Actually, a very bad news for Tier 1 general holders

Gudwin · Post by **Gudwin** » Tue Apr 16, 2013 5:25 pm

M2008 wrote:Questions asked to ILR Settlement Team

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

This is a load of crap.

hsmpilr · Post by **hsmpilr** » Tue Apr 16, 2013 5:56 pm

Gudwin wrote:
M2008 wrote:Questions asked to ILR Settlement Team

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

This is a load of crap.

Atleast argueable and fine if applied from Apr 2013 but not in retrospect .... what nonsense is this ?
Taking unpaid leave is not a criminal offence which will affect the safety of citizens ...

Gudwin · Post by **Gudwin** » Tue Apr 16, 2013 6:03 pm

hsmpilr wrote: Atleast argueable and fine if applied from Apr 2013 but not in retrospect .... what nonsense is this ?
Taking unpaid leave is not a criminal offence which will affect the safety of citizens ...

I don't think it's possible to find any sign of logic in UKBA's actions, because they are all just a bunch of morons, never getting anything right the first time, so have to change rules every six months.

Highly skilled people are contributing in taxes, not using any public funds, willing to make this godforsaken country their home and this is how they are being treated. Hilarious.

P.S. Actually, for the UKBA mostly being a bunch of morons, most CW on-site are pretty decent people, understanding your situation, that's why we should never trust too much the new policies, as they are enforced by the HO backoffice.

hsmpilr · Post by **hsmpilr** » Tue Apr 16, 2013 7:49 pm

I cannot go back and un-take the leaves ? Why does UKBA does not understand this when applying rules ? Why are these not given for review before suddenly thrown on to face of immigrants ?
Anyhow, there is no use in arguing here. We all must join hands to support people who are affected by this rule. Why dont we file an online petition ?
Please I am not good in writing ... someone help ... preferably someone who has already got his ILR.

https://www.gov.uk/petition-government

Ramana66 · Post by **Ramana66** » Tue Apr 16, 2013 8:18 pm

I agree and second all the opinions here. Requesting Gurus and senior members to provide their advice and comments.

moodymani · Post by **moodymani** » Tue Apr 16, 2013 8:19 pm

I agree with hsmpilr, let's do something about this and may be start by filing a petition.
Let's get together and fight back by hiring a Solicitor etc.

ldbright · Post by **ldbright** » Tue Apr 16, 2013 8:33 pm

I think that we should seek the opinion of a professional immigration lawyer first.

hsmpilr · Post by **hsmpilr** » Tue Apr 16, 2013 8:46 pm

ldbright wrote:I think that we should seek the opinion of a professional immigration lawyer first.

Having asked quite a few solicitors I have been answered that the rules in place when we come in to the country will continue and so these things will not be an issue. I am not sure how updated they are in their busy schedules of attending to already existing cases but they are not seeming to be abreast with the latest happening. May be they are but I am not sure here if the rule they say applies.

hsmpilr · Post by **hsmpilr** » Tue Apr 16, 2013 8:48 pm

moodymani wrote:I agree with hsmpilr, let's do something about this and may be start by filing a petition.
Let's get together and fight back by hiring a Solicitor etc.

Problem is petition can be filed only by a resident or a citizen Only a solicitor can do it and we in the board who are aspirants of ILR cannot.

pkumar · Post by **pkumar** » Tue Apr 16, 2013 9:31 pm

Also.. till now no one has reported the rejection because they did not have absence letter.... so seems like guidelines not followed strictly ...

hsmpilr · Post by **hsmpilr** » Tue Apr 16, 2013 9:39 pm

pkumar wrote:Also.. till now no one has reported the rejection because they did not have absence letter.... so seems like guidelines not followed strictly ...

This exactly is my concern. No news is not good news. People who got rejected at ILR level will be shattered and will take time to recuperate ... even so worse if their existing LTR has expired.

