New Immigration Rules

cs95tdg · Post by **cs95tdg** » Thu Dec 13, 2012 2:04 pm

While the new (version 12/2012) SET(O) guidance was available this morning the form wasn't. If you check now, you'll notice that both the new form and guidance are available. Check the first page and page footer to ensure you are looking at the latest version.

Form: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

ryan2020 · Post by **ryan2020** » Thu Dec 13, 2012 2:09 pm

ukswus wrote:Ok, it's finally posted:

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.

form says tier 1 general also have to submit compassionate evidence only if exceed from 180 days am i right ?

so we are waiting for guidance notes right ??

ukswus · Post by **ukswus** » Thu Dec 13, 2012 2:10 pm

ryan2020 wrote:
ukswus wrote:Ok, it's finally posted:

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.
form says tier 1 general also have to submit compassionate evidence

Yes, and where did I write anything to the contrary?...

sherkhan297 · Post by **sherkhan297** » Thu Dec 13, 2012 2:14 pm

Couldnt find anything about the 90 day rule.. does that still hold?

I was refused in 2011 though I had exactly 180 days out in 5 years- this included 1 long absence of 105 days. (while on work permit in 2008). I have now had tier 1 since Jan 2010.

If the 90 day rule is relaxed, would I qualify for ILR?

Thanks

ryan2020 · Post by **ryan2020** » Thu Dec 13, 2012 2:16 pm

cs95tdg wrote:While the new (version 12/2012) SET(O) guidance was available this morning the form wasn't. If you check now, you'll notice that both the new form and guidance are available. Check the first page and page footer to ensure you are looking at the latest version.

Form: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

guidance still not available...

cs95tdg · Post by **cs95tdg** » Thu Dec 13, 2012 2:24 pm

ryan2020 wrote:
cs95tdg wrote:While the new (version 12/2012) SET(O) guidance was available this morning the form wasn't. If you check now, you'll notice that both the new form and guidance are available. Check the first page and page footer to ensure you are looking at the latest version.

Form: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
guidance still not available...

That is rather strange as I'm looking at it as I type now. When you say the guidance isn't available are you saying you still see the guidance dated 07/2012, i.e. the previous version? You may want to try and clear your local browser cache, if you are.

ukswus · Post by **ukswus** » Thu Dec 13, 2012 2:24 pm

ryan2020 wrote:
ukswus wrote:Ok, it's finally posted:

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.
form says tier 1 general also have to submit compassionate evidence only if exceed from 180 days am i right ?

so we are waiting for guidance notes right ??

It doesn't say it explicitly, but it says this:

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

Evidence of absence due to compelling or compassionate reasons is also required from all of the above categories, and those applying under the Tier 1 (General); Business person; Self-employed person; Investor; Innovator; Writer; Composer, and Artist categories.

Also, for Tier 1 General specifically:

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:

D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these absences.

It's all a bit confusing. I just assume that if they don;t expect any explanations from Tier 1 holders in question D2 and D3 if total stay is under 180 days, this implies they don't expect any evidence in such cases (compassionate or not). However, if total stay is over 180 days over 5 years, they will expect compassionate evidence only. It makes little sense to me (eg, I can have 300 days over 5 years, 280 odf which can be paid leave and work travel, and just 20- compassionate leave). Why would they be only interested in 20 days? Would they just take my word for 280 days? Anyway, it is what it is.

sherkhan297 · Post by **sherkhan297** » Thu Dec 13, 2012 2:30 pm

Thanks very much for your responses...really appreciate it

In which case.. For my scenario.. I would have to say 'Yes' to 'D2' and provide an explanation for the 105 days (over 3 months) absence.. my concern is will this be sufficient or this is still grounds for refusal..

It was a business trip - but was refused in 2011 and they said it was due to break in continious stay in the UK

I could apply in Oct 2013 but if the rule was in favour..it would save an extension of T1 G due in january..

M2008 · Post by **M2008** » Thu Dec 13, 2012 2:43 pm

if I give reason for absence as 'some one ill in family' say for 20 days absence

DO I need to give 'compelling or compassionate reasons' letter along with medical certificate

Simi UK · Post by **Simi UK** » Thu Dec 13, 2012 2:48 pm

Hi,

I want to ask a question on criminal conviction. We need to mention this in the form even after the new changes, whether spent or unspent??

Also as a Tier 2 migrant is it mandatory to give evidence of paid annual leaves even when they are less than 180 days?

jsamad · Post by **jsamad** » Thu Dec 13, 2012 2:51 pm

Hi,
If ia person who was on Work Permit and later changed to Tier 1, should that person show evidence for the leaves taken while on Work permit? or that person would fall under Tier 1 rules and not required to do so the same?
Could some one please clarify.

fomsand1 · Post by **fomsand1** » Thu Dec 13, 2012 2:51 pm

Took the below from the updated version of the new form Version 12/2012:

7.2. Please give details below for each criminal conviction, starting with the most recent one.
If you or any dependants who are applying with you have received more than two convictions,
please photocopy this page and enclose it with this form.
Note: We will carry out criminal record checks on all applicants and dependants. You must
give details of all unspent and spent criminal convictions. This includes road traffic offences
but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a
sentence of the court. This includes all drink-driving offences.

