ILR Absence-Holidays taken on the conclusion of employment

Response to this request is long overdue. By law, under all circumstances, Home Office should have responded by now (details). You can complain by requesting an internal review.

Dear Home Office,

I had been deputed to UK on a long term project by my company in Tier 2 general visa. I worked on that project between Sep 2013 to 29th Nov 2015 (Visa valid till Sep 2016) . Since the project had completed i moved back to my home country. My company issued me p45 form (Conclusion of employment). i worked for the same company in my home country. I got a new project in UK and Within 60 days i travelled back to UK for that project through same company and i resumed working here in UK (Resumed my work again on 18th Jan 2016).

Would this break the continuous period of my ILR ? . I was outside UK for 50 days due to conclusion of employment. (Out of 50 days , I have been paid 30 days in UK salary -paid annual leaves)

As per the guidelines mentioned in Pg 17 of "Calculating-continuous-leave-v15.0.pdf"-"Holidays taken on the conclusion of employment", I returned back to UK within 60 days from the conclusion of my previous employment and worked for same sponsor . I have got my p60 also for that year.

Would this gap break my continuous period ?

Yours faithfully,

Ramprasad

Dear Home Office,

Below is the continuation of my main question:

I have specifically asked my question after reading the guideline document "Calculating-continuous-leave-v15.0.pdf" Page-17 Holidays taken on the conclusion of employment :

Under "Holidays taken on the conclusion of employment" title : It has not mentioned anything about the conclusion of employment with the existing sponsor and "returning to work for the same sponsor with the same visa within 60 days".

Yours faithfully,

Ramprasad

UK Visas and Immigration,

Dear Ramprasad,
 
Thank you for you e-mail dated 23rd August regarding ILR.
 
 
Please refer to the following guidance on calculating the five year continuous period in the UK requirement
for an applicant.
 
[1]https://www.gov.uk/government/publicatio...
 
 
Please note the onus is upon individual customers to ensure that they satisfy the requirements set out in
the guidance material. The guidance material accompanies each and every application form. UK Visas and
Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it
being given full and careful consideration.
 
Directing you to the guidance material is the only advice we can give you. If you need any further help you
should seek independent immigration advice. Immigration advisers can help you with immigration matters,
including completion of forms and representing you at a tribunal. The Office of the Immigration Services
Commissioner (OISC) regulates immigration advisers, which mean they must meet certain standards.
 
Please see the below link to find an immigration adviser:
 
[2]https://www.gov.uk/find-an-immigration-a...

 

 

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

 

[4]Image
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References

Visible links
1. Click to follow link: https://www.gov.uk/government/publicatio...
https://www.gov.uk/government/publicatio...
2. Click to follow link: https://www.gov.uk/find-an-immigration-a...
https://www.gov.uk/find-an-immigration-a...
3. http://www.gov.uk/home-office

Dear UK Visas and Immigration,

Thanks for your reply. But unfortunately I am not getting enough clarity in the answer.

I have already gone through the document And after that only i have raised my Query. Because the document " calculating continuous period in UK" doesn't have any details about Conclusion of employment with existing sponsor and returning back to UK to work for same sponsor.

Under "Holidays taken on the conclusion of employment" title : It has not mentioned anything about the conclusion of employment with the existing sponsor and "returning to work for the same sponsor with the same visa within 60 days".

Yours sincerely,

Ramprasad

UK Visas and Immigration,

Dear Ramprasad
 
Thank you for your reply dated 31st August regarding your application.
 
If you have finished employment with your sponsor and then left the UK and then
returned to the UK under the same sponsor; you will not qualify under the 5 year
route and will have to apply under long residence.
 
Please see the form below:
 
[1]https://www.gov.uk/government/publicatio...
 
Please note the onus is upon individual customers to ensure that they satisfy the
requirements set out in the guidance material. The guidance material accompanies
each and every application form. UK Visas and Immigration is not able to give,
indicate or advise upon the outcome of any such application prior to it being given
full and careful consideration.
 
Directing you to the guidance material is the only advice we can give you. If you
need any further help you should seek independent immigration advice. Immigration
advisers can help you with immigration matters, including completion of forms and
representing you at a tribunal. The Office of the Immigration Services Commissioner
(OISC) regulates immigration advisers, which mean they must meet certain standards.
 
Please see the below link to find an immigration adviser:
 
[2]https://www.gov.uk/find-an-immigration-a...
 

 

 

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

 

[4]Image
[---001:001141:53666---]

References

Visible links
1. Click to follow link: https://www.gov.uk/government/publicatio...
https://www.gov.uk/government/publicatio...
2. Click to follow link: https://www.gov.uk/find-an-immigration-a...
https://www.gov.uk/find-an-immigration-a...
3. http://www.gov.uk/home-office

Dear UK Visas and Immigration,

Thanks for your reply. But I have not finished employment with my sponsor. I have been deputed outside UK by my employer for a month. I continued working for the same UK client from a different location outside UK and Came back to UK after 50 days.

Yours sincerely,
Ramprasad

UK Visas and Immigration,

Dear Ramprasad,
 
Thank you for your reply dated 1st Sep.
 
Although you left due to work this will still count and you will have to
take the long residence route as stated on previous email.
 
Please note the onus is upon individual customers to ensure that they
satisfy the
requirements set out in the guidance material. The guidance material
accompanies
each and every application form. UK Visas and Immigration is not able to
give,
indicate or advise upon the outcome of any such application prior to it
being given
full and careful consideration.
 
