I spoke to my solicitor and he said that as its in the limit and you have not crossed taking the holiday more than permitted so no need for evidence/document as I've taken only 19 days(in 2008), 24days(in 2009), 7days ( in 2010), 27days(in 2011), 31days ( in 2012). Total 108 days in the last 5 year...

may be with those confusing words, UKBA is trying to ask the record of paid annual leave in a scenario: if someone was assigned outside the UK for some time and he/she took personal holidays during that assignment in that country? Well, in a new rule, they allow up to 180 days of absences per year ...

This new policy just makes zero sense. For example: -Someone who is self-employed only needs to provide a personal letter. Why are salaried people penalized compared to the SE? -It's my understanding that if someone is not working, and takes a short break abroad (eg between 2 jobs), again they only ...

katwmn6 wrote: This is a completely new level of insanity, even for UKBA.

Damnit.

All of this insanity is just to appease the Daily Mail readers (ie, to make as many Tier 1 holders leave the country without getting settlement, even if for completely frivolous reasons).

Did you ask about the work related or personal holidays? I don't think any paid leave comes under 'work-related' absences comment that they have given in the SET (o) form I don't understand what is so unclear to you. How is it in your view, that the the part highlighted in bold below, does not &quo...

All the rules are subject to interpretation. True, except that it's very clear what the grounds for losing ILR are for people inside the UK, as opposed to those who need to travel. By the way, I am not quite clear what is the point of calling ILR holders as "not subject to immigration control&...

I had edited my post: However, 20A states that leave exceeding 6 months does not lapse. So perhaps "seeking leave to enter" cannot be considered as "making a new application for leave to enter". Yes, I noticed that (especially the word "perhaps"), that's why I wrote th...

ILR holders are subject to the Returning residents provisions. In other words, each time a person with ILR comes back, they are treated as returning residents? This looks like a very grey area to me. In principle, if ILR can be so easily cancelled just because a person with a recent minor criminal ...

If "seeking leave to enter" in 18 is considered as "making a new application for leave to enter" in 321A(4A) , then refusal is possible. However, there should be an in-country right of appeal. Thank you for your response. If I understand correctly, item 18 refers to the category...

I am interested in part 9 of the immigration rules, specifically section "Grounds on which leave to enter or remain which is in force is to be cancelled at port or while the holder is outside the United Kingdom" http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules...

vinoj.cardoza wrote:I am shocked to hear that will take months to get reply back.

Can you please tell me how you are getting the update of your file?

Many Thanks

Absolutely ludicrous that they take months to decide on the PEO application, which charges really exorbitant fees.

Your eligibility depend on the date of application , from the date of application work it backwards each year you should not have more than 180 days of absence. If you are not in UK for more than 180 days then your continuity is broken as per the current rules. And remember that, as per rules to be...

My Timeline so far: UPdate :Received my and my wife's Biometric cards on 1/3/13 below: My current Status :ILR but I applied ILR on the basis of as followed: 1. ILR applied on the base: TIER 1 GENERAL 2. Date of expiry of leave: 04/11/12 3. Application form used for ILR: SET (O) 4. Number of dependa...

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant , a Tier 1 (Investor) Migrant, a Tier 1 (Ent repreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, compos...

vrsec666 - I agree with your points above...... and so do two immigration advisers I deal with.....the defining factor about satisfying a continuous 5 year period for ILR is 245AAA (a) and having an "unbroken period with valid leave" which is the 180 day rule..... According to the below l...

I agree with ukswus - the changes will affect all T1 (G) applicants but as mentioned in my post above is not applicable only if the absence was employment related? If you read all 3 points under 245CD-SD, i.e. a), b) & c) you’ll see it covers all types of absences. I.e. employment related absen...

If nothing else was changed in 245CD(j) , it doesn't matter what changes were made to 245CD- SD as long as applicant is with in absence limits I don't understand your logic. From April, 245CD(J) will look as follows: (j) The applicant must provide the specified documents in paragraph 245CD-SD to ev...

I don't agree that this will impact every Tier 1 General applicant The following from immigration rules states that 245CD(J) - The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA,where the absence was due to a ...

Also, what parapgh or page in the statement of changes did you notice the deletion as I cant see anything about this at all. Please advise. I'm only sharing my opinion and what I think...dont take my word for it 26. In paragraph 245CD(j), delete “, where the absence was due to a serious or compelli...

To be honest guys, I really dont see what the fuss is about, if this is relating to TIER1 G to ILR Route. Gurus and Moderators, correct me if I'm wrong but I've read the statement of changes (on TIER1 G and ILR) and cross referenced these with with Part6A Paragraphs 245CD-SD and dedcuted the below:...

Azee, As long as you have less than 180 days in your 5 years slot. You no need to worry according to the new rules in place. I guess you no need to prove about your compassionate reason if the absenses are less than 180 in last 12 months. What is the basis of your statement? According to my underst...

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Ent repreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, compose...

So is a Tier 1 General not a highly skilled migrant? According to the below link it is. In which case paragraph 245AAA(c) would be relevant. http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/ (b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1...

I reckon the reason for this change is to address current Tier 1 General ILR applicants, who were previously on one of the lower categories (eg. tier 2, WP, etc) in the earlier part of their 5 year qualifying period........I dont believe they expect such evidence for applicants whose 5 years qualif...

Suppose I left employer A 2 years ago, and that he gave me a letter confirming my absences back then. Is it OK to bring this letter to ILR appointment? I understand it does not have to be dated recently (eg one month before the appointment is due?)