ILR Absences from UK - 2 WP's + Tier 1 (General)

[nima.tabatabai]

Hello,

I am hoping someone can help me with my current confusion.

I entered the UK in July 2008 on a WP.
I got another WP in October 2008 and started working for a new company.
I switched from WP to Tier 1 (G) in January 2011.
I am renewing my Tier 1 (G) to get me over the 5 year threshold in July 2013.

In light of the new rules (since Dec 13) on absences under Tier 1 (G), I am wondering:
a) How are my absence limits calculated?

b) Will my permitted absences while on WP be pro-rata'd, ie. 2.5 years on WP means 90 days permitted absence (half the 180 days over 5 years)?

c) Do I only need a letter from my WP employers IF I want to discount those absences from application? If I am willing to have those days count against my permitted allowance can I skip the letter from my employers saying I was on annual leave or business trips?

d) I have had 4 employers, 2 under WP and 2 under Tier 1. Do I need to contact a company which employed me 5 years ago where I only worked for 4 months and ask them for a letter about every day of annual leave I took?

If anyone can help, that would be greatly appreciated. I think there must be a few people who have switched from WP to Tier 1 who may have been in a similar situation.

Thanks!
Nima

[feigoronin]

Hello,

I am hoping someone can help me with my current confusion.

I entered the UK in July 2008 on a WP.
I got another WP in October 2008 and started working for a new company.
I switched from WP to Tier 1 (G) in January 2011.
I am renewing my Tier 1 (G) to get me over the 5 year threshold in July 2013.

In light of the new rules (since Dec 13) on absences under Tier 1 (G), I am wondering:
a) How are my absence limits calculated?

b) Will my permitted absences while on WP be pro-rata'd, ie. 2.5 years on WP means 90 days permitted absence (half the 180 days over 5 years)?

c) Do I only need a letter from my WP employers IF I want to discount those absences from application? If I am willing to have those days count against my permitted allowance can I skip the letter from my employers saying I was on annual leave or business trips?

d) I have had 4 employers, 2 under WP and 2 under Tier 1. Do I need to contact a company which employed me 5 years ago where I only worked for 4 months and ask them for a letter about every day of annual leave I took?

If anyone can help, that would be greatly appreciated. I think there must be a few people who have switched from WP to Tier 1 who may have been in a similar situation.

Thanks!
Nima

Hi,

Please go through this(Indefinite leave to remain – calculating continuous period in UK). This should clear your doubts.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[nima.tabatabai]

Hi and thanks for replying.

I have read that document and I can see how it lays out the absences for a straightforward case where you spent all 5 years under a single visa type.

But I cannot find anything about how to treat part time on work permits and part time on Tier 1. I understand that the changes of Dec 13 affect Tier 1 thus complicating things a bit. I believe now half my time is 180 days per 5 years, and half is 180 days per 12 months?

Also, can you clarify if I need a letter from my employers for every day spent out of the UK while on work permits?

Thanks in advance
Nima

[feigoronin]

Hi and thanks for replying.

I have read that document and I can see how it lays out the absences for a straightforward case where you spent all 5 years under a single visa type.

But I cannot find anything about how to treat part time on work permits and part time on Tier 1. I understand that the changes of Dec 13 affect Tier 1 thus complicating things a bit. I believe now half my time is 180 days per 5 years, and half is 180 days per 12 months?

Also, can you clarify if I need a letter from my employers for every day spent out of the UK while on work permits?

Thanks in advance
Nima

Hi,
Can you list your absences clearly from the start of your 5 year period till date. Its not clear what do you mean when you say "half my time is 180 days per 5 years, and half is 180 da". Also, if you are on Tire1-1 currently, you don't need letter from your previous WP providing employer, provided no single absence was greater than 90 days or total absence in any giver year of 5 year period was more than 180 days.

[uksettlement]

feigoronin,

Also 90 days ata stretch doesn't exist anymore.

[cs95tdg]

I have read that document and I can see how it lays out the absences for a straightforward case where you spent all 5 years under a single visa type.

The absence thresold specified in the rules/guidance is not based on an applicant being under a single (economic migrant) immigration category thoughout the entire 5 year residence period. If you read the experiences posted on this forum, you will see that there are many where applicants have switched immigration categories during their residence.

Please read the rules and guidance carefully & then calculate your absences.

[feigoronin]

feigoronin,

Also 90 days ata stretch doesn't exist anymore.