Directing you to the guidance material is the only advice we can give you.
If you
need any further help you should seek independent immigration advice.
Immigration
advisers can help you with immigration matters, including completion of
forms and
representing you at a tribunal. The Office of the Immigration Services
Commissioner
(OISC) regulates immigration advisers, which mean they must meet certain
standards.
 
Please see the below link to find an immigration adviser:
 
[2][1]https://www.gov.uk/find-an-immigration-a...
 
Yours Faithfully
 
John Quinn
 
UK Visa and Immigration.

 

John

 

UKVI Contact Centre

Website: [2]www.gov.uk/home-office

 

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[---001:000998:38845---]

References

Visible links
1. Click to follow link: https://www.gov.uk/find-an-immigration-a...
https://www.gov.uk/find-an-immigration-a...
2. http://www.gov.uk/home-office

Dear UK Visas and Immigration,

Thanks for your reply. Could you please provide more clarity as your response contradicting the guidelines present in " Indefinite leave to remain:calculating continuous period in Uk" document

Doc reference link:
https://www.gov.uk/government/uploads/sy...

Under the heading "Absences linked to reason for being in the UK – evidential
requirements"
---------------
"Absences linked to reason for being in the UK – evidential
requirements
For all other categories, absences must be consistent with, or connected to, the
applicant’s sponsored or permitted employment or the permitted economic activity
being carried out in the UK - for example, business trips or short secondments. "

---------
As per the guideline above, short secondment are allowable absence. In this case my employer asked me to work from a different branch due to business requirements and training sessions i need to attend. after that short secondment i came back to UK and continued my work here. I also got a letter from my employer that i have been deputed to a different branch stating above reasons for 50 days. Why this is not considered as a secondment ?

Yours sincerely,

Ramprasad

UK Visas and Immigration,

Dear Ramprasad

Thank you for your response dated 6th Sep.

We are here to give give guidance, it is upon the individual to make the
decision if they meet the requirements for the application.

As mentioned on previous correspondence from the information provided, we
believe this would put you on a 10 year route.

We would advise you to seek independent legal advice if you wish for more
in depth information regarding the application you are making.

Please note the onus is upon individual customers to ensure that they
satisfy the requirements set out in the guidance material. The guidance
material accompanies each and every application form. UK Visas and
Immigration is not able to give, indicate or advise upon the outcome of
any such application prior to it being given full and careful
consideration.

Directing you to the guidance material is the only advice we can give you.
If you need any further help you should seek independent immigration
advice. Immigration advisers can help you with immigration matters,
including completion of forms and representing you at a tribunal. The
Office of the Immigration Services Commissioner (OISC) regulates
immigration advisers, which mean they must meet certain standards.

Please see the below link to find an immigration adviser:

[1]https://www.gov.uk/find-an-immigration-a...

Yours Faithfully
John Quinn
UKVI Visa and Immigration

 

 

UKVI Contact Centre

Website: [2]www.gov.uk/home-office

 

[3]Image
[---001:001211:61455---]

References

Visible links
1. https://www.gov.uk/find-an-immigration-a...
2. http://www.gov.uk/home-office

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'ILR Absence-Holidays taken on the conclusion of employment'.

I am happy with the timely response by HO, But the response i have got is contradicting with the guideline present in "Indefinite leave to remain: calculating continuous period in UK" .

As per the guideline "short secondments" is considered as a allowable absence and i have got a letter from my employer for my short stay outside UK for business requirements. I have been asked by my employer to work from a different country for 20 days due to business reason, would that be considered as a secondment ? I am not able to get much clarity on secondment related information.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

Ramprasad

FOI Requests, Home Office

Dear Mr/Ms. Ramprasad,

 

Thank you for contacting FOI Requests. Your original request did not ask
for recorded information and therefore did not meet the criteria for a
valid request under the Freedom of Information Act 2000.  Therefore, your
email is being answered outside of the Act.  You will receive a response
in due course. As is not a valid FOI request it is not subject to an
Internal Review.

 

You should have been notified of this sooner and for this I apologies on
behalf of the Home Office.

 

Thank you

 

N McKenzie

Home office

 

UK Visas and Immigration,

Dear Ramprasad,
Thank you for your enquiry dated 7th September regarding ILR absences.
Please refer to the following guidance on calculating the five year continuous period in the UK requirement
for an applicant.
[1]https://www.gov.uk/government/publicatio...
Please note the onus is upon individual customers to ensure that they satisfy the requirements set out in
the guidance material. The guidance material accompanies each and every application form. UK Visas and
Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it
being given full and careful consideration.
Directing you to the guidance material is the only advice we can give you. If you need any further help you
should seek independent immigration advice. Immigration advisers can help you with immigration matters,
including completion of forms and representing you at a tribunal. The Office of the Immigration Services
Commissioner (OISC) regulates immigration advisers, which mean they must meet certain standards.
Please see the below link to find an immigration adviser:
[2]https://www.gov.uk/find-an-immigration-a...
 
Yours faithfully,
 
Jessica Micher
UKVI Contact Centre

 

 

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

 

[4]Image
[---001:001124:51217---]

References

Visible links
1. Click to follow link: https://www.gov.uk/government/publicatio...
https://www.gov.uk/government/publicatio...
2. Click to follow link: https://www.gov.uk/find-an-immigration-a...
https://www.gov.uk/find-an-immigration-a...
3. http://www.gov.uk/home-office

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