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Hello

I am looking to apply for ILR on the basis of meeting the 5-year rule on a Tier 1 (General) visa.

Please can someone advise if I need to submit any supporting documents for absences from the UK in the last five years, even if the number of days away from the UK is less than 180 for any 12-month period.

In my case I was away for work-related as well as personal reasons for:

- 108 days in Year 1 (most recent)
- 65 days in Year 2
- 33 days in Year 3
- 15 days in Year 4
- 19 days in Year 5

Is it necessary to collate travel tickets and employers' letters saying I was sent away for work, or should I just mention the absences in the cover letter?

Best regards,

Prashant

Fill in your absences and where it asks for reason... put work purposes

Thanks averagejodie

I would suggest you get a letter. Your employer needs to provide a letter about personal absence and paid leave. Get them to include the business absence in the same letter.

Some migrants have been asked for this and their applications put on hold or refused. Best to be prepared.

See Sushdmehta's advice on absence letters in the thread below

http://www.immigrationboards.com/indefi ... l#p1272785

Hi CR001

Thank you for your advice. On it now!

It's a tad awkward going back to employers from five years ago - but worth the effort I guess

Best regards,

Prashant

Hello all

I am looking to apply for ILR using the 5 year economic route in the next couple of months. I think mine is a fairly straightforward application - been employed full-time under Tier 1 (G) for most of the duration of the visa, meeting income, UK residence and language criteria, except:

I received a police warning in May 2015 for a traffic error. [Drove into a two-lane one-way road in error, did not realise it was one-way, and did a three-point turn only to have a local bus looking to come up the same way. The bus driver and I manouevred around each other.]

The bus driver reported the incident. A couple of police officers came to my flat a few days later to speak with me but I wasn't home (I had been away for a week's holiday). Two police officers met me at the baggage belt at the airport when I came back from the holiday. They asked me to follow them to the police office nearby where they described what had happened until then and gave me what they called a 'warning'. They also said I needn't mention the episode on any job applications and any visa applications, and that the information of that episode will only be held locally.

I call it a 'warning' just as they did and not a 'caution'.

Disclosure Scotland has given a clean chit dated mid-November 2015: "The applicant has no convictions for disclosure".

I have submitted a request to access for information to the police. Their office had called yesterday to confirm some details, and it appeared they are going to issue a not-so-clean chit. The repurcussions of the episode are to go longer than what the police officers had advised in May. Haven't received their letter yet - will update here when I do.

May I ask your views on my case please? Have I walked into something absolutely hopeless in regards to getting ILR? Is there anything I can do to resolve/remedy/improve my situation? Does it depend on how the police now word their response?

Does subjective information that I had driven nearly 1100 miles that weekend and 400 miles that day, and that the misdemeanour was committed at the tail end of my trip help?

Looking forward to your response.

Best regards,

Prashant

The set o form has the following question.

https://www.gov.uk/government/uploads/s ... _11-15.pdf - Pg 25

7.3 Have you or any dependants who are applying with you been subject to, or received, any
other penalty in relation to a criminal offence; for example caution, reprimand, warning, or similar
penalties in the UK or any other country?

You have been given a 'warning' but the main question is if that is part of your criminal record which the UKBA can access.

PNC document
https://www.gov.uk/government/uploads/s ... 36/PNC.pdf
Pg 5

The PNC is a national database of information available to all police forces and law
enforcement agencies throughout:
 England
 Scotland
 Wales
 Northern Ireland
 the Isle of Man
 the Channel Islands, and
 the British Transport Police.
The following are some of the details held by PNC:
 personal descriptions (not given by PNC bureau)
 bail conditions (not given by PNC bureau)
 convictions
 custodial history
 wanted or missing reports
 warning markers
 pending prosecutions
 disqualified driver records
 cautions
 drink drive related offences
 reprimands
 formal warnings

Did you apply for PNC - SAR from here
https://www.acro.police.uk/subject_access.aspx? and you got a 'No trace' found response? If so then you are safe. I would also advice you to do another SAR a month before you are planning to apply for ILR.

Thanks talk2ram.28

I have made a request for access to my criminal record with Police Scotland - details of that procedure at this link:

http://www.scotland.police.uk/access-to ... rotection/

I am yet to see their response. Haven't applied for ACRO's certificate yet - but I am now convinced that I should.

Cheers,

Prashant

https://www.gov.uk/government/publicati ... riminality

RFL10.3 When can I refuse on the basis of non-custodial sentences?
Paragraph 320 (18A) and S-EC.2.5.(a) in Appendix FM of the Immigration Rules provides for a discretionary refusal of entry clearance where a person has been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the preceding 12 months of submitting their application. Examples of non-custodial sentences may include fines, Cautions, Warnings and Reprimands or suspended sentences. For more information please see the General grounds for refusing guidance page on this website.

Please note that a caution is not a conviction. It is an out of court disposal which is recorded on an individual’s criminal record. Since it is not a conviction the applicant should not be refused under paragraph 320(7A) if they fail to declare it on the application form.

The link is about refusal of which category?( Entry clearance, Leave to remain, ILR?)
UKBA makes the final decision and ofcourse you can always go for judicial review if you are rejected based on this.

Hello all

Happy to say that I received my ILR yesterday.

In relation to the driving incident, I had submitted the following docs with the application:

- Basic disclosure from Disclosure Scotland (costs £25, arrived in a week)
- Disclosure statement from Police Scotland (costs £10, arrived in two weeks)
- Disclosure from ACRO (costs £10, arrived in a month)

I was told at the interview that the driving incident was not a concern at all.

Thanks to talk2ram.28, CR001, skydiver007 and everyone else who helped out during the nightmarish days.

Will soon give a blow by blow account of the day of application in the thread of successful ILR applications.

All the best,

Prashant