ILR - HSMP JR - Leave Of Absence - 180 days Calculation?

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ILR - HSMP JR - Leave Of Absence - 180 days Calculation?

Postby MrNorthStar » Sun Apr 18, 2010 2:10 am

Hi All,

My query is regarding the Section 6 : Immigration History in SET(O) Form.
I am applying under HSMP JR + Tier 1 (General) Category for ILR.

For Absences from UK I have read a few posts and few articles on this forum and other websites which say
a) that you have not spent any periods in excess of 90 days away from the UK at one time and
b) that you have not spent more than 180 days outside the UK in total over the 4 year period

Questions:
1. Are the two points mentioned above correct and definitely applicable to HSMP JR + Tier 1 (General) applicant?
2. Can someone provide me with link or info which is official (i.e. on UKBA website and mentions HSMP JR clearly in the info provided) ?

Would like to ask another question. I seek honest opinion and serious advice in this question.
Section 6 [ on the form SET(O) ]
6.2.Since then have you had any absences from the UK? List of absences
Here are the details:

Date Left - - - Date Returned - - - Days - - - Purpose
23/11/2003 --- 28/12/2003 --- 34 (7+27) --- Annual Leave: Visiting Family
20/10/2005 --- 05/12/2005 --- 45 (11+30+4) --- Annual Leave: Visiting Family
17/04/2006 --- 18/05/2006 --- 30 (13+17) --- HSMP Entry Clearance Stamping
30/11/2006 --- 17/12/2006 --- 16 (0+16) --- Annual Leave: Friend's Wedding & Visiting Family
06/02/2007 --- 07/02/2007 --- 0 --- Business Trip
21/10/2007 --- 11/11/2007 --- 20 (10+10) --- Annual Leave: Friend's Wedding & Visiting Family
30/11/2008 --- 06/02/2009 --- 67 (31+31+5) --- Was made redundant and was on Garden Leave and came back before Garden Leave was over & Got Engaged & Visiting Family
06/12/2009 --- 28/12/2009 --- 21 (21) --- Annual Leave: Visiting Family
Total no. of days absent in past 4 years is 154 (30 + 16 + 0 + 20 + 67 + 21)

Note: I have taken into consideration that the dates I travel should not be counted as days of absence from UK (i.e. trip 30/11/2008 --- 06/02/2009 comes to 67 days when I don't consider 30th Nov and 6th Feb)

Questions for Section 6.2:
1. Are the above day absences calculation correct?
2. Are 154 days within 4 years allowed and am I within the guidelines?
3. Am I correct in calculating my days of absence from today's date and going back 4 years (e.g. Considering only the absences that fall between 18 Apr 2010 and 18 Apr 2006) ??

Please do help me.

Much appreciate your time and value your guidance.

Thanks.
MrNorthStar
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Postby tonytee » Sun Apr 18, 2010 5:49 am

1. The 2 points are correct and apply to hsmp (jr)

In calculating your absencees, the start date is the date of your HSMP stamping and the deduction of the depature and arrival date is correct. So your absencees would infact be lower than 154. By the way 154 days absence is acceptable as it is less than 189 days and no single visit exceeded 90 days.

Conclusion - u r very much ok as far as absence is concerned.

Tony
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Postby MrNorthStar » Mon Apr 19, 2010 11:41 am

tonytee wrote:1. The 2 points are correct and apply to hsmp (jr)

In calculating your absencees, the start date is the date of your HSMP stamping and the deduction of the depature and arrival date is correct. So your absencees would infact be lower than 154. By the way 154 days absence is acceptable as it is less than 189 days and no single visit exceeded 90 days.

Conclusion - u r very much ok as far as absence is concerned.

Tony


Thanks for the reply Tony.

Please can someone point me to the URL that would confirm the same on the UKBA website?

