Compassionate leave or holiday ? - please help

[sri23]

I am going to apply for my ILR shortly and I am currently on Tier 1 General.

I have a query regarding a period of absence that I had in March this year.

To explain - I had taken 2 weeks of leave following death of a grandparent.

At the same time I was in notice period with my current employer and was going to start new job with another employer with a gap of week in between.

So in my 2 weeks of leave, the first week was paid and the second week was unpaid as I had finished the role with current employer. However I have payslip for that period too as my employer paid me unused holidays, so that payslip only has payment for unused holidays.

My question is:

Should I show this period as compassionate leave or as a holiday. ?

If I show compassionate leave, does death of a grandparent constitute a good reason ?

If I show as holiday, then a part of it was in between jobs. I already had a offer letter for the new job with me. But will this be an issue ? For that month in question I have two payslips - one with only holiday pay from old employer and other with pro rata pay from new employer.
the CW can question why I have two payslips for a month ?


My total leaves in the last 12 months to application is 44. Is this too high a number to be in line with annual leaves ?

Again some of these leaves were with old employer and some with new.

If this number is too high would I be better to show the period as compassionate leave ?

Would appreciate a quick response, since if I plan to show it as compassionate leave then I will have to get the death certificate posted from my home country.

Thanks in advance.

[Damanisshallo]

Following this post might help.

[sri23]

Sorry, but nothing in that link is relevant to the query I have posted. Please read my post.

Especially in light of the new rules and that link is a year old.

Can someone help please ?

[Damanisshallo]

Sorry, but nothing in that link is relevant to the query I have posted.

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
 investor
 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

Further information on calculating continuous period

Especially in light of the new rules and that link is a year old.

With regards to the above, these are not postings. In fact they are sticky notes which gets updated as and when required. You can observe this by reading the post itself. Many a times it refers to 09 July 2012 where as the posting date is 02 June 2011- HTH

[sri23]

Damanisshallo, thanks for your help and the links.

I have read through the rules and the guidance and I am well aware of them, however I am soliciting opinions and help from other readers and experts on my specific case with pros and cons which I have explained in the first post.

Anyone please ?

[jpsaab]

Hello,

I had ILR appointment on 20th Dec at PEO cardiff.
I also had 45 days long holidays in 2008...so just wrote a letter mentioned about all absence in couple of lines,
I think for Teir1 general, they are only consider how much you earned in a year (so P60 or HMRC letter are important,)...
So donot worry it should be fine.

Hope this help.

[sri23]

Can someone help please - if I will be better to show the period as compassionate leave (which it was) or a holiday ?

Thanks...

[wpilr_nov12]

edited:
To explain - I had taken 2 weeks of leave following death of a grandparent.

At the same time I was in notice period with my current employer and was going to start new job with another employer with a gap of week in between.

So in my 2 weeks of leave, the first week was paid and the second week was unpaid as I had finished the role with current employer. However I have payslip for that period too as my employer paid me unused holidays, so that payslip only has payment for unused holidays.

My question is:

Should I show this period as compassionate leave or as a holiday. ?

If I show compassionate leave, does death of a grandparent constitute a good reason ?

If I show as holiday, then a part of it was in between jobs. I already had a offer letter for the new job with me. But will this be an issue ? For that month in question I have two payslips - one with only holiday pay from old employer and other with pro rata pay from new employer.
the CW can question why I have two payslips for a month ?


My total leaves in the last 12 months to application is 44. Is this too high a number to be in line with annual leaves ?

Again some of these leaves were with old employer and some with new.

If this number is too high would I be better to show the period as compassionate leave ?

Would appreciate a quick response, since if I plan to show it as compassionate leave then I will have to get the death certificate posted from my home country.

Thanks in advance.

Ideally you should be able to show both, because both (based on your presentation of details) are true events.

Can you put your events in chronological order?

1. Gave notice to employer #1 on date
2. Last date of employment with employer # 1 date
3. Left UK date
4. Grandparent passing away date
5. New job offered date
6. New job proposed start date
7. Your return back to UK date

[sri23]

wp_ilr thanks for your response.

Is grandparent considered a close relative by UKBA ? Does 44 sound a big number for leaves in a year?

Pls see below -

1. Gave notice to employer #1 on date - 01 Feb
2. Last date of employment with employer # 1 date - 28 Feb
3. Left UK date - 18 Feb
4. Grandparent passing away date - 16 Feb
5. New job offered date - 25 Jan
6. New job proposed start date - 12 Mar
7. Your return back to UK date - 8 Mar

[wpilr_nov12]

I think you have a pretty straightforward case. I would rather spend my time/energy completing the other requirements (section 9?). If you are not comfortable with anything there, then that could be something worth looking into.

Don't worry about the 'compassionate' situation.

[sri23]

Thanks again.

I have completed the other sections...the issue I had here was that the period in between was unpaid but it was of compassionate nature.

A - I could just show all the period as holiday and not bother about compassionate, this is what I was planning to do before the new rules came.


B - Show the period as compassionate leave, but I now need to get all the documents posted to me and the time I have is too less. Also I dont know what is qualified as a close relative and if just a death certificate is good evidence ? I know immediate family member should be ok, but dont know about grandparent.

Thanks.

[Damanisshallo]

Also I dont know what is qualified as a close relative

but dont know about grandparent.

"close relative" means:

(i) the adult child (who is unmarried and not a civil partner), parent or grandparent of an applicant for, or person who has been granted, temporary protection; or

(ii) sibling (who is unmarried and not a civil partner or the uncle or aunt of an applicant for, or person who has been granted, temporary protection, who lived with the principal applicant as part of the family unit in the country of origin immediately prior to the mass influx and was wholly or mainly dependent upon the principal applicant at that time, and would face extreme hardship if reunification with the principal applicant did not take place.

Though in a different context but in my opinion at least it says who could be a close relative. Source: