ILR success at Croydon w/ more than 700 days out of country

[suchitra]

Hi all,

Report on a successful in-person ILR appointment in Croydon. Many many thanks to forum members, especially RPB for sharing their experience! SET(O) form based on WP+tier I - the worrying factor was more than 700 days out of the country, chiefly for work travel. My experience was very similar to RPB (
http://www.immigrationboards.com/viewt ... 42b6a624b
), first unsuccessful at Solihull after 10 mins without any scrutiny of application whatsoever, and told they could not deal with any applications with more than 225 days out of the country, and that i should either 'risk' applying by post - but it would be a 'risk', or to try again after spending more days in the UK! I thought that was it, there was no way i could try either of those two options, precisely because I need to travel so often for work - but after hearing of RPB's experience, I looked online, and found an appointment in Croydon the very next week v. early, 8am appointment.

At Croydon they were much more professional and thorough with my application, they went through my entire application in detail - not some 10 minute apology of a scrutiny. I was initially called to the 1st floor, but later a few of us were sent to the second floor, supposed because there were fewer people there (*not*!) There were a few crucial things I think will help everyone else:

- the caseworker wanted only photocopies, he was justifiably impatient when on asking for photocopies, i took several minutes pulling the originals out of my carefully labelled binder to give to him to photocopy. I would recommend one file of originals, and another identical file of photocopies.

- documents asked for:
:12 months payslips w/ corresponding bank statements showing pay deposits
:spreadsheet of absences
:5 years P60's
:current employer letter confirming employment for more than a year.

Caseworker was very professional, and was not interested in any extraneous documents or letters I might have - he only wanted exactly what he asked for.

- one crucial factor was the separate listing of work and personal absences. The caseworker asked me for the separate sheets listing my absences, and was surprised at their large number. He asked me how many days they numbered, and I said there were more than 500 days business absences. He said was I aware that this may lead to rejection? I said that they were all for work, and none of them were personal absences. He clarified what work I did, then asked how many were personal absences - to which I said less than 150 days. He was satisfied by this, and asked me where these were listed on my spreadsheets. I think it was of paramount importance that they were listed on a separate sheet at the end. He took only the sheet with personal absences and keyed it into his system, disregarding all the other sheets of work-related absences.

Incidentally, this seems to make much more sense - surely the right way to treat the '180 day rule' (or the '225 day rule' that appeared from somewhere at Solihull) is that this refers only to personal absences, whereas work absences cannot be counted for this purpose. In any event, this is how the Croydon caseworker chose to interpret it. It was also useful that he went through my application sequentially and verified all my other material before arriving at absences, so he already had an overall positive impression by the time he got to my absences, and was inclined to view them leniently.

He keyed something into his system, and kept doing this throughout the interview. Eventually he looked up and said the ILR had been approve, and to collect my passport from downstairs. I was really happy... and thanked him, apologising again for all the photocopying work I created for him :p I didn't leave the building, and it turned out that my passport was processed in less than an hour.[/url]

[linkers]

Congrats suchitra. That’s a great news.

Why do you think the Solihull PEO couldn’t deal with your case ? Was it complicated (according to them) and they don’t have senior case workers there ?

[fahadz1]

i am planning to go to solihull ??? i have 290 days should i book for solihull or not ? only reason was that they first check your docs then they say go and pay.

seniors what you say about this ?? should i book or not or try belfast ???

I dont want to go to croydon and pay and they hold my case and say they will let me know and it will treat like postal application

[jaskiratbaweja]

Congrats Suchitra. Happy to hear that your business absences were disregarded.

I had a different experience yesterday with 216 business absences (none above 90) and they have requested me to provide additional letter from my previous employer stating the need for travel and my role on business travel.

How detailed was the business trips employer letter that you submitted? What did the letter mention.

I will greatly appreciate if you can share the key points in the letter as I have to send this additional document within 14 days. I can request my previous employer to add any points I might have missed based on your inputs.

Or you could share the letter here on the board, removing any personal and confidential information.

Thanks a ton.

[fahadz1]

Hi all,

Report on a successful in-person ILR appointment in Croydon. Many many thanks to forum members, especially RPB for sharing their experience! SET(O) form based on WP+tier I - the worrying factor was more than 700 days out of the country, chiefly for work travel. My experience was very similar to RPB (
http://www.immigrationboards.com/viewt ... 42b6a624b
), first unsuccessful at Solihull after 10 mins without any scrutiny of application whatsoever, and told they could not deal with any applications with more than 225 days out of the country, and that i should either 'risk' applying by post - but it would be a 'risk', or to try again after spending more days in the UK! I thought that was it, there was no way i could try either of those two options, precisely because I need to travel so often for work - but after hearing of RPB's experience, I looked online, and found an appointment in Croydon the very next week v. early, 8am appointment.

