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tier 1 absences - confusing statements ?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rshelar
Member of Standing
Posts: 262
Joined: Mon Feb 22, 2010 9:34 pm
United Kingdom

tier 1 absences - confusing statements ?

Post by rshelar » Tue Dec 18, 2012 10:01 pm

Hi all,

I have been reading all the posts on this forum, and have come across contradictory posts from different people.

Can someone please confirm and if possible with official link regarding below -


1. Does a Tier 1 General applicant for ILR whose leaves do not exceed 180 in last 5 years and does not exceed 90 continuous days need a letter to explain all the leaves ?

2. What if some of those leaves are taken between jobs or are unpaid but not of a compassionate nature ?

3. In my case I was also on WP earlier before switching to Tier 1 and I had taken paid leaves during my time on WP. Will I need a letter from my old employer for these leaves even though I am applying on the basis of Tier 1 General ?

Thanks in advance and please contribute with your replies.

rshelar
Member of Standing
Posts: 262
Joined: Mon Feb 22, 2010 9:34 pm
United Kingdom

Post by rshelar » Wed Dec 19, 2012 7:41 am

anyone please ?

thatsy
Newbie
Posts: 33
Joined: Tue Dec 11, 2012 5:43 pm

Post by thatsy » Wed Dec 19, 2012 8:39 am

There's a number of us with the same set of Qs. Nobody has yet to come up with a concrete answer. Please don't panic and just try to follow other similar threads.

My gut feeling - and I could be totally wrong here - is that if you were ever on WP and absent, then you'd need a letter. Sorry if isn't what you were hoping to hear but as I said it's just my understanding of the rules.

Ravi116
Newly Registered
Posts: 13
Joined: Tue Nov 20, 2012 7:55 pm

Re: tier 1 absences - confusing statements ?

Post by Ravi116 » Wed Dec 19, 2012 7:13 pm

rshelar wrote:Hi all,

I have been reading all the posts on this forum, and have come across contradictory posts from different people.

Can someone please confirm and if possible with official link regarding below -


1. Does a Tier 1 General applicant for ILR whose leaves do not exceed 180 in last 5 years and does not exceed 90 continuous days need a letter to explain all the leaves ?

2. What if some of those leaves are taken between jobs or are unpaid but not of a compassionate nature ?

3. In my case I was also on WP earlier before switching to Tier 1 and I had taken paid leaves during my time on WP. Will I need a letter from my old employer for these leaves even though I am applying on the basis of Tier 1 General ?

Thanks in advance and please contribute with your replies.
I am in a similar situation. I have asked my previous employer for absence letter. Company don't have record of it :evil: . I also called Home Office to clarify this, all advisers gave me different answers. I think this Tier 1 absence requirement is very vague. If I find something will post it here.

gaboon_viper
Member
Posts: 193
Joined: Wed Aug 22, 2007 8:17 pm

Post by gaboon_viper » Wed Dec 19, 2012 7:48 pm

hi

please help i am very very confused

i took 2 months in feb08 and 2.5 months in april12. total 126 days out in 5 years.

i am on tier1 general. i am due in Feb13. self employed director

do i need to show some proff. or just write dates and reason... holidays, family.

your help will be greatly appreciated

thanks

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Wed Dec 19, 2012 7:56 pm

One forum member has enquired about some of these questions along with several others and has posted the questions and UKBA response.

See the following threads...

http://www.immigrationboards.com/viewtopic.php?t=121124
http://www.immigrationboards.com/viewto ... 5&start=40
rshelar wrote:1. Does a Tier 1 General applicant for ILR whose leaves do not exceed 180 in last 5 years and does not exceed 90 continuous days need a letter to explain all the leaves ?
You are quoting the old immigration rules above. Please take a look at the latest. There is a change in the 180 day threshold and also no longer a 90 day single absence threshold.

See... http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
rshelar wrote:3. In my case I was also on WP earlier before switching to Tier 1 and I had taken paid leaves during my time on WP. Will I need a letter from my old employer for these leaves even though I am applying on the basis of Tier 1 General ?
I personally thought you would need one for the absences while on a WP, but it appears that another applicant was granted ILR under similar circumstances without such a employer letter. As the immigration rules have only recently come into effect it may be that case workers are applying an element of unstipulated discretion now, which they may not after Jan 3rd.

http://www.immigrationboards.com/viewto ... ht=#751372

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