UBKA clarification on Tier 1 (general) absences questions

[M2008]

Questions asked to ILR Settlement Team

Could you please clarify below rule regarding calculating continues period for Tier 1(General) category who are applying for ILR from 13th Dec 2012

Rule says for Tier 1 (general)

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

Please provide answers for below Tier 1 (general) applicant’s scenarios.

1) What are types of Absences related to applicant’s purpose for being in the UK?
2) Does absence due to holiday breaks continues period in UK?
3) Does absence due to visiting family outside UK breaks continues period in UK?
4) Does absence due to holiday along with unpaid leaves breaks continuous period in UK?
5) Does absence due to after loss of Job and going on holiday or visiting family outside UK for period of 60 days breaks continues period in UK?
6) What are the reasons for absences may breaks continuous period in UK?
7) What are reasons which are NOT ‘compelling or compassionate reasons’
As per definition of tier 1 (general) “The Tier 1 (General) category allows highly skilled people to look for work or self-employment opportunities in the UK. Tier 1 (General) migrants can seek employment in the UK without a sponsor, and can take up self-employment and business opportunities here” -> As per new rule does tier 1(general) migrants can only be absence from UK for compelling or compassionate reasons only?

Reply from ILR Settlement Team

Dear Sir,

Details of all absences from the UK must be provided on the SET (O) application form, and must have resulted from either business reasons, or for compelling or compassionate reasons.

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed. They must however provide the specified evidence of absences that were for compelling or compassionate reasons. These would be varied, but examples would be natural disaster, preventing travel following a holiday, or the death of a close relative.

Absences due to annual leave would be covered by the policy, but absences of unpaid leave would need to fully explained and would not necessarily be disregarded. This would be a decision for the caseworker to make, given the explanation of the absence.

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

I trust this clarifies the situation.

If you need any advice on completing your application, please contact an OISC registered advisor. http://www.ukba.homeoffice.gov.uk/about ... tem=124409



Please commet

[anush23]

Thanks...this is indeed useful.

All - some part of it is slightly worrying...it says if you went out of UK on unpaid leaves then that is a break ?

If someone went for a holiday in between jobs, finishing one and then starting another then does that mean it will be considered a break in residency ?

[M2008]

Thanks...this is indeed useful.

All - some part of it is slightly worrying...it says if you went out of UK on unpaid leaves then that is a break ?

If someone went for a holiday in between jobs, finishing one and then starting another then does that mean it will be considered a break in residency ?

Yes..They consider as break..

[prasad3uk]

Well!!... If the Tier 1 applicant is a Director of his Limited Company, He is employed as a director and would be receiving his salary. And so, any leave he takes would be a paid leave. Is it not?

[syed_ILR]

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed

This email looks phoney!!

how on earth can they assume that many tier 1 are self employed ....pure BS !

[nm]

Thanks...this is indeed useful.

All - some part of it is slightly worrying...it says if you went out of UK on unpaid leaves then that is a break ?

If someone went for a holiday in between jobs, finishing one and then starting another then does that mean it will be considered a break in residency ?

Yes..They consider as break..

Suprising..many of the contracting people would go out for a trip out of country between two contracts. How this will consider as break ?

[syed_ILR]

Thanks...this is indeed useful.

All - some part of it is slightly worrying...it says if you went out of UK on unpaid leaves then that is a break ?

If someone went for a holiday in between jobs, finishing one and then starting another then does that mean it will be considered a break in residency ?

Yes..They consider as break..

Suprising..many of the contracting people would go out for a trip out of country between two contracts. How this will consider as break ?

dont worry @nm this is complete BS I am telling you! Why on earth are people asking for clarification by emailing UKBA. I remember some guru on this forum asked not to email them anymore as the reply from them is inconsistent and misleading.

[hsmpilr]

Thanks...this is indeed useful.

All - some part of it is slightly worrying...it says if you went out of UK on unpaid leaves then that is a break ?

If someone went for a holiday in between jobs, finishing one and then starting another then does that mean it will be considered a break in residency ?

Yes..They consider as break..

Suprising..many of the contracting people would go out for a trip out of country between two contracts. How this will consider as break ?

dont worry @nm this is complete BS I am telling you! Why on earth are people asking for clarification by emailing UKBA. I remember some guru on this forum asked not to email them anymore as the reply from them is inconsistent and misleading.

I second that

[Gudwin]

This is a pile (not even a load any more) of crap and more crap from the different UKBA teams.
Take a Friday off, go for a long weekend to Europe and break the continuous period. Haha.
Somebody's up for a new courtroom humiliation.

[hsmpilr]

Is there any place where we can have a one-one with UKBA ? I dont think they are clear in their rules. Why would tier1 be affected by this especially in retrospect where you cannot change what you have done.

What is worrying is that we all declared that we accept all conditions and future changes in rules when we applied for the first HSMP->Tier1 extension. But dont know if that means they can take us for a ride.

[Gudwin]

What is worrying is that we all declared that we accept all conditions and future changes in rules when we applied for the first HSMP->Tier1 extension. But dont know if that means they can take us for a ride.

I don't think it matters what we signed. The retrospective changes are not allowed by law. Full stop.

[sheraz_aries]

Lets wait and see what happens to other cases with unpaid leaves. I hope they all go successful.

[Yash001]

Does anybody know about any where UKBA have refused ILR due to unpaid leaves? I haven't seen a single one yet. However I have seen many successful cases. And if somebody wants to know about successful cases, just do search with word 'unpaid' in this form and you will find many cases like that....

[[iD]]

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

Is there any documentary evidence of this? Or just another idiot talking rubbish and making stuff up?

I have gone through Indefinite leave to remain – calculating continuous period in UK and can't find anything suggesting the above.

[Gudwin]

I have gone through Indefinite leave to remain – calculating continuous period in UK and can't find anything suggesting the above.[/color]

I couldn't find anything either. Otherwise most of the contractors are screwed.

[ldbright]

Why? permanent people may travel aboard when in between jobs, not only contractors. And, if a contractor is using umbrella company, and this person takes holidays while on assignment, he/she is considered as employed, not unemployed. Isn't it?

I have gone through Indefinite leave to remain – calculating continuous period in UK and can't find anything suggesting the above.[/color]

I couldn't find anything either. Otherwise most of the contractors are screwed.

[Gudwin]

Why? permanent people may travel aboard when in between jobs

Not according to the above BS reply

[ldbright]

Found this link as it states that all workers including contractors are entitled of 5.6 weeks holiday per year. And I guess this is why I always have 'holiday pay' on my payslip each month regardless I took holidays or not. So, as contractor, even you are unpaid on the days you have not worked, but if you are working on an assignment and taken holiday, will the leave be considered as 'paid' -- since it is covered by the 5.6 weeks entitlement.

Welcome to contribute your thoughts on this!

http://www.freelanceadvisor.co.uk/getti ... -holidays/