Hi uksettlement,
As far as my understanding goes, form Set(O)(Version 12/2012) still contains this(Page 27)
==========
D2. Please confirm whether you have been outside of the UK for any single absence over 3
months or one or more absences which amount to more than 6 month in total during the 5 year
period:
Yes Go to question D3
No Go to section E
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.
==========

[nima.tabatabai]

Hello,

I have the document a few times now. I think I understand I was wrong about the absence limits. It is 180 days in each of the 5 x 12 month periods.

The document is not clear to me on the following, but I am presuming from the comments above that the category you are applying under determines the rules for your entire qualifying period. Thus I do not need to provide letters from my employer for absences when under a WP (?), since I am applying for ILR under Tier 1.

Can anyone confirm this from experience?

Thank you.

[cs95tdg]

feigoronin,

Also 90 days ata stretch doesn't exist anymore.

Hi uksettlement,
As far as my understanding goes, form Set(O)(Version 12/2012) still contains this(Page 27)
==========
D2. Please confirm whether you have been outside of the UK for any single absence over 3
months or one or more absences which amount to more than 6 month in total during the 5 year
period:
Yes Go to question D3
No Go to section E
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.
==========

It's true that this question is there on the form, but a few forum members have received confirmation that this question is out of date and that the form will be amended to reflect the latest immigration rules. See http://www.immigrationboards.com/viewtopic.php?t=123519

[feigoronin]

Hello,

I have the document a few times now. I think I understand I was wrong about the absence limits. It is 180 days in each of the 5 x 12 month periods.

The document is not clear to me on the following, but I am presuming from the comments above that the category you are applying under determines the rules for your entire qualifying period. Thus I do not need to provide letters from my employer for absences when under a WP (?), since I am applying for ILR under Tier 1.

Can anyone confirm this from experience?

Thank you.

Hi nima.tabatabai,
You are right, you do not need to provide a letter for your abesnces under WP(provided those absences were within the limits specified).

Thanks.

[cs95tdg]

The document is not clear to me on the following, but I am presuming from the comments above that the category you are applying under determines the rules for your entire qualifying period. Thus I do not need to provide letters from my employer for absences when under a WP (?), since I am applying for ILR under Tier 1.

Can anyone confirm this from experience?

I can confirm this based on my personal experience yesterday.

Note, however that I submitted a question to the UKBA Settlement Policy Ops team asking this same question, and the response I received was that I will need to provide a employer letter confirming my annual leave and business absences during the period I was on a WP even though I was applying as a T1G Migrant.

So it appears that we have a difference in what is done in practice in my case and also certain other experiences posted on this forum. I would therefore personally get a letter for your WP absences if you are able to, just to be on the safe-side (Only to be submitted if requested by the CW).

[feigoronin]

feigoronin,

Also 90 days ata stretch doesn't exist anymore.

Hi uksettlement,
As far as my understanding goes, form Set(O)(Version 12/2012) still contains this(Page 27)
==========
D2. Please confirm whether you have been outside of the UK for any single absence over 3
months or one or more absences which amount to more than 6 month in total during the 5 year
period:
Yes Go to question D3
No Go to section E
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.
==========

It's true that this question is there on the form, but a few forum members have received confirmation that this question is out of date and that the form will be amended to reflect the latest immigration rules. See http://www.immigrationboards.com/viewtopic.php?t=123519

Hi cs95tdg,

You are right. This question is no more relevant and the form will be amended soon. Here's the confirmation from UKBA
=====================
From: Settlement Ops Policy Mailbox
UK Border Agency

16 January 2013
Dear Sir/Madam,

In the light of the recent changes to the immigration rules, question D2 of the SET(O) form is no longer relevant and will be amended at the next available opportunity.

Kind regards

Ann Woodall |Operational Policy and Rules| Blue zone, 5th Floor|Capital Building |Old Hall St |Liverpool L3 9PP
=====================
Read full conversation at below link
http://www.whatdotheyknow.com/request/c ... ermited_ab

Thanks

[uksettlement]

feigoronin,

That was my FOI request on whatdotheyknow.com

[nima.tabatabai]

Note, however that I submitted a question to the UKBA Settlement Policy Ops team asking this same question, and the response I received was that I will need to provide a employer letter confirming my annual leave and business absences during the period I was on a WP even though I was applying as a T1G Migrant.

Yikes! Ok, well I suppose I will do my best to get a letter but hopefully it goes as many other applications have on this forum and they do not require it.

The rules are really not clear about this are they....

[ban.s]

well, the rule is simple - you don't need to provide evidence for absences (except for compelling or compassionate reasons) while you are on Tier-1, but you need to provide letter in support to any leave during your period as Tier2/WP holder.