At Croydon they were much more professional and thorough with my application, they went through my entire application in detail - not some 10 minute apology of a scrutiny. I was initially called to the 1st floor, but later a few of us were sent to the second floor, supposed because there were fewer people there (*not*!) There were a few crucial things I think will help everyone else:

- the caseworker wanted only photocopies, he was justifiably impatient when on asking for photocopies, i took several minutes pulling the originals out of my carefully labelled binder to give to him to photocopy. I would recommend one file of originals, and another identical file of photocopies.

- documents asked for:
:12 months payslips w/ corresponding bank statements showing pay deposits
:spreadsheet of absences
:5 years P60's
:current employer letter confirming employment for more than a year.

Caseworker was very professional, and was not interested in any extraneous documents or letters I might have - he only wanted exactly what he asked for.

- one crucial factor was the separate listing of work and personal absences. The caseworker asked me for the separate sheets listing my absences, and was surprised at their large number. He asked me how many days they numbered, and I said there were more than 500 days business absences. He said was I aware that this may lead to rejection? I said that they were all for work, and none of them were personal absences. He clarified what work I did, then asked how many were personal absences - to which I said less than 150 days. He was satisfied by this, and asked me where these were listed on my spreadsheets. I think it was of paramount importance that they were listed on a separate sheet at the end. He took only the sheet with personal absences and keyed it into his system, disregarding all the other sheets of work-related absences.

Incidentally, this seems to make much more sense - surely the right way to treat the '180 day rule' (or the '225 day rule' that appeared from somewhere at Solihull) is that this refers only to personal absences, whereas work absences cannot be counted for this purpose. In any event, this is how the Croydon caseworker chose to interpret it. It was also useful that he went through my application sequentially and verified all my other material before arriving at absences, so he already had an overall positive impression by the time he got to my absences, and was inclined to view them leniently.

He keyed something into his system, and kept doing this throughout the interview. Eventually he looked up and said the ILR had been approve, and to collect my passport from downstairs. I was really happy... and thanked him, apologising again for all the photocopying work I created for him :p I didn't leave the building, and it turned out that my passport was processed in less than an hour.[/url]

did you submit covering letter ?? any absence > 90 days ?

[fahadz1]

Congrats Suchitra. Happy to hear that your business absences were disregarded.

I had a different experience yesterday with 216 business absences (none above 90) and they have request me to provide additional letter from my previous employer stating the need for travel and my role on business travel.

How detailed was the business trips employer letter that you submitted? What did the letter mention.

I will greatly appreciate if you can share the key points in the letter as I have to send this additional document within 14 days. I can request my previous employer to add any points I might have missed based on your inputs.

Or you could share the letter here on the board, removing and personal and confidential information.

Thanks a ton.

ya please i also want key points of the letter so that they wont ask me after submitting my application

[suchitra]

Hi all,

Here is the letter template - the full version includes some more particulars about the specific work purposes of my travel:

From,
xxx

To,
The UK Border Agency
United Kingdom

30 January 2012

To Whom It May Concern,

This is to confirm that S (date of birth , passport no. ) is an employee of X. The Department expects that persons in this role need to travel extensively to promote their work through conference presentations, and meetings with both UK and overseas institutions, and these are a part of their duties.

S is of international repute, and is a world-renowned expert in X. For X purposes, S travels to countries A, B, C. Results of these visits have lead to X. On the following pages therefore I give a detailed list of S's travels outside of the UK, during the period xxx in which she has been employed as – in X.

S is submitting an application for Indefinite Leave to Remain to the UK Border Agency. In view of her excellent productivity as an employee of X, and her anticipated continued amployment at X, I strongly support her application. S has a busy schedule ahead, , it is requested that her application for Indefinite Leave to Remain be processed expediently by the UK Border Agency.

For any further questions, kindly contact xxxx at xxxx.

Best Regards,
xxxxx

[suchitra]

Yes, I think the days out of the country made it 'complicated' which was why Solihull didn't want to deal with it. But when I asked them, they acted as if the same would be true in any PEO and didn't say anything about a senior caseworker not being present in Solihull. They gave some reason like - if I sent it by post, they would be able to spend more time over my submission - this is why it might stand a better chance. I got the idea this was because the caseworkers at Solihull were inexperienced and didn't want to exercise their discretion - whereas at Croydon the person was clearly experienced and knew exactly what he was looking for.

No absences above around 50 days long. Yes, I had written a detailed cover letter specifying everything I was including, and mentioning the work-related travel, but the caseworker didn't read it He was someone who was very efficient and didn't waste his time on things he didn't need.