Previous and Current visas:
05 SEP 2001 - 30 NOV 2003 - Student Visa(s)
11 SEP 2003 - 31 JUL 2008 - Work Permit [Granted for approx 5 years. Applied for HSMP while I was on work permit]
21 APR 2006 - 21 APR 2008 - HSMP [Applied for HSMP in UK, got the approval letter in UK 07 Apr 2006.
Went back to India to get Entry Clearance Stamp (Stamp date 21 Apr 2006).
Returned to UK on 18 May 2006.
Applied for extension under Tier 1 (General)]
21 MAY 2008 - 13 MAY 2011 - Tier 1 (General)

I want to apply for Indefinite Leave to Remain in the HSMP and Tier 1 (General) categories. 2 + 2 = 4 years (As I fall under HSMP JR)
(Don't want to consider WP stay)

Questions:
1A. Wanted to ask when would my clock for 4 years start from?
1B.Please can someone explain me by giving me an example using the dates I have provided above?
2. Am I correct in just considering last 4 years absence in my case?

Gurus, experienced HSMP JR and succesful applicants (HSMP JR) who got their ILR please give in some input?!

Many thanks.
MrNorthStar
Newbie
 
Posts: 34
Joined: Sun Sep 20, 2009 10:28 am

Postby gidoc » Mon Apr 19, 2010 3:25 pm

You will need proof of applying before 4 th April 2006, to be eligible for HSMP JR.
Please sort that out first, then you will need docs for just those 4 yrs.
Best Regards
gidoc
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Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Postby MrNorthStar » Mon Apr 19, 2010 4:09 pm

gidoc wrote:You will need proof of applying before 4 th April 2006, to be eligible for HSMP JR.
Please sort that out first, then you will need docs for just those 4 yrs.
Best Regards


Thanks for reading and pointing out a very good point in my case gidoc.

I have the proof already sorted out. A proof from Home Office confirming that they did receive my application before 3 Apr 2006.

Please do let me know what else is required in my case.
MrNorthStar
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Posts: 34
Joined: Sun Sep 20, 2009 10:28 am

Postby gidoc » Mon Apr 19, 2010 6:10 pm

Thats good then.
You need
1.4-5 P60s*
2. 3 months pay slips, bank statements*
3. List of absences
4. Letter from employer
5.Any previous home office correspondence, for HSMP, extension, Tier 1 etc
6.Passport, one pic,SET O form*
Thats pretty much it.
If you have them all, great, otherwise make do with whatever you have.
Best regards
*mandatory
gidoc
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Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Postby MrNorthStar » Mon Apr 19, 2010 6:12 pm

gidoc wrote:Thats good then.
You need
1.4-5 P60s*
2. 3 months pay slips, bank statements*
3. List of absences
4. Letter from employer
5.Any previous home office correspondence, for HSMP, extension, Tier 1 etc
6.Passport, one pic,SET O form*
Thats pretty much it.
If you have them all, great, otherwise make do with whatever you have.
Best regards
*mandatory


Thanks for the information gidoc.
Appreciate your help.
MrNorthStar
Newbie
 
Posts: 34
Joined: Sun Sep 20, 2009 10:28 am

Postby MrNorthStar » Mon Apr 19, 2010 6:14 pm

MrNorthStar wrote:
tonytee wrote:1. The 2 points are correct and apply to hsmp (jr)

In calculating your absencees, the start date is the date of your HSMP stamping and the deduction of the depature and arrival date is correct. So your absencees would infact be lower than 154. By the way 154 days absence is acceptable as it is less than 189 days and no single visit exceeded 90 days.

Conclusion - u r very much ok as far as absence is concerned.

Tony


Thanks for the reply Tony.

Please can someone point me to the URL that would confirm the same on the UKBA website?

