Once Again - Unpaid Leave Absences

[nachieket]

Hi,

Can we not make this one a sticky note? This one is a kind of real tension and very scary.

I think I posted same kind of question a couple of months ago and people were divided. I hope people have more experience by now and have learnt based on new ILR Approvals/Refusals and can help me. And this time I am posting this more precisly to cover any doubts.

Well Ok, here I go:

I am on Tier-1 General and I want to apply for ILR by Oct end. I think everything looks good except this one point. I left one company back in 2009 and went to home country for some holidays. Came back after four weeks and joined another company. And now I see that some laws have changed and according to new laws, it has broken my continuity and now I need to wait until 2014 Oct. Please note that my total of absences is around 130 days in last 5 years so it is way below 180 days.

Well my first reaction was - "what the hell!". How could I go in past and change that? I could have easily joined new company and went on leave a couple of months later if I ever knew about future.

Anyways, I did see some articles and it seems some ILRs were approved even with unpaid leaves. But I fear that could just be sheer luck and case worker being too kind! And I don't consider myself lucky so I just rely on hard work. But I think now I need to learn Astrology to predict future laws coming up!

Now a few questions:

- When did this rule came in to place? I think that was Dec 2012. If so, are retrospective changes allowed by law? Or does it just mean that such absences are not allowed Dec 2012 onwards?

- Do we have any update from Home Office clarifying this carefree episode/law?

- Could the guys who got ILR approvals with unpaid leaves suggest how to present application?

Well, I am just beginning to have sleepless nights as the ILR date approaches so any help will be really appreciated not only by me but by all who have made such visits outside UK.

Thanks a lot!

[rajesh9pl]

No Q&A. Just go and apply. Your ILR will be approved.

[nachieket]

Hi,

Thanks for the confidence shown. However, I have no clue what do I mention in "Absences -> Reason" section while filling in application form. Should I just select "other" and write a personal letter stating that I am below 180 days rule and the absence in 2009 was for some reason? But what reason? I can't think of anything. I don't want to give false information to Home Office.

Could someone tell me what did they mention while filling in form? And what did they write in personal letter?

Thanks!

[rajesh9pl]

I was absent for 4 or 5 different occassions. For 4 absences, I had employer letter, for 5th one I had written personal letter. Hence, I had ticked letter from employer. If you had only once absence then tick other and say personal letter.

[Amber]

Please continue in your other thread