Request for clarification: Absences from UK

[RITZUK]

Dear Sir/Madam,

Good day.

I have been in UK since 8 Feb 2009 to 12 Nov 2011 on Tier 2 ICT Visa (Before the rules changed in Apr 2010).
I then switched employer and I had to travel to my home country (India) to apply for a new Tier 2 General visa. And so I was absent from UK from 12th Nov 2011 to 15th Jan 2012 (63 days).
I joined my new employer in UK on 16th Jan 2012 and have been working for them since then.

I have letters confirming for my business trips and annual vacations during both employments, i.e.
1) Between 08 Feb 2009 and 12 Nov 2011
2) 16 Jan 2012 and till date of making the application.

However I do not have employer confirmation for the absence between 12 Nov 11 and 16 Jan 2012.
As it is not more than 180 days,will it be fine if I make a remark of this in a cover letter.

Kindly advice what would be the best way to mention about this absence on my application form.

Kind regards and many thanks
Sweta

[dk2011]

You may want to re-check your eligibility . Please check page 27 regarding countinous period .

http://www.google.co.uk/url?sa=t&rct=j& ... UDRqjwRIuQ

[RITZUK]

Dear dk2011,

Thanks for highlighting the clause. The text on page 27 says:

"This page tells you about lawful leave which continues whilst absent from the UK.

The continuous period is maintained if the:

 applicant leaves the UK without valid leave, but re-enters with new entry clearance
within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave
remains valid, provided the absence(s) do not exceed 180 days in a relevant 12
month period.

If the applicant’s leave expires whilst they are outside the UK and they apply for entry
clearance within 28 days, the applicant’s continuous period is not broken. In this
circumstance, if they successfully get a new grant of entry clearance, the period spent
outside of the UK will count towards the 180 days allowable absence. This includes any
time:

 after the expiry of their leave
 while the entry clearance application is under consideration, and
 where they are delayed entering the UK once entry clearance has been granted.


If the applicant’s leave expires whilst they are outside the UK and they apply for new entry
clearance more than 28 days after their previous leave expires, the continuous period is
broken and leave is not aggregated."

Now - when I left UK on 12 Nov 2011, my first visa (Tier 2 ICT) was valid uptil 01 March 2012.
I made my new application on 15 Nov 2011 and got the entry clearance in approx 8-9 days and the new Tier 2 General visa was valid from 16 Dec 2011. I entered UK on 16 Jan 2012 on this new visa.

May you kindly advise if the text highlighted in color would be valid for my case or is there an issue with my eligibility?

Many thanks for taking time out and getting back to respond.
Kind regards
Sweta

[dk2011]

You are fine . Now that you are eligible i'll answer your first query . You don't have to worry about mentioned absence . You will be OK. All the best !

[RITZUK]

Thanks a ton for clarifying dk2011.

[RITZUK]

Hi again dk2011,

I have now obtained a reference letter in support of absences from my previous employer.
The wordings are:
This is to certify that XXX YYY (Employee # XXXX) was a permanent employee of XXX Limited since May 14, 2007 till December 16, 2011.
XXX YYY was working with us as Associate Consultant in United Kingdom on a long term assignment and the details are mentioned below: Assignment Start Date: 08 Feb 2009 and Assignment End date: 12 Nov 2011.

Now though my first visa was valid from 23 Jan 2009 to 01 Mar 2012 (I entered on 08 Feb 2009 and left on 12 Nov 2011) and I got my current T2 General visa which is valid from 16 Dec 2011, I am hoping that the fact that my first assignment ended on 12 Nov and I left UK to enter back on 15 Jan 2012 will not create issues with my eligibility and will not be considered as a break in my continuous period?

Apologies for re-posting the query but your first question led me to think more about this aspect and so would be grateful if you may kindly clarify. My PEO appointment is on 13 Feb and so kindly reply soon.

Many thanks
Sweta

[RITZUK]

Further to above: I got below in Part 6a of rules (http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/)

Para 245AAA
(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, composer or artist, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.

So since I made my application within 60 days of my first assignment's end date in UK, I should be OK?
Please Please confirm. Many Thanks

[RITZUK]

Dear experts,

Please please confirm.

Many thanks