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by ukswus
Thu Mar 14, 2013 5:27 pm
Forum: Indefinite Leave to Remain
Topic: WHAT THE HELL UKBA IS DOING..plzz comment
Replies: 4
Views: 838

Well to be honest it always appeared to be an error to not ask Tier 1 guys for proof when everyone else was asked to submit the same. The move to 180 days everyone was to bring everyone on a level playing field. They have made the change now so that there is less confusion. I was prepared with my a...
by ukswus
Thu Mar 14, 2013 4:40 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 74783

Re: Actually, a very bad news for Tier 1 general holders

What the hell UKBA is doing.. I went for holidays to see my family. Like any normal person will go. i went in 2009, 2010 to see my family and 2011 for my wedding. and my employers gave me paid holidays what will they write other then annual statutory holidays... it doesnt make anyyy sense.. and i l...
by ukswus
Thu Mar 14, 2013 4:29 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 74783

Re: Actually, a very bad news for Tier 1 general holders

I did not get it...I am on tier 1 general visa and eligible to apply for ILR after 28 June 2013... I have been visiting my country (Pakistan) every year except in 2012. In total i was out of country for 70 days plus i am going to Germany for 3 days tonight for holidays... How am i effected and what...
by ukswus
Thu Mar 14, 2013 2:49 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 74783

Hi, Thanks for sharing. I have seen the link, is there any specific statement this could be applied for Tier 1 G holders as well ? Also, this changes will come in to effect by 6th Apr 2013 right. Thanks Yes, it specifically applies to Tier 1 general only, as you can see by referring to paragraph 24...
by ukswus
Thu Mar 14, 2013 2:20 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 74783

Actually, a very bad news for Tier 1 general holders

Today's "minor" immigration change means the following: If in the past, Tier 1 general holders did not have to justify any of their absences, as long as they were under 180 day limit, now (like tier 2 holders) they would have to prove their every single absence: The specified documents ref...
by ukswus
Mon Feb 25, 2013 3:43 pm
Forum: General UK Immigration forum
Topic: New Visa Fees from 6th April 2013
Replies: 10
Views: 1824

For a family of 3, the new visa fee for Tier 1 extension will be almost 5,000 pounds. Add to this the cost of initial application and of other extensions, the cost of ILR application, cost of naturalization, all taxes without any entitlement to benefits, and the net positive contribution to the Exch...
by ukswus
Sat Dec 15, 2012 12:30 pm
Forum: Indefinite Leave to Remain
Topic: New Immigration Rules
Replies: 59
Views: 9188

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 ...
by ukswus
Fri Dec 14, 2012 5:03 pm
Forum: Indefinite Leave to Remain
Topic: Redundancy and ILR
Replies: 4
Views: 494

Re: Redundancy and ILR

Dear folks, Could someone confirm that any gaps in employment (due to redundancy in my case) within 5 years' time do not affect Tier1(G)-to-ILR applicants according to new rules? As I understand, 60 days rule in 245AAA affects Tier2/WP applicants only. Thank you, AM If you stayed in the UK during t...
by ukswus
Fri Dec 14, 2012 2:33 pm
Forum: Indefinite Leave to Remain
Topic: very urgent---unpaid leave--ilr appointment 28th of dec/12--
Replies: 5
Views: 843

Re: very urgent---unpaid leave--ilr appointment 28th of dec/

-------------------------------------------------------------------------------- i have appointment on 28th of dec 2012. i am on tier1 general visa and has been working on a contract job and i have taken two of the hlidays as 15days and 55days as unpaid leave. both of these holidays were for marria...
by ukswus
Fri Dec 14, 2012 2:07 pm
Forum: Indefinite Leave to Remain
Topic: What if Tier 1 holder was on unpaid leave?
Replies: 8
Views: 2129

Some more intresting stuff The Secretary of State considers the granting of ILR in the UK to be a privilege and the continuous period requirement is the minimum amount of time which a migrant must spend in employment or being economically active in the UK before being eligible to qualify for ILR. B...
by ukswus
Fri Dec 14, 2012 1:35 pm
Forum: Indefinite Leave to Remain
Topic: What if Tier 1 holder was on unpaid leave?
Replies: 8
Views: 2129

Re: What if Tier 1 holder was on unpaid leave?

Having thought about this a bit, I think UKBA is overstepping its authority with regards to tier 1 holders, and maybe not a little bit. The immigration rules clearly say the following: ******************************************************* 245AAA. General requirements for indefinite leave to remain...
by ukswus
Fri Dec 14, 2012 1:16 pm
Forum: Indefinite Leave to Remain
Topic: ILR absences over 180 days
Replies: 14
Views: 1338

It would be worth reading the following updated case worker guidance on "Guidance –ILR – calculating continuous period in the UK – v6.0". Page 10-12 explain absences that would be considered acceptable and not break continuous residency. http://www.ukba.homeoffice.gov.uk/sitecontent/docum...
by ukswus
Fri Dec 14, 2012 1:10 pm
Forum: Indefinite Leave to Remain
Topic: What if Tier 1 holder was on unpaid leave?
Replies: 8
Views: 2129

Re: What if Tier 1 holder was on unpaid leave?