I am not wishing for someone to fail and hope everyone gets their ILR.

rajan1981 · Post by **rajan1981** » Tue Apr 16, 2013 10:16 pm

Hi All,

I was on WP and Tier 1 G and I have got my ILR approved after 6th April Rules. I had my shares of absences and didn't provide any letter other than the work related absence from my present employee. I had some absences (work related and personal as well) with previous employer but didn't get any letter. I was too worried about the Absences, but I think they are not looking into the absences as per what Email replies from UKBA suggests.

I applied with NEW form and had around 210 days of absence in the last 5 years.

Good luck.

sheraz_aries · Post by **sheraz_aries** » Tue Apr 16, 2013 10:20 pm

rajan1981 wrote:Hi All,

I was on WP and Tier 1 G and I have got my ILR approved after 6th April Rules. I had my shares of absences and didn't provide any letter other than the work related absence from my present employee. I had some absences (work related and personal as well) with previous employer but didn't get any letter. I was too worried about the Absences, but I think they are not looking into the absences as per what Email replies from UKBA suggests.

I applied with NEW form and had around 210 days of absence in the last 5 years.

Good luck.

Congrats mate and cheers for sharing...

Did you had any unpaid/unemployement uk absences, also were your unpaid holidays were during Tier 1 General?

snowball001 · Post by **snowball001** » Wed Apr 17, 2013 4:41 am

I would like to humbly disagree with the petition proposal - so far there isn't anything to petition for(yes the new rules are in place now but oddly enough there are no effects). It is the CWs who make the decision on our cases ( and most of the time they are very sensible), not the guys who answer email enquiries.

Ramana66 · Post by **Ramana66** » Wed Apr 17, 2013 7:27 am

@rajan1981,

Thanks for your message. Could you please give some more information on your absences, Date of EC, date of Entry and whether any absences for unpaid or while you are not in employment.

Many thanks,

mah · Post by **mah** » Wed Apr 17, 2013 9:30 am

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

ssidd · Post by **ssidd** » Wed Apr 17, 2013 1:08 pm

Hi Every body,

My ILR is due next month but as per my understanding

I need to get letters from my previous and current employers regarding my annual leave and it does not matter whether I gone overseas or not?

One of my previous company have not got any holiday record of my annual leave which I got in 2008, what should I need to do in this case?

One of my previous company is taken over by another company and I dont know whom I need to contact to get letter?

Please Clarify me, If I am wrong and guide me.

Thanks and Kind Regards,
Sidd

hsmpilr · Post by **hsmpilr** » Wed Apr 17, 2013 5:37 pm

ssidd wrote:Hi Every body,

My ILR is due next month but as per my understanding

I need to get letters from my previous and current employers regarding my annual leave and it does not matter whether I gone overseas or not?

One of my previous company have not got any holiday record of my annual leave which I got in 2008, what should I need to do in this case?

Get a letter from the company if possible that they do not have any holiday records.

One of my previous company is taken over by another company and I dont know whom I need to contact to get letter?
Go to the company and ask about this.

UKBA says if you are unable to get a letter, contact of the company or a letter from the comany that they donot have any records of leaves is sufficient.
Edited: If you are not able to do any of the above just submit the company contact information in your application. They may call and ask them to confirm what you said is true.

Please Clarify me, If I am wrong and guide me.

Thanks and Kind Regards,
Sidd

newbie_2013 · Post by **newbie_2013** » Wed Apr 17, 2013 9:25 pm

Just to make thing clear here. I see some people still posting the fact that they were not away for more than 90 days within a given year. My understanding is that the 180 day rule per year (from dec'12) is still valid?!?

cheers

hsmpilr · Post by **hsmpilr** » Wed Apr 17, 2013 9:45 pm

newbie_2013 wrote:Just to make thing clear here. I see some people still posting the fact that they were not away for more than 90 days within a given year. My understanding is that the 180 day rule per year (from dec'12) is still valid?!?

cheers

From Apr 2013 the 180 day rule comes to effect. in any 12 months 180 days absence is allowed provided some conditions are met.

