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ILR Success - T1+WP -Absence more than 180 days at a stretch

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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pr123
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ILR Success - T1+WP -Absence more than 180 days at a stretch

Post by pr123 » Sat Mar 02, 2013 8:43 am

Hi all,

My ILR application was successful at Solihull PEO this week. I would like to thank everyone in the group - especially db83 who has been of immense help in clarifying and confirming many queries about splitting the 180+ days absence into two continuous periods. Also thanks to uksettlement (Sohel) who was one of the fist few to get the new rules clarified and applied based on that.

I applied as a Tier 1 holder (having WP for the first year) for me alone. I had not included my wife and non-UK born child as they are not yet eligible. The appointment process was itself standard as explained by others applying at this PEO.

I had one long absence of around 220 days in a single stretch for work related purpose (and was not being paid at that time in the UK). However, based on the date of application, this long break was split into two, each less than 180 days. As it was work-related absence and I held T1 visa at that time, I did not have to give any proofs. Though at first, the CW commented that I had a long break, for which I explained that based on the new rules, each of my break is still less than 180 days as it is calculated based on the application date. I also handed over the spreadsheet listing my absences on a year by year basis for the past 5 continuous years which clearly highlighted the number of days away per Continuous year.

The documents submitted were:
1) Set O form + photos
2) Existing Tier1 BRP
3) Life in the UK test result
4) Absence spreadsheet - listing absence for the last 5 Continuous years
5) Payslips
6) Bank statement
7) Current Employer letter listing my position and summary of pay (though this may not be required, but one of the payslips looked damaged and I was not sure if that was acceptable)
8 ) Bank statements
9) Employer letter acknowledging my annual leaves during Work Permit.
9) HMRC National Insurance summary letter (When I called up HMRC for Employment History, the Operator who handled that call understood that it was for ILR, and asked me to send a request by post. Having done that, I received a letter stating if NI was contributed on a year by year basis and if there were any NI credits. Only after getting this letter, I found out that it did not contain any tax details as in Employment History, but it was too late for me and went with this itself. As the CW did not mention anything, I guess even this letter is fine.
Note that Employment History can be requested over phone itself and no need to post anything - the steps to request for Employment History are explained in the Sticky notes, which I had not seen earlier).

The new rules have come in great advantage for those with long break like me. Once again, thanks everyone posting on the forum.

uksettlement
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Post by uksettlement » Sat Mar 02, 2013 9:09 am

Glad that the clarification helped. Congrats!
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

Kevin24
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Post by Kevin24 » Sat Mar 02, 2013 10:20 am

Congratulations. Thank you for sharing your experience. How would you rate Solihull Peo, any thing for special mentioning. All the documents you have listed were asked by the CW. please clarify.

db83
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Post by db83 » Sat Mar 02, 2013 11:01 am

Glad...it helped.

Yes uksettlement's enquiry intrigued me to write to UKBA.

I'm in a similar situation & will apply next week at Solihull.

Enjoy your ILR and now start planning for your wife's and lil one's visa !
I'm just trying to help !

Mano82
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Post by Mano82 » Sun Mar 03, 2013 12:54 am

Hi Pr123,

Congrats for getting through with ILR. Lucky you! :)
Can you share the details of how the below was prepared?
4) Absence spreadsheet - listing absence for the last 5 Continuous years

What was the response from the CW when you said abt the new rule for the break calculation back from the application date? What exactly did you tell them.

Regards,
Mano

pr123
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Post by pr123 » Sun Mar 03, 2013 4:59 pm

uksettlement wrote:Glad that the clarification helped. Congrats!
Thanks again....

pr123
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Post by pr123 » Sun Mar 03, 2013 5:10 pm

Kevin24 wrote:Congratulations. Thank you for sharing your experience. How would you rate Solihull Peo, any thing for special mentioning. All the documents you have listed were asked by the CW. please clarify.
Everyone at the PEO were calm, friendly and professional. I would advise anyone to select this PEO, if they had a choice.

