Anyone had their ILR rejected for time spent outside UK?

sunnyday · Post by **sunnyday** » Tue May 01, 2007 3:50 pm

I thought the landing card shows and indicates when you enter into the country, but not when you had left. The immigration office do not scan your passport when you leave the country, or do they?

If not then, technically they have no way to tell when exactly you left for holiday or whatever, hence no way to tell how long you were away for.

am I right on this?

vic · Post by **vic** » Tue May 01, 2007 4:36 pm

hi sunnyday,

i think you are right - just like Dawie mentioned, there's no way of them telling when you left, they only have record of when you arrive.

Unfortunately in my case, most of my holidays were in India, Australia & Sri Lanka - & all three countries put arrival stamps in my passport on each visit - so I know the exact dates that I was away ... & so does anyone else who looks at my passport.

Vic

sunnyday · Post by **sunnyday** » Tue May 01, 2007 8:02 pm

Hi Vic,

then I guess in your case, the case worker is most likely to find out based on the stamp marks.

But seriously, I think they should not reject you. The most they could do is to ask you to re-apply after you have made up for the one extra month. Therefore re-apply after a month.

When exactly are you going to make an application?

vic · Post by **vic** » Tue May 01, 2007 8:22 pm

I entered the country on WP on 20th Sept 2002 - although my work permit was issued on 04th Sept 2002 - so I shall be applying anyday after 22nd August (counting back 28 days from 20th Sept) in person in Croydon.

BTW do you think I can apply earlier - counting back 28 days from he date my WP was issued rather than when I entered the UK ? (There seems to have been some discussion regarding this on another thread - but it was inconclusive)

What do you suggest ?

sunnyday · Post by **sunnyday** » Tue May 01, 2007 8:55 pm

vic wrote:I entered the country on WP on 20th Sept 2002 - although my work permit was issued on 04th Sept 2002 - so I shall be applying anyday after 22nd August (counting back 28 days from 20th Sept) in person in Croydon.

BTW do you think I can apply earlier - counting back 28 days from he date my WP was issued rather than when I entered the UK ? (There seems to have been some discussion regarding this on another thread - but it was inconclusive)

What do you suggest ?

You cant apply any earlier than 28 days. I read it somewhere its either 28 days earlier from the date your WP was issued or the day you entered into the country. Do you know which one?

firstime · Post by **firstime** » Tue May 08, 2007 10:33 am

I have called the HO and they said you have to submit all the old passports ...

olisun · Post by **olisun** » Tue May 08, 2007 10:55 am

sunnyday wrote:
vic wrote:I entered the country on WP on 20th Sept 2002 - although my work permit was issued on 04th Sept 2002 - so I shall be applying anyday after 22nd August (counting back 28 days from 20th Sept) in person in Croydon.

BTW do you think I can apply earlier - counting back 28 days from he date my WP was issued rather than when I entered the UK ? (There seems to have been some discussion regarding this on another thread - but it was inconclusive)

What do you suggest ?
You cant apply any earlier than 28 days. I read it somewhere its either 28 days earlier from the date your WP was issued or the day you entered into the country. Do you know which one?

The day you entered the country and not the day the WP was issued..

Dawie · Post by **Dawie** » Tue May 08, 2007 4:53 pm

firstime wrote:I have called the HO and they said you have to submit all the old passports ...

This only applies if you actually still possess the old passports. Obviously if you have "lost" your old passports they can't expect you to produce them.

firstime · Post by **firstime** » Mon May 14, 2007 8:39 am

I was thinking if there is any underlying rule changes regarding the absent from the UK... I have emailed HO but did not get any useful answer..

May i ask for help from people who are in the similar situation - travel too much for work and already been to HO? Would you please share the experiences there? how to get away with this ? thanks

jazbaati99 · Post by **jazbaati99** » Mon May 14, 2007 2:21 pm

Well, I successfully got my ILR with work related absences. The immigration officer was not too much bothered with my days spend out of UK. He checked with a senior case worker and after going through a few pay slips, I was granted ILR. Make sure you have a strong company letter explaining the reasons of absence and take all your pay slips and p60's with you. Best of luck.

firstime · Post by **firstime** » Mon May 14, 2007 3:28 pm

Thank you very much for your reply

May I ask when did you applied- was that after April 2007 with the new form?

If so - should i list all my absents ( could be up to 40 times) in the last 5 years in the company letter?

thanks

jazbaati99 wrote:Well, I successfully got my ILR with work related absences. The immigration officer was not too much bothered with my days spend out of UK. He checked with a senior case worker and after going through a few pay slips, I was granted ILR. Make sure you have a strong company letter explaining the reasons of absence and take all your pay slips and p60's with you. Best of luck.

SYH · Post by **SYH** » Mon May 14, 2007 3:33 pm

jazbaati99 wrote:Well, I successfully got my ILR with work related absences. The immigration officer was not too much bothered with my days spend out of UK. He checked with a senior case worker and after going through a few pay slips, I was granted ILR. Make sure you have a strong company letter explaining the reasons of absence and take all your pay slips and p60's with you. Best of luck.