Based on what I was told at Solihull, I would be a bit careful about applying there if you have more than 225 days out of the country.

[fahadz1]

thanks for the letter. it is very helpful for me atleast.

I'm scared now because i make my mind to go to solihull . as i have 290 days.

should i try belfast or what ? i'm confused

[linkers]

fahadz1: your reason to go to Solihull PEO is quite valid. I am myself planning to go there as they take payment after making the decision but as long as the application is straight forward.

As you have more than 180 days absences and your case is very similar to suchitra, I am sure if you also try at Croydon PEO, your application will be dealt the same day (as they have more senior case workers than any other PEO).

[jaskiratbaweja]

Thanks a lot for sharing this Suchitra.

[niteshj]

brilliant! I think I have about 240 days out of the country for work and annual leave - I am going to risk it at Soulhill as they dont charge for unsuccessful applications - and if it failes then I will go to Croydon

[fahadz1]

brilliant! I think I have about 240 days out of the country for work and annual leave - I am going to risk it at Soulhill as they dont charge for unsuccessful applications - and if it failes then I will go to Croydon

i'm also planning for that... let see

[sunil.suneel]

Wonder why they are not able to handle complicated cases at Solihull ... in the past we have seen people with more than 500 absences get thru at Solihull...

jaskiratbaweja, please let us know your outcome ...

fahadz1, niteshj , please do share your experiences at Solihull ...

[fahadz1]

Wonder why they are not able to handle complicated cases at Solihull ... in the past we have seen people with more than 500 absences get thru at Solihull...

jaskiratbaweja, please let us know your outcome ...

fahadz1, niteshj , please do share your experiences at Solihull ...

hmmmm then how come they didnt take this one.. anyway i will apply in end of the june and surely share my experience

[Rashid]

Hi All,
My mate has spent about 375 days abroad in 4.5 years but almost all of these were down to some serious personal issues. one main period (128 days in 1st year) was due to his accident in the UK and he went back home as there wan't anybody here to look after him. Then he spent about 2.5 years in the UK continoulsy except some paid annual leave abroad. Second long period was 177 days (in one calender year i-e 4th/start of 5th year) but it wasn't continous as he kept on coming to UK but was pusehd to go back home due to his fathers serious illness who also passed away during this period. Does he stand a chance to apply for ILR on compassionate grounds?

[fahadz1]

Hi All,
My mate has spent about 375 days abroad in 4.5 years but almost all of these were down to some serious personal issues. one main period (128 days in 1st year) was due to his accident in the UK and he went back home as there wan't anybody here to look after him. Then he spent about 2.5 years in the UK continoulsy except some paid annual leave abroad. Second long period was 177 days (in one calender year i-e 4th/start of 5th year) but it wasn't continous as he kept on coming to UK but was pusehd to go back home due to his fathers serious illness who also passed away during this period. Does he stand a chance to apply for ILR on compassionate grounds?

its all depends on case worker discretion. Strong evidence should be provided and as his father is expired i think this will weight his application..

[Rashid]

Thanks Fahad,
He has spoken to a solicitor who stated that he would still fall under the category of people who had total allowance of 450 days in 5 years (@90 days / year) as his first entry was back in 2007 while new rule of 180 days apply to those who came in the UK in 2010 or after... Is that correct?

[fahadz1]

Thanks Fahad,
He has spoken to a solicitor who stated that he would still fall under the category of people who had total allowance of 450 days in 5 years (@90 days / year) as his first entry was back in 2007 while new rule of 180 days apply to those who came in the UK in 2010 or after... Is that correct?

no as far as i know 450 days is for naturalisation. there was never a rule for 450 days on any WP or Tier 1 or HSMP as far as i know.

I also met a solicitor he said there is no rule for 180 days hahahahah i sit with him and debate 1 hour with him.. he is dumb

[Rashid]

