months must be at-a-stretch (not broken down in another >12 months period)

[ldbright]

Thanks for the reply

One question is that what if within the 12 consecutive months, I have 7 months payslips and 2 months break (i.e looking for a new job), and then 3 more months payslips. Will this be ok?

Many thanks.

What is I only have 7 months payslip from the last 15 months, but those 7 months earning gains enough points for me. Will it be ok? Do I have to use 12 months payslips?

Thank you.

Any idea please? can anybody advise regarding the above? Bad luck is coming, I have been redundant from the company and this Friday is my last day.
Mah

Being made redundent is not going to affect you as-long-as your total income in last 15 months is fetching you points. You only need to show 12 months out of last 15 months (redundancy pay is not to be included in the total salary calculation). You also have 3 more months to go. If you came in aug 2008, then you will be eligible to apply july 2013. So pay till apr 2013 is sufficient it it is fetching you points (neck to neck).
As for your 2008 break when not in job, a personal letter from you specifying the reason would do AFAIK.

YES. 7 months or even one month is enough as-long-as the grossincome fetches you the points. The upper limit is 12 months pay slips but for eg:- you did a task for somebody who paid you £40k in one day,that 1 month payslip is sufficient to show as points. It is NOT mandatory to show 12 months.

But one thing: 7 months must be at-a-stretch (not broken down in another >12 months period)

[hsmpilr]

Thanks for the reply

One question is that what if within the 12 consecutive months, I have 7 months payslips and 2 months break (i.e looking for a new job), and then 3 more months payslips. Will this be ok?

Many thanks.

What is I only have 7 months payslip from the last 15 months, but those 7 months earning gains enough points for me. Will it be ok? Do I have to use 12 months payslips?

Thank you.

Being made redundent is not going to affect you as-long-as your total income in last 15 months is fetching you points. You only need to show 12 months out of last 15 months (redundancy pay is not to be included in the total salary calculation). You also have 3 more months to go. If you came in aug 2008, then you will be eligible to apply july 2013. So pay till apr 2013 is sufficient it it is fetching you points (neck to neck).
As for your 2008 break when not in job, a personal letter from you specifying the reason would do AFAIK.

YES. 7 months or even one month is enough as-long-as the grossincome fetches you the points. The upper limit is 12 months pay slips but for eg:- you did a task for somebody who paid you £40k in one day,that 1 month payslip is sufficient to show as points. It is NOT mandatory to show 12 months.

But one thing: 7 months must be at-a-stretch (not broken down in another >12 months period)

Yes. As long as it is not spread beyond 12 months.
The below link rule applies(read the section under tier1)
Can someone else also comment please ?

http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

search for
"Period for assessment"

[[iD]]

Yes. As long as it is not spread beyond 12 months.
The below link rule applies(read the section under tier1)
Can someone else also comment please ?

http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

search for
"Period for assessment"

You're right.
One can have breaks within 12 months
Or even show one months earning if it's enough to claim points required.
Currently being at work isn't a requirement

[mah]

Dear Hsmpilr,

Many thanks.

As I said even before I move to the UK I was working for the same company but in my home country. My employment in the UK started 1 Oct 2008 and my last day of employment in the same company in home country was 31st Sep 2008 ( So my company considered it as continuous employment). So when I went back to home country for 15 days in Sep 2008 to hand over the business and finish my notice period there.

Now regarding letter to explaine absences, is it OK my company also include in his letter, those 15 days as work related business trip (Though I was not employed and based by UK office)?

Thanks,

Mah

Any idea please? can anybody advise regarding the above? Bad luck is coming, I have been redundant from the company and this Friday is my last day.
Mah

Being made redundent is not going to affect you as-long-as your total income in last 15 months is fetching you points. You only need to show 12 months out of last 15 months (redundancy pay is not to be included in the total salary calculation). You also have 3 more months to go. If you came in aug 2008, then you will be eligible to apply july 2013. So pay till apr 2013 is sufficient it it is fetching you points (neck to neck).
As for your 2008 break when not in job, a personal letter from you specifying the reason would do AFAIK.

[mah]

Dear Mates,

Regarding letter from employer:
1. Can we get it now even if we are applying in 3 months time (Or it should be in a specific period before application?

