Continuous. stay for definition for Tier 1 General

[nks]

Hello, do anyone else intrrpret ILR continuos stay requirement not being clear that 'paid leaves' are fine for Tier 1 general. I am also not clear on what it means by appending 'if appropriate ' to paid leaves line. Any thoughts?.
thanks,
Nls

[uksettlement]

Not sure what you are not clear on.

[nks]

1. What is the intent for appending 'if appropriate ' after 'paid leave' line in the document?

2. Is 'paid leave' paragraph applicable to all categories, including Tier 1? Do tier1 also need to provide employer letter for same?

thanks

[wpilr_nov12]

It would help if you gave the header/section/page/document you are referring to...

[uksettlement]

1. What is the intent for appending 'if appropriate ' after 'paid leave' line in the document?

2. Is 'paid leave' paragraph applicable to all categories, including Tier 1? Do tier1 also need to provide employer letter for same?

thanks

Don't think one can help without knowing which document you are referring to.

[cs95tdg]

I suspect the document you are referring to is the continuous residence guidance for economic migrants, this is only because I am familiar with the guidance & the paragraph you refer to as I have read it several times myself prior to my own recent application.

I agree however, that it would certainly help others answer your questions if you provide a reference, without leaving them to guess the source and possibly give you incorrect information.

If you read that paragraph in context, you will notice that it appears directly under the employer sponsored immigration categories & hence does not apply to Tier 1 applicants. I.e. no employer letter is required.

The sentence prior to the one you refer to states that your absences must be connected to your sponsored work. Permitted absences in this case would be business related or annual leave which would be paid. I.e. as these are the two primary types of absences you could have as an employer sponsored migrant.

Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.

[nks]

Sorry everyone, yes the document I refer is same cs95tdg guessed. Here : http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I agree, that this sentence is in context of sponsored work permits. Now the dilemma is, that document seems to be constraining Tier 1s absences only to "applicant's purpose to be in UK" or "Compelling or compassionate reasons". There is no mention of paid leaves or vacations for this category. It could either be interpreted that "leaves and vacations outside UK" are for "purpose of being in UK" or I am reading too much in between the lines

Excerpt :
In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only:

 UK ancestry  business person  investor
 innovator  writer, composer, or artist  retired person of independent means  Tier 1 (General)  Highly skilled migrant programme (not applying under Appendix S of the rules)

[nks]

I suspect 'paid leaves' clause is common for all but could someone give perspective here please.

[cs95tdg]

If you search this forum, you'll notice that this subject was discussed at length and repeatedly when these changes were introduced in December and early January. I suspect you are over-complicating this.

Is there something specific you want to clarify for your application? If so it may be quicker for others to respond to that rather than disect what is stated in the rules/guidance yet again.

I suspect the reason why there is no mention of paid leave or vacation for T1 Migrants is because they may be employed or self-employed, so they may not necessarily be paid for the vacation they take. Hopefully this clarifies the dilemma you have.

In summary, if you are a T1 migrant you would not need to provide an employer letter to confirm your annual leave or business related absences. But would need to submit a personal letter and evidence to support any absences that were due to serious or compelling compassionate reasons.