Previous and Current visas:
05 SEP 2001 - 30 NOV 2003 - Student Visa(s)
11 SEP 2003 - 31 JUL 2008 - Work Permit [Granted for approx 5 years. Applied for HSMP while I was on work permit]
21 APR 2006 - 21 APR 2008 - HSMP [Applied for HSMP in UK, got the approval letter in UK 07 Apr 2006.
Went back to India to get Entry Clearance Stamp (Stamp date 21 Apr 2006).
Returned to UK on 18 May 2006.
Applied for extension under Tier 1 (General)]
21 MAY 2008 - 13 MAY 2011 - Tier 1 (General)

I want to apply for Indefinite Leave to Remain in the HSMP and Tier 1 (General) categories. 2 + 2 = 4 years (As I fall under HSMP JR)
(Don't want to consider WP stay)

Questions:
1A. Wanted to ask when would my clock for 4 years start from?
1B.Please can someone explain me by giving me an example using the dates I have provided above?
2. Am I correct in just considering last 4 years absence in my case?

Gurus, experienced HSMP JR and succesful applicants (HSMP JR) who got their ILR please give in some input?!

Many thanks.


Please can someone kindly answer or provide me some guidance to this above mentioned questions?

Thanks.
MrNorthStar
Newbie
 
Posts: 34
Joined: Sun Sep 20, 2009 10:28 am

Postby gidoc » Mon Apr 19, 2010 8:09 pm

Q1.A. 16 May 2006
Q1 B. 16 May 2006 to 15 May 2010, = 4yrs, can apply 28 d before
Q2 Yes
Best regards
gidoc
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Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Postby MrNorthStar » Mon Apr 19, 2010 8:12 pm

gidoc wrote:Q1.A. 16 May 2006
Q1 B. 16 May 2006 to 15 May 2010, = 4yrs, can apply 28 d before
Q2 Yes
Best regards


Short n sweet, that's how I would like to describe your answers to my questions.

Many thanks, much appreciate it gidoc
MrNorthStar
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Posts: 34
Joined: Sun Sep 20, 2009 10:28 am

Postby SKPK » Thu Oct 21, 2010 10:19 am

Hi MrNorthStar,

Did you get your ILR. I am in almost the same situation where one of my holidays is of 67 days and I switched my job during that period. I hope that this is not a serious matter as all my holidays are less then 3 months and the total so far is 137 though i Plan to take another holiday of 21 days before i apply for ILR in Dec 2011.

Regards
SKPK
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ILR - HSMP JR - Leave Of Absence - 180 days Calculation?

Postby MrNorthStar » Thu Oct 21, 2010 3:32 pm

SKPK wrote:Hi MrNorthStar,

Did you get your ILR. I am in almost the same situation where one of my holidays is of 67 days and I switched my job during that period. I hope that this is not a serious matter as all my holidays are less then 3 months and the total so far is 137 though i Plan to take another holiday of 21 days before i apply for ILR in Dec 2011.

Regards
SKPK


Yes I did get my ILR.
Regarding holidays remember :
1. Have an explaination and relevant paper (if possible) for the holidays more than 30 days. Dont give until you are asked but have it ready.
2. If your total no. of holidays is less than 180, there is no need to worry. In your case it will be 137 + 21 = 158. (You could still take another 21 days. Lol :-) )

All the best for next year.

Regards
NorthStar
MrNorthStar
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Posts: 34
Joined: Sun Sep 20, 2009 10:28 am

Postby SKPK » Mon Oct 25, 2010 12:46 pm

Thanks MrNorthStar for the quick reply. I didn't realize that you replied the same day. One more thing if you don't mind answering......Did you apply through post or PEO and was your application straight forward in later case.
SKPK
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Posts: 2
Joined: Thu Oct 21, 2010 10:02 am

ILR - HSMP JR - Leave Of Absence - 180 days Calculation?

Postby MrNorthStar » Mon Oct 25, 2010 2:42 pm

SKPK wrote:Thanks MrNorthStar for the quick reply. I didn't realize that you replied the same day. One more thing if you don't mind answering......Did you apply through post or PEO and was your application straight forward in later case.


No worries SKPK.
Applied through PEO and application was straight forward.

Regards,
North Star
MrNorthStar
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Posts: 34
Joined: Sun Sep 20, 2009 10:28 am


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