- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
bro I have got the same query as you. None of the moderators or the gurus know this. They are confused themselves. I thing everyone is waiting for the new rules to come into force and people to share their experience. I think best thing is to wait untill the new rules come into place.Kumar_M wrote:Thanks again Ali.
Let me quote completely:
[1] http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
"The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."
[2] http://www.ukba.homeoffice.gov.uk/sitec ... inuous.pdf
"In the following categories, absence must be connected with the applicant's purpose for being in the UK or for seriour or compelling compassionate reasons:
...
- Tier 1 (General)
...
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
If the absences are in connection with other employment outside the UK, which demonstrates the employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken." Until here is info related to all the listed categories including T1G and the part about Tier 2 Migrant start subsequently.
So my question a. how do I projected this first absence taken before starting the full time role?
Sorry to ask again, b. did you also take your long gap before you started your first job here?
I am trying to really be sure about this - hence these questions again. So pls do not take it otherwise
Also refer to http://www.immigrationboards.com/viewtopic.php?t=125765 where ""People on Tier 1 to have a valid proof in terms of a self explanatory letter if you were on self employed (with necessary proof) and absence letter from employer if you were employed"".
Note. I am planning on applying after April 6, 2013.
The allowed leaves are work sponsored (i.e. annual leaves / business trips incase of T1G ) or serious / compelling. During my first leave I had no active UK employment nor was it was serious / compelling reason - so what I write for section 6.2 of Set(O) (We are allowed to mention work related or serious /compelling only here (not "personal"))?ali_asad_pk wrote:SET(O)
6.2 Since then have you had any absences from the UK? If yes, give the dates you left
and returned to the UK and the reason for the absence in the spaces below. List
all absences however short and in date order. If you need more space, continue
on a separate sheet and enclose it with your application.
You will write all your day out from UK, then read after this table
Evidence of all work-related absences (including paid annual leave) is required from those applying under
Tier 2 (Intra-Company Transfer);
Tier 2 (General);
Tier 2 (Minister of religion);
Tier 2 (Sportsperson);
Tier 5 International Agreement, and permitted employment categories - except Highly Skilled Migrants.
Evidence of absence due to compelling or compassionate reasons is also required from all of the above
categories, and those applying under the
Tier 1 (General);
Business person;
Self-employed person;
Investor;
Innovator;
Writer;
Composer,
and Artist categories.
Now, you only fall under second set of options where you only have to give evidence of absence due to compelling or compassionate reasons, first set of evidence is needed by your sponsor and T1G does not have any sponsor
as you mentioned
[1] http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
"The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason."
You can see that it says your sponsor must confirm but T1G does not have sponsor so it does not apply on you
My active employment did not begin with my UK employer until I returned from first leave from UK. So how do I project it? What exactly do I write on the 6.2 and what do I explain to caseworker in case..ali_asad_pk wrote: second statement
[2] http://www.ukba.homeoffice.gov.uk/sitec ... inuous.pdf
"In the following categories, absence must be connected with the applicant's purpose for being in the UK or for seriour or compelling compassionate reasons:
which is actually
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
investorThis guidance is based on the Immigration Rules
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)
Read carefully, it says that "absences must be for reasons connected with the applicant’s
purpose for being in the UK" and your (about 60 days) were related to that as your employer asked you to leave before joining them but even if you declare it personal holidays, no issues, now read onward " or for serious or compelling compassionate reasons. Evidence,
as specified above, must be provided for compelling or compassionate reasons only" you can see that you need to give evidence only if it is compelling or compassionate reason, you have only 60 days gap and until it is making problem, you should not be worried
[/quote]ali_asad_pk wrote:
They will only see your last year earning and that you have enough funds etc and LIUK test, nothing else so if you have short break, that does not matter unless you remain away for 4 years and only worked in last 1 year
I hope I have answered your situation in detail