What do you mean he checked with a senior case worker,
Were you standing there when it got processed
How do you know that your case worked referred to another case worker?

jazbaati99 · Post by **jazbaati99** » Mon May 14, 2007 3:40 pm

Becuase he initially told me that he is going to go away and consult with a senior case worker, he walked away and after some time came back with a senior case worker. The senior case worker asked me a few questions, told me to show my pay slips for the period I was abroad and cross checked a few payslips with the absence sheet that I supplied (I listed all my absences). Afterwards he (rather she) said everythings fine and the original immigration officer said congratulations, you have been given settlement in UK. This was back in Feb last year. I havn't had a chance to look at the new forms however the forms I used also asked to list each and every absence out of UK.

SYH · Post by **SYH** » Mon May 14, 2007 3:43 pm

What exactly did he crosscheck
You were paid in what currency
and what did the payslip show that comforted him

firstime · Post by **firstime** » Mon May 14, 2007 3:44 pm

Thanks- did you list all the absents( even for the ones less than 3 months? ) May i also ask how long is your absent added up together?

jazbaati99 wrote: This was back in Feb last year. I havn't had a chance to look at the new forms however the forms I used also asked to list each and every absence out of UK.

jazbaati99 · Post by **jazbaati99** » Mon May 14, 2007 3:44 pm

PS, I know almost have a dozen friends who were granted ILR with absences (work related) abroad. In each and every case the immigration officer told them that he (she) needs to consult with a senior case worker due to the amount of absences, but mine was the first case in which the senior case woker came to the window and asked questions.

SYH · Post by **SYH** » Mon May 14, 2007 3:46 pm

thats really wonderful but again it would be more helpful to know
what exactly did the senior officer need to know that made him comfortable with accepting your absences abroad
Otherwise it just sound like boasting on your part

jazbaati99 · Post by **jazbaati99** » Mon May 14, 2007 6:42 pm

Boasting, sorry didn't quite get it, cause that was not my intention at all.

Now a bit of a background.

I was applying for ILR (4 years) on a combination of two work permits and hsmp. I was contracting (via hsmp) when I applied for ILR. Thats why my recent pay slips were from my accountant. I did spent quite a lot of time abroad (sorry would not go into exact details), my over all absences were quite long, though apart from one, I never stayed outside UK more than three months. Through out my overseas trips, my salary continued to be paid in UK. Throughout the overseas stay I paid taxes (though a few of my friends were on NT status yet they got ILR ok) and kept accommodation.

Now the questions asked by the senior case worker were
1) How many days you have spend abroad
My reply: X days
2) Reasons for absences
My reply: explained what my company do and why I was send overseas for consulting.
3) Were you self employed when you worked abroad? (as I was applying on a combination of work permit + hsmp
My reply: No, I was on a work permit and working abroad was not a choice, I had to take the over seas assignment.

Then she asked for payslips and P60's. I can only guess as to what she was looking for, but my guess is
a) I was paid during the time I was abroad
b) Paid taxes while abroad

Then she said, thats fine. The original case worker took photo copies of my P60's and that was it.

What I would suggest for guys with absences (due to company business) is take the following with you
1) Strong company letter stating why your were abroad and you were continued to paid in UK. (No change in your employment status in UK).
2) All pay slips
3) All P60's.
4) All bank statements.

Hope it helps.

Regards

SYH · Post by **SYH** » Mon May 14, 2007 6:53 pm

Thanks for the update, that really helps.
Two things, Can you indicate which countries you were in abroad and if you are willing how many days absent you were?
And for your friends with the NT status, do you know what their background details were?

jazbaati99 · Post by **jazbaati99** » Mon May 14, 2007 7:08 pm

Well, myself, I was abroad only in one middle eastern country. My friends on NT were in a different middle eastern country. Any specific reason for asking if I may ask? In terms of absences, I would again not go into specific details but suffice to say they were well above what should be considered as normal. What my personal take on the subject is, that as long as your work permit was valid i.e. you were paid in UK (whether NT or paid taxes, as I don't recall there is any condition for ILR that you have to pay taxes) and your employment was continuous there should be no reason for home office to refuse. As such there is no residence requirement for ILR. Absences may only flag the fact that whether your absences were for company business or if you were laid off during that time. But of course thats my personal take. Others may have different views on the subject.

firstime · Post by **firstime** » Mon May 14, 2007 7:46 pm

Thank you very much for sharing and i am very appreciated for your giving us all the details

SYH · Post by **SYH** » Mon May 14, 2007 8:42 pm

Sorry for being nosy. I am trying to assess my situation as I have had a couple of work assignments abroad,

vic · Post by **vic** » Mon May 14, 2007 8:43 pm

So I imagine that none of the active members here know anyone whose ILR had been rejected purely for reasons of excess absences ?

jazbaati99 · Post by **jazbaati99** » Mon May 14, 2007 10:18 pm

SYH

On your overseas assignments were you not paid in Sterlings or in UK?

SYH · Post by **SYH** » Mon May 14, 2007 10:34 pm

Jaz perhaps we can take this off line
I already PM'ed you but it is late and I am turning in so perhaps we can pick this up tomorrow

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Anyone had their ILR rejected for time spent outside UK?

no record of leaving country

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so no one...