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New Rules - Absences Only

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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M2008
Member
Posts: 105
Joined: Fri Nov 09, 2012 10:12 am

New Rules - Absences Only

Post by M2008 » Fri Dec 14, 2012 9:04 am

Hi All,

My understanding regarding absences after reading policy, new set (o) form and guide are below

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Ref: 245 AAA, 245CD (j), 245CD-SD

Set (O) Guidance: From 13th December 2012 applicants in qualifying employment categories for ILR are required to submit documentary evidence of all absences from the UK,as specified in Section 6.3 of the form, and caseworker guidance
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf


Please comment on below
1. Tier 2 (Time spend outside UK while applicant on tier 2)
a) Need to submit proof for every single day absence out of UK.

2. Tier 1 (General) – (Time spend outside UK while applicant on tier 1)
a) Need to submit proof if absences were due to a serious or compelling reason.
b) If absences are less then 180 days (in 5 year), better to write reason as holiday.
c) If absences are more than 180 days (in 5 year), only option is to submit proof for serious or compelling reason.
d) Also SET (O) Guidance says evidence of absences only for qualifying employment categories for ILR (so tier 1 is excluded from submitting proof each and every absence if they are within 180 days)

bmwuk2011
Newly Registered
Posts: 5
Joined: Fri Dec 14, 2012 11:18 am

Section 6.3 -SET O -New form

Post by bmwuk2011 » Fri Dec 14, 2012 11:36 am

Hi,
I have a question related to the same theme.

I am Work Permit holder applying for my ILR at PEO next week -I have been away from UK for last 5 years for a total of 143 days without exceeding the 90 days term at any occasion.

Do I now require a letter from my employer to state that these were paid holidays that I have used? If so, is this mandatory based on the new guidelines?

Thanks

M2008
Member
Posts: 105
Joined: Fri Nov 09, 2012 10:12 am

Post by M2008 » Fri Dec 14, 2012 11:46 am

Yes.. You need to get letter from your employer

pure desire
Newbie
Posts: 48
Joined: Tue Dec 20, 2011 12:12 pm

Post by pure desire » Fri Dec 14, 2012 4:12 pm

i guess its not as they did not mention it for work permit holders .... on the form they mention for tier 2 but didn't mention work permit...

obviously seniors can give u better advise on that....

sh1981
Member of Standing
Posts: 290
Joined: Sun Nov 18, 2012 9:50 pm

Re: New Rules - Absences Only

Post by sh1981 » Thu Dec 20, 2012 2:17 pm

M2008 wrote:Hi All,

My understanding regarding absences after reading policy, new set (o) form and guide are below

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Ref: 245 AAA, 245CD (j), 245CD-SD

Set (O) Guidance: From 13th December 2012 applicants in qualifying employment categories for ILR are required to submit documentary evidence of all absences from the UK,as specified in Section 6.3 of the form, and caseworker guidance
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf


Please comment on below
1. Tier 2 (Time spend outside UK while applicant on tier 2)
a) Need to submit proof for every single day absence out of UK.

2. Tier 1 (General) – (Time spend outside UK while applicant on tier 1)
a) Need to submit proof if absences were due to a serious or compelling reason.
b) If absences are less then 180 days (in 5 year), better to write reason as holiday.
c) If absences are more than 180 days (in 5 year), only option is to submit proof for serious or compelling reason.
d) Also SET (O) Guidance says evidence of absences only for qualifying employment categories for ILR (so tier 1 is excluded from submitting proof each and every absence if they are within 180 days)
Where is the question?
---
ILR Submit: 05/12/2012
Spouse Visa Exp: 09/12/2012
Ack Rec'd: 12/12/2012
Bio Rec'd: 10/01/2013
Bio Done: 10/01/2013
ILR Approval letter: 05/03/2013
Bio RP Rec'd: 06/03/2013
Current Stat: Settled
My Blog: uk-spouse-visa.blogspot.com

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