The CW asked everything mentioned in my post apart from the Absence letter, HMRC letter and Employer letters initially.
However, when my long leave came into discussion, I handed over the Absence letter and explained that it gives a breakdown per Continuous period.
At the end of handing over all the documents and its photocopies, I then asked if I should give him the Employer letter during my WP days and he just nodded and I gave that. And he noticed that I had HMRC letter in my file and he enquired if that was HMRC's letter and I then gave that too.
Finally I asked if he needs anything else, and he said that was all it.

pr123
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Post by pr123 » Sun Mar 03, 2013 5:12 pm

db83 wrote:Glad...it helped.

Yes uksettlement's enquiry intrigued me to write to UKBA.

I'm in a similar situation & will apply next week at Solihull.

Enjoy your ILR and now start planning for your wife's and lil one's visa !
Thanks db83. The next task is to apply for interim Dependent Visas.

pr123
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Post by pr123 » Sun Mar 03, 2013 5:19 pm

Mano82 wrote:Hi Pr123,

Congrats for getting through with ILR. Lucky you! :)
Can you share the details of how the below was prepared?
4) Absence spreadsheet - listing absence for the last 5 Continuous years

What was the response from the CW when you said abt the new rule for the break calculation back from the application date? What exactly did you tell them.

Regards,
Mano
Thanks Mano. I basically mentioned that as per the new rule, the number of days away are calculated based on application date. He didn't ask any further questions, but just started typing something on the system. While he was typing, I mentioned that I have listed the absences per Continuous year in a separate sheet and handed that to him. After having a quick glance of this sheet and the system, he seemed to be OK with it and just included this sheet within the application form (next to the page where absences are listed in the application form)

Wildjoecrazy
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Post by Wildjoecrazy » Tue Mar 05, 2013 9:24 pm

Congratulations on your ILR!

I was just wondering what you wrote down as the reason for your long absence?

pr123
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Post by pr123 » Tue Mar 05, 2013 9:32 pm

Wildjoecrazy wrote:Congratulations on your ILR!

I was just wondering what you wrote down as the reason for your long absence?
Thanks... I had given the reason as 'Business trip'.

neti
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did you got salary in uk during long absense of 220 days

Post by neti » Sat Apr 13, 2013 1:38 pm

Hi PR123, and DB83, and uksettlement user (and other helpful people)

Thank you so much, to you folks for clearing doubts and successfully applying new rules.

My case is similar where i am trying to find if I may qualify for ILR.

I had break in continuity of around 8 months (130 days in first year) and same break contiued in second year for further 120 days between 1st and 2nd year. I am on Tier 1 visa.

Entered uk as WP holder. after 4 months got my tier 1 within uk.
After 7.5 months continued work in UK.
Outside uk for 8.5 months straight. Not single day in UK.
then again 8 months in uk.

1 year absense of 4.5 months.
2n year absense of 4 months.

No Salary paid in UK. My question is in your case did you showed salary being paid in UK during your period of absense ?

Thansk so much, Warm Regards,
Neti

pr123
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Re: did you got salary in uk during long absense of 220 days

Post by pr123 » Fri Jul 26, 2013 7:32 pm

Hi neti,

No, I did not show that salary was being paid in the UK. When db83 and I applied in the months between dec 2012 - apr 2013, there was no clause mentioning that an evidence is required in these cases. But now things may be different - so please check this forum/immigration rules for anyone with similar leaves after this date.

Regards,
pr123
neti wrote:Hi PR123, and DB83, and uksettlement user (and other helpful people)

Thank you so much, to you folks for clearing doubts and successfully applying new rules.

My case is similar where i am trying to find if I may qualify for ILR.

I had break in continuity of around 8 months (130 days in first year) and same break contiued in second year for further 120 days between 1st and 2nd year. I am on Tier 1 visa.

