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by hsmpilr
Sun Apr 14, 2013 5:28 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Is that true that Tier 1 candidate who absence from UK while unemployed have break there continuous period in uk? Yes it seems from the way UKBA has put it. But we are not having a clear information on this. why should Tier1 be dependent on an employer for letter and declarations as-long-has he has...
by hsmpilr
Sun Apr 14, 2013 5:21 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Re: CW mood

http://www.immigrationboards.com/viewtopic.php?p=562883&sid=cf4d19a5e4142bf09419ab2feb8d0980 Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ? the case you mentioned had more then 90 days of absence within 12 months perion [2...
by hsmpilr
Sun Apr 14, 2013 4:02 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

CW mood

http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?
by hsmpilr
Sat Apr 13, 2013 5:29 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Hi All and gurus I read this policy guidance for caseworkers http://www.google.co.uk/url?sa=t&rct=j&q=caseworker+guidance+ukba+ILR&source=web&cd=1&ved=0CDwQFjAA&url=http%3A%2F%2Fwww.ukba.homeoffice.gov.uk%2Fsitecontent%2Fdocuments%2Fpolicyandlaw%2FIDIs%2Fidichapter6a%2Fsectio...
by hsmpilr
Sat Apr 13, 2013 11:56 am
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Good news then, that's some more people getting approved with not having too many hassle with the AL. In all these panic mode, I forgot to think about my visa fees for us went up from £3444 to £4915!! :roll: Huge fees - yourself and 3 dependants, that is really painful :(. I have same number of dep...
by hsmpilr
Fri Apr 12, 2013 8:00 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

unpaid

What about unpaid leaves ? Are they all in trouble ?
by hsmpilr
Fri Apr 12, 2013 7:46 am
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

So the CW is asking about absences, and she did ask for a explanation. But if there is sufficient evidence that the letter can't be provided they agree to that. So basically it goes with the discretion of the CW. they have flexibility to do whatever, to me this is absurd. Wondered to what extent th...
by hsmpilr
Fri Apr 12, 2013 6:31 am
Forum: Indefinite Leave to Remain
Topic: Life in the UK Test & English Requirement for settlement
Replies: 4
Views: 664

people who have got Tier1 with degree taught in english do not have to go through the 2nd additional part of LITUK
by hsmpilr
Thu Apr 11, 2013 10:08 pm
Forum: Indefinite Leave to Remain
Topic: ILR Success @ Solihull
Replies: 8
Views: 1318

Thank you all for the wishes. Yes all my absences were paid, some on annual leave, some on sick leave. I have also got the letters from Employers to confirm that, but the case worker has not asked for those, so I have not submitted any of these evidences with file. I hv used the new Set(O) form. Th...
by hsmpilr
Thu Apr 11, 2013 10:07 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

I agree that the responses from UKBA have been convoluted and misleading to say the least. However, based on what we have seen so far case workers are not using a narrow and rigid interpretation of the rules to refuse ILR in cases which would have been obvious successes before 6 April. I think ever...
by hsmpilr
Thu Apr 11, 2013 10:03 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

This looks promising. But still vague. Why must we be in the mercy of CW's mood ? if they had a rough day will they just ask for the letter to annoy us ?
I somehow throughout feel that UKBA owes us an explanation of the INTENT behind the new rule. Why is the reason this is applied in retrospect.
by hsmpilr
Thu Apr 11, 2013 8:34 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Anyone PEO success with new form ? without the absence letters ?
by hsmpilr
Thu Apr 11, 2013 7:40 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Re: very worried now...

... i thought my case was straightforward but this is really worrying now... I took 3 weeks off last yr (1 wk paid n 2 wks unpaid leave) to attend my brother's wedding... thats the only unpaid leave I've had in 6 years of working with the same employer.... is it likely to become an issue!!!!?? How ...
by hsmpilr
Thu Apr 11, 2013 6:43 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

My question is People who applied before Apr 6th even though entered UK at the same time as us have got their ILR despite unpaid absences. So why is this discrimination to a set of people just because they are eligible (for various reasons) just a month late than apr 2013 ? I again strongly feel thi...
by hsmpilr
Thu Apr 11, 2013 6:39 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

nadnet wrote:
stevenxi wrote:It's TOTALLY against human rights. You can't visit family if you don't have a job.
...unless they are dieing...
and if you are in a job you are allowed to relax _only_ if you are paid ... if you are not paid then you cannot enjoy your life
by hsmpilr
Thu Apr 11, 2013 12:44 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Re: Hi

Just had my appointment at Croyden PEO yesteday. Success! As they accept old forms for 21 days after 6 April - I used the old form. I did not submit any evidence regarding my absences other than a copy of my passport and the table of absences. Case worker did not ask for any additional evidence. I ...
by hsmpilr
Thu Apr 11, 2013 12:42 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

i am sure its not a big deal..we guys are just over analyzing stuff . Remember before the rules came into effect..the text said something like minor changes to the work related settlement. So its minor!! It is not a big deal only if all leaves were paid. If I had to take a leave for myself as unpai...
by hsmpilr
Thu Apr 11, 2013 6:52 am
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

A different light in thought... I am not a solicitor nor my interpretations have any value but too much reading a sentence makes a sentence meaningless. So after a break this is what stuck my brain. 1) para 245AAA says (a) "continuous period of 5 years lawfully in the UK" means, subject to...
by hsmpilr
Thu Apr 11, 2013 6:23 am
Forum: Indefinite Leave to Remain
Topic: Employer letter for absence from the UK
Replies: 15
Views: 3387

[qiote] Aa. Absences due to personal reasons are not related to work or business, therefore any time spent outside of the UK for personal reasons would break continuity, regardless of whether or not the applicant was still employed in the UK. Therefore Tier 1 holders can only have work-related absen...
by hsmpilr
Thu Apr 11, 2013 6:15 am
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Not that this is relevant to the topic but an interesting one to note. http://www.bbc.co.uk/news/uk-13714028 @hsmpilr Why are you gettin paranoid..may be you can research on the topic and then post it here...people are already confused and on top of that you are posting a link from 2011 not even re...
by hsmpilr
Wed Apr 10, 2013 11:28 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Not that this is relevant to the topic but an interesting one to note.

http://www.bbc.co.uk/news/uk-13714028
by hsmpilr
Wed Apr 10, 2013 9:59 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

yes
83 days of paid holiday is too much (above normal). This may trigger suspecion unless it is reasoned as a business visit which will not be challenged.
by hsmpilr
Wed Apr 10, 2013 9:53 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

I had appoinment on next Monday . Hope I will share success story :) Thank you. Wishing you all the best on behalf of all of us in the forum. Also while you are sharing could you share with us please on what is the status of your leaves ? do you have any unpaid leaves and did you get any letter fro...
by hsmpilr
Wed Apr 10, 2013 9:37 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

Guys, this new rule is simply unacceptable to be honest. Let's hire a lawyer and fight back like HSMP folks did. I don't know what the exact procedure will be to do this, but we should really challenge these new rules. Senior members please suggest. I second it. We need to talk to UKBA via solicito...
by hsmpilr
Wed Apr 10, 2013 9:26 pm
Forum: Indefinite Leave to Remain
Topic: Actually, a very bad news for Tier 1 general holders
Replies: 452
Views: 72886

What's interesting that in Immigration Rules they write 'highly skilled migrants', but in the guidance 'Highly Skilled Migrants'. Why? I fail to see the difference between highly skilled migrants', but in the guidance 'Highly Skilled Migrants'. Unless you were pointing at capital letters... Highly ...