hsmpilr · Post by **hsmpilr** » Thu Apr 18, 2013 6:33 am

Doesnt look like the FOI answers are to be taken seriously since they do not seem to have a grasp of the rules
Generally it seems that CaseWorkers are more knowledgeable and considerate on case to case basis.

http://www.immigrationboards.com/viewtopic.php?t=101788

letmec2006 · Post by **letmec2006** » Thu Apr 18, 2013 9:13 pm

After all the panic and confusion, now that we are seeing number of cases where the employer letter is not even asked if the number of days absence are less. I am convinced we don't need to worry too much about the absenses issue. If possible get a letter or explain in a personal letter that would do. Probably in about 3 months time, the ukba would come to some conclusion of what this absence is about. At that point they will either scrap this policy or tighten it properly with appropriate details, then we will worry!!!

cruzez · Post by **cruzez** » Fri Apr 19, 2013 11:30 am

hsmpilr wrote:
ssidd wrote:Hi Every body,

My ILR is due next month but as per my understanding

I need to get letters from my previous and current employers regarding my annual leave and it does not matter whether I gone overseas or not?

One of my previous company have not got any holiday record of my annual leave which I got in 2008, what should I need to do in this case?

Get a letter from the company if possible that they do not have any holiday records.

One of my previous company is taken over by another company and I dont know whom I need to contact to get letter?
Go to the company and ask about this.

UKBA says if you are unable to get a letter, contact of the company or a letter from the comany that they donot have any records of leaves is sufficient.
Edited: If you are not able to do any of the above just submit the company contact information in your application. They may call and ask them to confirm what you said is true.

Please Clarify me, If I am wrong and guide me.

Thanks and Kind Regards,
Sidd

I am applying in two weeks, Two of my previous companies do not hold any record of my holidays. But they were happy to write me letter what ever I asked for. Best you can do is take your passport or e-tickets show them proof that u were actually out of work for those days based on that they will provide letter.

Plus I approached companies in such a way that they have to provide letters due to new immigration rules and they will be at risk breaking rules now its their responsibility. Initially one company declined so when I mentioned about immigration Home Office new rules etc,,, they just gave me what I wanted with a fear of not to involve mess of immigration rules etc.

hsmpilr · Post by **hsmpilr** » Fri Apr 19, 2013 6:04 pm

letmec2006 wrote:After all the panic and confusion, now that we are seeing number of cases where the employer letter is not even asked if the number of days absence are less. I am convinced we don't need to worry too much about the absenses issue. If possible get a letter or explain in a personal letter that would do. Probably in about 3 months time, the ukba would come to some conclusion of what this absence is about. At that point they will either scrap this policy or tighten it properly with appropriate details, then we will worry!!!

Yes. Everybody please, if you are ever asked for the employer letter, could you update us please ?

zafarkth · Post by **zafarkth** » Sat Apr 20, 2013 8:52 pm

Hi All,

I got ILR approval with two dependants @ Solihull. Big relief

Over all it process was quite fast and for approval letter in two hours including one hour wait.

I was on HSMP+TIER 1

My main concern was 89 holidays in one stretch but these were paid.

So my interview with case worker started with,

Case worker: how many days you were out of uk in last 5 years.

Me: around 225 days

And that's was it about holidays . CW didn't ask about any letter( I had with me ) for Holliday evidence .

CW: give me your passports

Which I handed over to him.

AfTersome checks, he asked for LIUk Test, then payslips and bank statement.

Last thing he asked for cohab docs.

And that was it. He told us that every things is fine and ask us to go for biometrics.

Fee was taken first before he considered our application.

Still waiting for BRP cards . Wait goes on .

Immigrationboards.com: Immigration, work visa and work permit discussion board

Actually, a very bad news for Tier 1 general holders

Paid Annual Leave for TIER 1 General Migrant

Re: Paid Annual Leave for TIER 1 General Migrant

Re: Paid Annual Leave for TIER 1 General Migrant

ILR APPROVED 15th April @solihull