So this means that anyone concerned about FPN, speeding or parking tickets, Fare evasion, unpaid bills etc for which they were not summoned to appear in court are safe. Hope this clears any confusion here? But if you were summoned to appear in court, then this spells trouble

ilrupdates · Post by **ilrupdates** » Thu Dec 13, 2012 2:52 pm

Amendments to clarify the absences from the UK that are allowed during the continuous residence period for settlement for Tier 1 (General), Tier 2 and pre-points based system work routes (for example work permits, self-employment and business person).

ukba has stated on its website the statement, but I can not see the changes to clarify the absences from the UK during Tier1 (General)
Please can any body tell me what relaxation has been given on absences during Tier 1 general stay and before application of ILR
THANKS

samira_uk · Post by **samira_uk** » Thu Dec 13, 2012 3:01 pm

As always UKBA forms are ill-designed and vague.

SET (O) form:

In section 6:
According to the rules Tier 1 General should provide absence documents only if the absences were due to serious or compelling reasons. But questions 6.3 is not clear and seems if applicant should provide evidence for all absence and there is no "Not Applicable" option available for a Tier 1 G which did not have any absence due to serious or compelling reasons.

in section D of Part 9 for Tier 1 General:
Questions D1-D3 should be removed as they are not required according to the new rules

Simi UK · Post by **Simi UK** » Thu Dec 13, 2012 3:06 pm

About Criminal Conviction,

If you were summoned in the court and its been 24 months now, still you will be successful

245GD. Requirements for leave to remain
To qualify for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant. (read the general grounds of refusal below)

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1C) where the person is seeking indefinite leave to enter or remain:
(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or
(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or
(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or
(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

SONAKSHI · Post by **SONAKSHI** » Thu Dec 13, 2012 3:23 pm

Hi all, I still cannot locate the revised guidelines for Set O issued today- 12/2012. all the links through the forum or in the UKBA website lead to the previous guidelines 07/2012. Would someone be able to PM me the revised guidelines.
Many thanks in advance

ukswus · Post by **ukswus** » Thu Dec 13, 2012 3:29 pm

samira_uk wrote:As always UKBA forms are ill-designed and vague.

SET (O) form:

But questions 6.3 is not clear and seems if applicant should provide evidence for all absence and there is no "Not Applicable" option available for a Tier 1 G which did not have any absence due to serious or compelling reasons.

I would not interpret it this way. You may simply omit ticking any boxes (otherwise choose Letter from applicant detailing reasons for absence due to compelling or compassionate reasons option, if you are Tier 1).

Actually, even Tier 1 Investors and Entrepreneurs have to complete 6.2. By extension, they have to complete 6.3, but there is no option for them there.

ryan2020 · Post by **ryan2020** » Thu Dec 13, 2012 6:22 pm

cs95tdg wrote:
ryan2020 wrote:
cs95tdg wrote:While the new (version 12/2012) SET(O) guidance was available this morning the form wasn't. If you check now, you'll notice that both the new form and guidance are available. Check the first page and page footer to ensure you are looking at the latest version.

Form: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
guidance still not available...
That is rather strange as I'm looking at it as I type now. When you say the guidance isn't available are you saying you still see the guidance dated 07/2012, i.e. the previous version? You may want to try and clear your local browser cache, if you are.

i went to UKBA website and download gudiance.. its the old one i'm getting...

ssidd · Post by **ssidd** » Thu Dec 13, 2012 6:29 pm

What does non custodial sentence mean? Does court fine is a non custodial sentence?

Plz advice me!!!!

sushdmehta_fan · Post by **sushdmehta_fan** » Thu Dec 13, 2012 6:50 pm

ssidd wrote:What does non custodial sentence mean? Does court fine is a non custodial sentence?

Plz advice me!!!!

Suspended sentences !!

ssidd · Post by **ssidd** » Thu Dec 13, 2012 8:33 pm

does court fine is a suspended sentence?

ssidd · Post by **ssidd** » Fri Dec 14, 2012 8:29 am

Hi,
I just noticed that in TIER 1 GENERAL EXTENSION there is same clause which says.....
General ground of refusal.

Does it mean that one with court FINE with in last 24months of application even due to a traffic offence is unable to extend their TIER 1 as well?

Please guide me specially GURU'S.

Regards
Sidd

ramay · Post by **ramay** » Fri Dec 14, 2012 6:38 pm

someone needs the guidance? here it is
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

movingtobirmingham · Post by **movingtobirmingham** » Fri Dec 14, 2012 7:44 pm

I think I'm even more confused about the most latest guidance than previous ones. In reference to the December 13 "ilr-calculating-continuous.pdf" document, on page 10 it seems, if I'm reading correctly, that a tier 2 general visaholder would still only be allowed 180 days over the 5 year period; however on page 16, and until the end of the document, they shift discussion to "Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken." I will need to travel for work (let's say about 30 days/year), and additionally will probably have about 20 days a year of personal leave during "paid annual leave" periods -- would this mean that my application for ILR (in 5 years time) then be exceptional?

cs95tdg · Post by **cs95tdg** » Fri Dec 14, 2012 10:07 pm

movingtobirmingham wrote:In reference to the December 13 "ilr-calculating-continuous.pdf" document, on page 10 it seems, if I'm reading correctly, that a tier 2 general visaholder would still only be allowed 180 days over the 5 year period;

This isn't correct. On page 10 what it states is "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).". There is also an example:

The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:
Year 1: 11 November 2012 to 10 November 2011
Year 2: 11 November 2011 to 10 November 2010
Year 3: 11 November 2010 to 10 November 2009
Year 4: 11 November 2009 to 10 November 2008
Year 5: 11 November 2008 to 10 November 2007

movingtobirmingham wrote:I will need to travel for work (let's say about 30 days/year), and additionally will probably have about 20 days a year of personal leave during "paid annual leave" periods -- would this mean that my application for ILR (in 5 years time) then be exceptional?

No. You will not cross the allowed absence threshold based on the days mentioned here. But you will need a letter from your employer for each of these absences - if you are a Tier 2 G migrant.

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