2. Can your line manager write this or it should be from HR (Usually HR doesn't know about your business trips)?

3. What will happen if the person who has written and signed the letter, leaves the company before the application date, or the company closes by that time?

4. Any special format and details for the letter?

5. Is it enough to have a table in the letter showing
- From (date)
- To (date)
- number of days:
- Reason
And for Reason is it enough to say : Work related business trip to (Country) or Paid Annual Leave Holiday to (Country)

Thanks,

Mah

[deleted_user]

1. Can we get it now even if we are applying in 3 months time (Or it should be in a specific period before application?

Rules don't say, assume as long as its dated before application date and not after it should be fine. Since your leaves in the past wont change unless you have invented a time machine.

2. Can your line manager write this or it should be from HR (Usually HR doesn't know about your business trips)?

Rules don't say. If your line manager says so why will HR not agree with him? As long as it is someone authorative from your company in-charge of your activities.

3. What will happen if the person who has written and signed the letter, leaves the company before the application date, or the company closes by that time?

... or they could die, or the company could go bust or get nuked. Its out of your hands and UKBA should not expect you to be responsible. As long as its on company letterhead and the company and said person existed at some point of time and is not a faked letter. Nevertheless a good reason to get the letter sooner than later.

4. Any special format and details for the letter?

No but check out: http://www.immigrationboards.com/viewtopic.php?t=52143 for some examples.


Good luck with your application

[hsmpilr]

Dear Hsmpilr,

Many thanks.

As I said even before I move to the UK I was working for the same company but in my home country. My employment in the UK started 1 Oct 2008 and my last day of employment in the same company in home country was 31st Sep 2008 ( So my company considered it as continuous employment). So when I went back to home country for 15 days in Sep 2008 to hand over the business and finish my notice period there.

Now regarding letter to explaine absences, is it OK my company also include in his letter, those 15 days as work related business trip (Though I was not employed and based by UK office)?

Thanks,

Mah

Any idea please? can anybody advise regarding the above? Bad luck is coming, I have been redundant from the company and this Friday is my last day.
Mah

Being made redundent is not going to affect you as-long-as your total income in last 15 months is fetching you points. You only need to show 12 months out of last 15 months (redundancy pay is not to be included in the total salary calculation). You also have 3 more months to go. If you came in aug 2008, then you will be eligible to apply july 2013. So pay till apr 2013 is sufficient it it is fetching you points (neck to neck).
As for your 2008 break when not in job, a personal letter from you specifying the reason would do AFAIK.

If you can get a letter that it was a business related absence then it is all fine. Nothing better. If not then write down a personal letter explaining the reason and that will also do.

[darkhorse10]

I am due to apply my ILR anytime after 1st June 2013. (Actual 5 yr period finishes 27th June, 2013)

My visa was granted from 27th June 2008, but I have landed in UK on 2nd August, 2008 leaving me with 37 days absences

I had to go India for 13 days when my mother-in-law passed away. [How can I get a death certificate for my mother-in-law and that too in original]

Thereafter I had annual leave taken to go india during

Aug 28, 2009 to Sept 21, 2009
Mar 26, 2010 to Apr 13, 2010
Jul 28, 2011 to Aug 21, 2011

What all documents should I be producing? It is really unfair and I am in real confusion how to approach this situation.

To add on, my wife's visa was granted from 2nd Dec, 2008 and she joined me on the same date. Should I be writing a letter to say that to explain the absence of her for 6 months???

Any direction would be much appreciated.

Thanks,
Nik

[sachpuro]

ILR Success 22 April 2013 @ Croydon PEO
8:55 AM Appointment - ILR granted 10:45 AM.

Main Applicant(my Wife) + 1 Dependent (myself)

Main Applicant visa history

Work Permit grant date: 14 May 2008 (Entry in UK: 16 May 2008)
Tier 1 (G) Approved: 28 Oct 2008
Tier 1 (G) Renewed: 30 Aug 2011

3 different Employers in last 5 years.