I suspect quite a few Tier 1/HSMP people were out of the UK at some point on unpaid leave. For example, people could go abroad for a short break between employments, and naturally this doesn't fall in the category of work-related travel, paid leave, or serious/compelling reasons. Refusing applicati...
by ukswus
Fri Dec 14, 2012 12:52 pm
Forum: Indefinite Leave to Remain
Topic: ILR absences over 180 days
Replies: 14
Views: 1338

gvsandeep33 wrote:Thanks again. So if i understand currently that means I can apply in Jan for the ILR without having to extend my current Tier 1 visa, and it should be a straightforward application?
Based on what I know, my understanding is yes. But I am not a lawyer, so cannot guarantee this.
by ukswus
Fri Dec 14, 2012 12:50 pm
Forum: Indefinite Leave to Remain
Topic: ILR absences over 180 days
Replies: 14
Views: 1338

M2008 wrote:Hi ukswus

If any one absence is due to lost employment or unpaid leave, do they reject application?
My thoughts about it are here:

http://www.immigrationboards.com/viewtopic.php?t=120750
by ukswus
Fri Dec 14, 2012 12:34 pm
Forum: Indefinite Leave to Remain
Topic: ILR absences over 180 days
Replies: 14
Views: 1338

Thank you ukswus for your reply. I looked at the application form again and you are right the letter from the employer now does not apply to my application. It does however ask for a "Letter from applicant detailing reasons for absence due to compelling or compassionate reasons". I am sti...
by ukswus
Fri Dec 14, 2012 11:50 am
Forum: Indefinite Leave to Remain
Topic: What if Tier 1 holder was on unpaid leave?
Replies: 8
Views: 2129

What if Tier 1 holder was on unpaid leave?

I suspect quite a few Tier 1/HSMP people were out of the UK at some point on unpaid leave. For example, people could go abroad for a short break between employments, and naturally this doesn't fall in the category of work-related travel, paid leave, or serious/compelling reasons. Refusing applicatio...
by ukswus
Fri Dec 14, 2012 11:24 am
Forum: Indefinite Leave to Remain
Topic: ILR absences over 180 days
Replies: 14
Views: 1338

Re: ILR absences over 180 days

I have been reading the forum for ages now and I finally need some solid advice and I am hoping you can help. I am applying for an ILR in Jan 2013. I entered the country on HSMP and switched to a Tier 1 general. The only issue I have is the amount of days out of the country. i have been out for a t...
by ukswus
Fri Dec 14, 2012 8:14 am
Forum: Indefinite Leave to Remain
Topic: Employer letter stating paid annual holidays outside UK
Replies: 22
Views: 7921

Re: Employer letter stating paid annual holidays outside UK

Hi guys, Does anybody has any set format for this letter, which is now required for all ILR applications? I've never been out of country for work related reasons but have used my paid leaves every year. Now what should my employer state about those ? Please suggest. Can people post the exact wordin...
by ukswus
Thu Dec 13, 2012 3:29 pm
Forum: Indefinite Leave to Remain
Topic: New Immigration Rules
Replies: 59
Views: 9188

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...
by ukswus
Thu Dec 13, 2012 2:24 pm
Forum: Indefinite Leave to Remain
Topic: New Immigration Rules
Replies: 59
Views: 9188

Ok, it's finally posted: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/forseto04091.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 thi...
by ukswus
Thu Dec 13, 2012 2:10 pm
Forum: Indefinite Leave to Remain
Topic: New Immigration Rules
Replies: 59
Views: 9188

Ok, it's finally posted: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/forseto04091.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 thi...
by ukswus
Thu Dec 13, 2012 2:02 pm
Forum: Indefinite Leave to Remain
Topic: New Immigration Rules
Replies: 59
Views: 9188

Ok, it's finally posted: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/forseto04091.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...
by ukswus
Thu Dec 13, 2012 1:15 pm
Forum: Indefinite Leave to Remain
Topic: New Set(O) forms
Replies: 2
Views: 699

Re: New Set(O) forms

Hi, Just being to the UKBA website and they have new form available. With the changes from today. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/december/18-application-forms Regards, This is like 10th post today saying the new application form is available. If you actually cared t...
by ukswus
Tue Dec 11, 2012 1:01 pm
Forum: Indefinite Leave to Remain
Topic: New Immigration Rules
Replies: 59
Views: 9188

hi ukswus, You have a point. I am applying on the 13th, and I have no option but to check their site time and again for the updated form and guidance. If it comes through on 12th night, I am not sure how I will get everything right for my appointment on the 13th. Some mess eh? I very much sympathiz...