8 months outside UK on Tier 1

[saudbs]

Hi All

I hope someone here can help me, my five years on HSMP visa will be completed on 19th jan 2013 and I am applying for ILR.

I have been outside UK around 8 months in these 5 years but it was either annual leave or official visits and I was getting paid regurarly in uk.

I understand in normal cases we need to attach payslips from last 12 months. But in my case do I need to attach payslips of my whole hsmp 5 years time?

Also I am not working anymore in the company which sent me abroad on official visits. So it will not be easy to get letter from them.

Thanks,

[Bildor]

Lets take it one at a time.

To qualify for ILR, one of the requirements is that you must score either 75 or 80 points (depending on your category).
You will have to claim some points for past earning where you can select any 12months within 15month period preceeding date of application.
Obviously you will need to submit 2 sets of evidence to justify this claim.
Most people on Tier 1 Geneal that are employed tend to submit payslip and bank statement.

So to answer your first question, i think you will need to submit 12months statement to claim points for past earnings.

With regards to getting letter from previous employer, i am assuming that this letter is to justify your absences. Please correct me if i am wrong.

i think the first thing you have to do is to find out how many days absences you have in any 12 consecutive months counting backwards from the date you intend to submit your application.
If you can do that than i believe some of the senior members will be able to guide you.

Basically the new guidance on absence is that 180days is allowed for any 12months period counting backwards from date of application.

I hope some senior members will comment too so as to guide you.

But i will suggest you go through the FAQ for ILR thread http://www.immigrationboards.com/viewtopic.php?t=79378

It might also be a good idea to read the SET (O) form and guidance

Good luck.

[saudbs]

thanks for reply Bildor.

During all my absence from UK I was in full time permanent employment and was being paid every month in UK.

And i dont have consecutive 180 days outside UK.

2012= 39 days UK paid annual leave and work from home

2011= 40+3 days UK paid annual leave and official visit

2010= 59 days UK paid annual leave plus work from home

2009= 27 days UK paid annual leave and official visit

2008= 77 days UK paid annual leave and work from home

in total i was out of Uk 245 days(which is more than 180 days) but was on continous UK payroll.

In the new SET( O ) form, they have requested in section 6.3

"6.3 What evidence has been provided to support the reasons for all absences from the UK?"

So Do I need to provide any evidence that I was on regular payroll and was paying tax every month? if yes then will it be ok to provide letter from companies for which i worked from 2010 till 2013?

or I apply for tier1 extension now and go for ILR after 2 months?

[saudbs]

hello senior members

Any comments?

[uksettlement]

you are fine as per the new rules. As per the rules implemented on 13th dec, 180 days are allowed every year.

Also, as you are on tier 1 General you do not need any proof. Although it eill help if you have a letter from your employer.

[saudbs]

thanks for reply uksettlement

but the Question D2 on the revised SET (O) Dec 2012 version.
Is:

D2. Please confirm whether you have been outside of the UK for any
single absence over 3
months or one or more absences which amount to more than 6 month in
total during the 5 year
period:

"or one or more absences which amount to more than 6 month in
total during the 5 year"

and they need proof too.

it is confusing , can someone help me please?

[uksettlement]

I agree I had similar concerns so asked the case worker thru a contact and they have confirmed that 180 days in every year is what they will be considering.

Have also raised this question to UKBA on....

http://www.whatdotheyknow.com/request/c ... ment-34115

I would urge you to add an annotation here

As I said at the moment keep proofs ready but you might not need to show anything except for a letter from you explaining the reasons for your absence.

[Bildor]

@ Uksettlement,

So based on above, is it safe to assume that Tier1 General applicants with abscences less than 180 days in any 12months period can fill section 6.3 of SET (O) form and tick the second option box which says

"Letter from applicant detailing reasons for absence due to compelling or compassionate reasons"

Up until now my view is that a lot of people have omitted that part of the form.