Total no of days of Absence: 120 which were a mix of tourism and business travel:
16 May 2008 - 15 May 2009 : 17 Days
16 May 2009 - 15 May 2010 : 44 Days
16 May 2010 - 15 May 2011 : 16 Days
16 May 2011 - 15 May 2012 : 30 Days
16 May 2012 - 15 May 2013 : 13 Days

No Proof/Letter from employer provided to support these absence. We just provided a self declaration which contained individual trip dates, no of days outside UK in each trip, reason for travel outside UK(Tourism or Business Visit as applicable) and page number of Passport indicating entry/exit stamps were visible (Some UK entry/exit stamps were missing, I guess UK immigration does not put stamps every time you travel out/in) .

All documents were taken at the time of Biometric and returned after 1 hour. They kept the self declaration letter and returned rest of the documents.

In my opinion, as long as you provide clear and precise information about your absence and it is within the threshold of 180 days per consecutive 1 year period of the 5 year requirement, you need not worry.

I will prepare detailed post on our ILR application and experience @ Croydon PEO and will post here soon.

Good Luck to all who are applying for ILR.

[syed_ILR]

ILR Success 22 April 2013 @ Croydon PEO
8:55 AM Appointment - ILR granted 10:45 AM.

Main Applicant(my Wife) + 1 Dependent (myself)

Main Applicant visa history

Work Permit grant date: 14 May 2008 (Entry in UK: 16 May 2008)
Tier 1 (G) Approved: 28 Oct 2008
Tier 1 (G) Renewed: 30 Aug 2011

3 different Employers in last 5 years.

Total no of days of Absence: 120 which were a mix of tourism and business travel:
16 May 2008 - 15 May 2009 : 17 Days
16 May 2009 - 15 May 2010 : 44 Days
16 May 2010 - 15 May 2011 : 16 Days
16 May 2011 - 15 May 2012 : 30 Days
16 May 2012 - 15 May 2013 : 13 Days

No Proof/Letter from employer provided to support these absence. We just provided a self declaration which contained individual trip dates, no of days outside UK in each trip, reason for travel outside UK(Tourism or Business Visit as applicable) and page number of Passport indicating entry/exit stamps were visible (Some UK entry/exit stamps were missing, I guess UK immigration does not put stamps every time you travel out/in) .

All documents were taken at the time of Biometric and returned after 1 hour. They kept the self declaration letter and returned rest of the documents.

In my opinion, as long as you provide clear and precise information about your absence and it is within the threshold of 180 days per consecutive 1 year period of the 5 year requirement, you need not worry.

I will prepare detailed post on our ILR application and experience @ Croydon PEO and will post here soon.

Good Luck to all who are applying for ILR.

Congrats mate! thanks for posting your experience..

[bsrt]

I entered UK 10 months after getting my visa (HSMP at that time). Do you guys think I can show the 90 day part of it as absence? Or it won't count since it is more than 90 days? So, I entered UK on 13/02/2009, can I apply on 13/11/2013?

If not, how about the 28 day earlier rule? I should be able to apply on 15/01/2014 but I will have 28 days absence in 2009 which is not work related? I am asking since the guidance says the period counts down from the date of your application (but a poster above says he started his 5 year periods from 1 month in the future).

Cheers

[hsmpilr]

I entered UK 10 months after getting my visa (HSMP at that time). Do you guys think I can show the 90 day part of it as absence? Or it won't count since it is more than 90 days? So, I entered UK on 13/02/2009, can I apply on 13/11/2013?

If not, how about the 28 day earlier rule? I should be able to apply on 15/01/2014 but I will have 28 days absence in 2009 which is not work related? I am asking since the guidance says the period counts down from the date of your application (but a poster above says he started his 5 year periods from 1 month in the future).

Cheers

28 day earlier rule is 28 days before the 1st entry inside UK. First entry is always the entry stamp at immigration which is stamped directly on the visa (not on a passport page). Any delay beyond 90 days will not be considered by ukba.

[fabercastel]

Hi All,

My previous employer is refusing to provide any letter for my paid leave absences which i took in 2011. All the holidays are from my annual holidays limit and are PAID HOLIDAYS.

