New Immigration Rules

[samira_uk]

I have a concern about the new IDI guidance on 5 years absences too:

it is said on the bottom of page 11:

In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only

And the Tier 1 General mentioned as one of the categories. Then, what they mean for"purpose of being here"? For example, I did not find work and come back to my country for 2 month and then returned to the UK. It will count toward a break? However, they said that evidence needed for compelling reasons only!!!

To be honest, on one side, they increase the allowed absences to 180 days and it was a good news. On the other side, their wording is very unclear and makes more stress that they may refuse based on the fact that your absence was not connected with the purpose of your being here!!!

[rajesh9pl]

I am reading this discussion with lots of interest and quite eager to post my question.

I entered UK in the first week of my initial visa start date. However, I stayed in UK for only two days and left. Later, I came back to UK after 147 days and since then I have been living here continuously.

I am in UK on Tier1 (General) Main.

Would I be able to apply for ILR based on my initial entry? I mean, would they ignore absence of 147 in first year?

Many thanks.

[M2008]

I have a concern about the new IDI guidance on 5 years absences too:

it is said on the bottom of page 11:

In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only

And the Tier 1 General mentioned as one of the categories. Then, what they mean for"purpose of being here"? For example, I did not find work and come back to my country for 2 month and then returned to the UK. It will count toward a break? However, they said that evidence needed for compelling reasons only!!!

To be honest, on one side, they increase the allowed absences to 180 days and it was a good news. On the other side, their wording is very unclear and makes more stress that they may refuse based on the fact that your absence was not connected with the purpose of your being here!!!

absences must be for reasons connected with the applicant’s purpose for being in the UK --> Definition of Tier 1 (General)

The Tier 1 (General) category allows highly skilled people to look for work or self-employment opportunities in the UK. Tier 1 (General) migrants can seek employment in the UK without a sponsor, and can take up self-employment and business opportunities here.

You can still say looked for work staying outside UK or inside. no proof is required as they mentioned proof only required for compelling or compassionate reasons only

[samira_uk]

Yes I know it but why they made it so confusing? They could make it as simple as Tier 1 ent or Tier 1 investor. If you were outside the UK for less than 180 days OK that's fine and if no you should submit documents. Anyone can say I was looking for job. Then, what is the value of this? UKBA is making everything complicated or in worse case may refuse cases based on junk interpretation of the rules.

In addition, in the new immigration rules published on 13th Dec there is no such thing like purpose of stay and I think ECO should process based on the rules no on the IDI.

[samira_uk]

Moreover, what happens if someone outside the UK for example 2 months as holiday (it can be a case for temporary worker or sole traders)

Believe me, they always want that we keep worrying of something.

[JohnM]

Yes I know it but why they made it so confusing?

Well, I think they deliberately make it so confusing so that in case of some sort of crisis, if they don't want immigrants, or some particular immigrant or group of immigrants, they can interpret these rules as they want.

There were a lot of fine examples in UK history. For example, they deported a group of Russian Cossacks (several thousands) at the beginning of 20th century because they got "guarantee" by Soviet government, which was not even officially recognised as such by US, that they would be safe in Russia. All Cossacks were executed promptly after arriving in Russia. UK also was not particularly welcoming to Jews during Second World War. So there are a lot of fine examples why they write rules so confusing. It is a good old British tradition.

[samira_uk]

Yes I agree with you. But caseworker cannot act based on guidance and only immigration rules matter. In the rules, there are two categories: Sponsored worker and non-sponsored. The first group should submit evidence and second group should submit only the reason was compelling.

But in the guidance actually there are three groups: sponsored, non-sponsored other than Tier 1 G and HSMP and Tier 1 G and HSMP. The last group should say the reason and the reason should connect to their being in the UK! It was not said anywhere in the rules.

If the caseworkers are going to refer to this confusing and meaningless guidance, we will see many appeal cases in the courts I guess.

[ukswus]

Yes I agree with you. But caseworker cannot act based on guidance and only immigration rules matter. In the rules, there are two categories: Sponsored worker and non-sponsored. The first group should submit evidence and second group should submit only the reason was compelling.

But in the guidance actually there are three groups: sponsored, non-sponsored other than Tier 1 G and HSMP and Tier 1 G and HSMP. The last group should say the reason and the reason should connect to their being in the UK! It was not said anywhere in the rules.

If the caseworkers are going to refer to this confusing and meaningless guidance, we will see many appeal cases in the courts I guess.

Samira_uk, I think you have a justified concern. I also think that UKBA is overstepping its authority in interpreting immigration rules. I would not stress too much about it now (it's too early, and they may issue additional clarifications), but at the moment it does seem that they put Tier 1 holders even to the more rigorous continuous residence test than the sponsored workers. I talk about this in more detail on this thread:

http://www.immigrationboards.com/viewtopic.php?t=120750

If news starts to trickle in that they start refusing ILR applications for Tier 1 holders for trivial reasons (e.g., a few weeks of unpaid holidays over the 5 year period), all of us should think about coordinated response.

[crazyvish]

The old application form SET(O) seems more straight forward and easy for me. I am attending PEO on 20th Dec. I am going to use the old application form as it is valid for 28 days from the day the new application came into force.

In line with paragraph 34(i) of the Immigration Rules, we will continue to accept applications made on the previous version of these forms up to and including 3 January 2013. We will consider any application submitted on or after 13 December 2012 under the revised Immigration Rules regardless of which version of the application form is sent.

[SriGan]

Members,

I am on Tier 1 Gen Visa and have exceeded the 90 days absence in singles stretch. This was for Business Trip for Offshore Operations (105 days). Got Employer Letter also.Other than this in each year, i have no leaves extending more than 180 days.

Am I eligible to apply? Will my application gets rejected straight away?

Need your valuable inputs?