Sorry to be a pain Fahad.... I thought to details the whole scenario to get your further advice/opinion on this matter.
My friend got HSMP in 2007 and he came to the UK a month after his Visa was stamped. He worked here for 4 months, had an accident (didn't go to GP) and he decided to go back to India as he was stressed and he had nobody to take care off him in UK; he has evidence of accident in form of correspondence with Insurance company. He stayed there (in India) for 4 months and came back to the UK, started a job and stayed here in the UK continously for 2.5 Years (except a few paid holidays totalling to 45 days). His father (back home in India) got ill by end 2010 and he resigned from the job and went to take care of his father who then had a heart attack. Being a resposnsible male person in the household, he had to stay with father for about 70 days and the returned to UK after his father got a bit better. Did a job here for about 2 months and had to go back home to India as his father got seriously ill (he has got medical records etc). His father then passed away and he had to stay with his family/sisters to take care of the family and therefore, he spent about 2.5 mlonths in India, he then came here in UK for 10 days to sort some tax matters, went back to India for a month and returend to UK again. Since then he has been here and financially active except that he had to visit his family for 12 days recently. Now, the time he has spent away totals to about 1 year since his Visa date. Please advise,
a) Can he apply for ILR considering that he was away on compasionate grounds?
b) If he applies for extension and then ILR, would he get right for appeal if appplication for ILR is refused?
c) The last extension (3 years visa) was stamped according to his Initial Visa date and therefore, his visa expires a month before he finishes 5 year period - Considering this factor alongwith points 'a' and 'b' stated above, should he apply for extension?
d) What if he wants to apply for ILR asap? again, is it correct if he gets extension and then applies for ILR, he won't get right of appeal?
e) What if he applies directly for ILR and ILR is refused, will he get chance to apply for extension considering that his Visa would have alreday expired by then?

[fahadz1]

Sorry to be a pain Fahad.... I thought to details the whole scenario to get your further advice/opinion on this matter.
My friend got HSMP in 2007 and he came to the UK a month after his Visa was stamped. He worked here for 4 months, had an accident (didn't go to GP) and he decided to go back to India as he was stressed and he had nobody to take care off him in UK;

HOW LONG HE WENT TO INDIA FOR ?
WHY HE DIDNT WENT TO GP ? ITS RRALLY STRANGE THAT HE DIDNT WENT TO GP.

he has evidence of accident in form of correspondence with Insurance company. He stayed there (in India) for 4 months and came back to the UK, started a job and stayed here in the UK continously for 2.5 Years (except a few paid holidays totalling to 45 days). His father (back home in India) got ill by end 2010 and he resigned from the job and went to take care of his father who then had a heart attack. Being a resposnsible male person in the household, he had to stay with father for about 70 days and the returned to UK after his father got a bit better. Did a job here for about 2 months and had to go back home to India as his father got seriously ill (he has got medical records etc). His father then passed away and he had to stay with his family/sisters to take care of the family and therefore, he spent about 2.5 mlonths in India, he then came here in UK for 10 days to sort some tax matters, went back to India for a month and returend to UK again. Since then he has been here and financially active except that he had to visit his family for 12 days recently. Now, the time he has spent away totals to about 1 year since his Visa date. Please advise,
a) Can he apply for ILR considering that he was away on compasionate grounds?

HE HAVE SO MANY IN AND OUTS I DONT KNOW WHAT TO SAY

b) If he applies for extension and then ILR, would he get right for appeal if appplication for ILR is refused?

IF YOU LTR IS EXPIRED HE WILL GET RIGHT TO APPEAL . THEN IF YOU HAVE CONFIDENCE AND EVIDENCES YOU CAN WIN IN COURT

c) The last extension (3 years visa) was stamped according to his Initial
Visa date and therefore, his visa expires a month before he finishes 5 year period - Considering this factor alongwith points 'a' and 'b' stated above, should he apply for extension?

YOU CAN APPLY FOR EXTENSION

d) What if he wants to apply for ILR asap? again, is it correct if he gets extension and then applies for ILR, he won't get right of appeal?

YA IF HE HAVE LTR HE WILL NOT GET RIGHT OF APPEAL - HE CAN TAKE CHANCE IF HE HAVE MONEY

e) What if he applies directly for ILR and ILR is refused, will he get chance to apply for extension considering that his Visa would have alreday expired by then?

IF YOUR LTR IS EXPIRED YOU CANT APPLY EXTENSION.

IN THIS WHOLE SCENERIO I WILL RECOMMEND TO SEE SOLICITOR AND THERE ARE PLENTY OF THEM WHO CAN DO YOU CASE I BELEIVE..

[ramay]

Thank a lot Suchitra!That is very helpful..I was planing book appointment at Solihull...
Question about Croydon... Do they take payment before or after making the decision at Croydon???

[jaskiratbaweja]

Thank a lot Suchitra!That is very helpful..I was planing book appointment at Solihull...
Question about Croydon... Do they take payment before or after making the decision at Croydon???

At Croydon PEO, you have to pay before you see the caseworker.

[ramay]

Hi Suchitra!! Could you explain please did the CW recorded your case at Solihul e.g your abscence,pasport details etc.?Or just advised you to go by post?and you went to Croydon and they did't now that you were rejected at Solihull ?
Please clarify that..

[suchitra]

I don't believe anything about my case was recorded at Solihull, they just advised me to apply by post.