- 10 days in January 2011 (out of UK for vacation)
- 8 days in June 2011 (out of UK for vacation)
- 4 days in July 2011 (out of UK for vacation)

Because of rule changes, it seems compulsorily I am required to provide absence letter. Could you guys help me what I can do in this situation?

-Will the application office accept a personal letter saying that I am out of UK for such and such days and if I produce my flight tickets would it be sufficient
-Can I explain them that my previous employer is refusing to provide any absence letter

Thank you

[syed_ILR]

Hi All,

My previous employer is refusing to provide any letter for my paid leave absences which i took in 2011. All the holidays are from my annual holidays limit and are PAID HOLIDAYS.

- 10 days in January 2011 (out of UK for vacation)
- 8 days in June 2011 (out of UK for vacation)
- 4 days in July 2011 (out of UK for vacation)

Because of rule changes, it seems compulsorily I am required to provide absence letter. Could you guys help me what I can do in this situation?

-Will the application office accept a personal letter saying that I am out of UK for such and such days and if I produce my flight tickets would it be sufficient
-Can I explain them that my previous employer is refusing to provide any absence letter

Thank you

Bank statement to show that u were paid when you were away, contract showing your paid leave allowance.

Comon mate your case is minor..u will be ok

[hsmp1412]

The clock for your 5 year period starts when you enter the UK first time after your visa is issued - if you didnt enter before 13/02/2009 how will you make the clock start earlier? Absences come into effect only after your clock starts so only after 13/02/2009 in your case.

[onabanjo]

fabercastel,

You do not need to worry or bother yourselves regarding the absences from UK. I was worried just this way prior to my appointment on 17th April 2013 at Sheffield PEO. My employer had refused to give such letter of absence because according to my them ,it would be a precedent for others to ask in future.You could say , and i agree, what a stupid reason.

When I discussed the development with my lawyer who went with me for my appointment. He said I had just succeeded in wasting my time by asking such letter from my employer after asking me how many days were my absence from UK in the last five years (Though he confirmed this from my passport) .My total absences in the last five year was 32days and all were paid holidays.

Summarily, the lawyer said i dont need the letter. He said it was only needed if my absenses exceeded the required limit of 180days.

I reluctantly agreed to the advice,though there was nothing i would have done at that stage because my employer had refused giving me the letter.

The case worker never asked absence letter from my legal representative nor myself .

If you are still not convinced ,just prepare a personal letter and attach the followings as backup

1, Approved holiday forms covering the period stated on your form
2, Your pay slips that reflect holiday pay during the period stated
3, The Bank statement is not necessary since holiday is most likely to paid along with your salary.

Thank you and wish you all the best.

[bsrt]

Thanks for the answers and sorry for the late reply guys, much appreciated indeed.

So, what you are saying is, I can apply 28 days before my 5th anniversary (starting from the day of first entry) but I can show my absences for the 5 year period which is starting to countdown from application day+28 (i.e anniversary date) instead of the application day.

To further complicate things, in the long period between getting the visa and coming to settle in the UK, I made a short visit (Hey, I had to see what I was in for ) to UK but let me keep this away from the discussion/

[makkan00]

Hi Guy
Can I find a template for this letter?
Can somebody please point me in the right direction?


Many thanks.

[sillyquestion]

Can someone please provide a template for personal letter for the following scenarios:

A. Unpaid leave/Holiday for the period one was un-employed (seeking for work)
B. unpaid leave/holiday between two employment contracts

Thank you!

[corby]

Hi Guys,

Has anybody heard any appeal or judicial review application for the current rules about calculation of the continuous 5 year period (about the absences part) ?

Thanks

[corby]

Hi all,

My case is a bit complicated. Here is my short summary below:

- I got my Tier 1 General visa on April 2009 (had an extension on March 2012, I will apply for an other extension on March 2014).
- I entered to the UK on September 2009 (5 months after I got my Tier1)
- I started to a postgrad (MSc) program on September 2009 under my Tier 1 General Visa.
- I have started to work on March 2011 and I am still working.

I have unpaid absences between September 2009 - March 2011. 35 days in my first 12 months period and 25 days in my second 12 months period.

Am I going to be eligible to apply ILR next September (2014)?

Gurus pls help!???

Thanks