Entered uk as WP holder. after 4 months got my tier 1 within uk.
After 7.5 months continued work in UK.
Outside uk for 8.5 months straight. Not single day in UK.
then again 8 months in uk.

1 year absense of 4.5 months.
2n year absense of 4 months.

No Salary paid in UK. My question is in your case did you showed salary being paid in UK during your period of absense ?

Thansk so much, Warm Regards,
Neti

hemant_lakhani
Junior Member
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Re: ILR Success - T1+WP -Absence more than 180 days at a str

Post by hemant_lakhani » Fri Jan 31, 2014 2:46 pm

Greetings,
I have a similar situation, and need expert advise please...

I am looking forward to apply for ILR, I have doubts due to my absence of more than 180 days in past 5 years.

I tried to understand using UKBA website guidelines and immigration forums but I need help to clear the doubts so seeking your help in this regards, your early response with appropriate information would be really appreciated.

Here are some details:
I entered UK on 17 Oct 2007 on Work Permit,
Switched to Tier 1 General in Aug 2009 within UK,
Left UK on 18 Jan 2010 and came back 18 Sept 2010 (Absence of 244 days (more than 180 days)), Reason is my employer is India based so I had to go to India due to work in India & few weeks business meetings in Sydney, Australia.
I currently have Tier 1 extension valid until Nov 2014.
Please advice if I am eligible for ILR in this situation? What letter do I need from employer about the absence, a format would be really helpful.

If not eligible with above information, I also have query if I break the 244 days absence in 2 years making it less than 180 days in each of the 2 consecutive years, does it make me eligible?
So, for example: does below scenario makes me eligible for ILR in May 2014 ?
Year From To Absence Reason
1 17-May-08 to 16-May-09 15 days personal holiday in India
2 17-May-09 to 16-May-10 *122 days Work in India
3 17-May-10 to 16-May-11 *122 days Work in India
4 17-May-11 to 16-May-12 0 days
5 17-May-12 to 16-May-13 0 days
6 17-May-13 to 16-May-14 0 days
* Two times 122 days absence are continuous 244 days distributed in year 2 and 3 in above scenario.

Or may be below scenario to apply earlier:
Year From To Absence Reason
1 31-Mar-09 to 30-Mar-10 86 days Not continuous, 15 days personal holiday and 71 days Work in India
2 31-Mar-10 to 30-Mar-11 172 days Continuous 172 days work in India
3 31-Mar-11 to 30-Mar-12 0
4 31-Mar-12 to 30-Mar-13 0
5 31-Mar-13 to 30-Mar-14 0
* 71 days in year1 and 172 days in year2 are continuous absence making it 244 days.


Please help and advise, am I eligible or do I really need another Tier 1 General extension?
Thanks in advance, I look forward to early response please.

hemant_lakhani
Junior Member
Posts: 70
Joined: Thu Jan 30, 2014 8:45 pm

Re: ILR Success - T1+WP -Absence more than 180 days at a str

Post by hemant_lakhani » Fri Feb 21, 2014 2:19 pm

Please advise on my above query for my ILR eligibility.
Also, is there any requirement that the person needs to be paid in UK during his absence as I was paid in India during work based in India and was not paid in the UK. Please advise.

asim ali ashraf
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Re: ILR Success - T1+WP -Absence more than 180 days at a str

Post by asim ali ashraf » Wed Apr 19, 2017 4:34 am

Hi Pr123,

Did you mention the continuous > 180 absence in section 7.13 or left it blank?

Section 7.13 is pasted below

Section 7.13 : How long lave you lived in UK - months / years

Please provide details of any periods of absence of more than six months during that time

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zimba
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Re: ILR Success - T1+WP -Absence more than 180 days at a str

Post by zimba » Wed Apr 19, 2017 10:43 am

Why are you digging a post from 2014 ??? The OP has not been active for almost a year :?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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