ILR T1 long absence & reason-UKBA reply.Might help other

black_bird wrote:thanks for posting the letter.

so does this mean we are seeing all applicants having >=180 absence within 1 years or more refused for ILR??


but we didnt know this rule will be interpretted in this way during the 5 years period??? anyone went to court because of this?? thanks

Check the UKBA guidance on how this is interpreted.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Why should anyone go to court ? If they dont qualify according to the current guidance, they would be denied ILR. And if they do not have a valid visa by then - they will get a chance to appeal. I dont think the appeal will go through if the requirements of stay is not met.

If you have an individual case, please post it in the forum - so that someone can advise.
Anyways this post will go invalid from April 6 - because an absence letter is required for any absences from the UK even if you are on Tier 1. Or a personal letter is required from the applicant if he/she was self employed. This would help define the CW if it was an absence worth considering and if the applicant had enough ties in the UK while he/she was away from the UK

db83: you wrote that from April onwards Tier 1 general applicants applying from ILR will also have to provide for employers letter for absences. Where did you find this info, pls can someone share the source? Thanks.

Also I have letters from my previous employers but I got them in Sep 2012 when I left that job, are they valid (hope so) I apply in May first week for ILR. Thanks. Please help.

sunita80 wrote:db83: you wrote that from April onwards Tier 1 general applicants applying from ILR will also have to provide for employers letter for absences. Where did you find this info, pls can someone share the source? Thanks.

Also I have letters from my previous employers but I got them in Sep 2012 when I left that job, are they valid (hope so) I apply in May first week for ILR. Thanks. Please help.

check the new statement of changes in UKBA website

Great thanks. I will look for it. Could you answer the second part of my question re employer letter date. Thanks.

sunita80 wrote:Great thanks. I will look for it. Could you answer the second part of my question re employer letter date. Thanks.

I'm not sure if that is OK. Post your question in the forum with a new thread and may be someone would have an answer

Thanks.

Hi Sunita,

I don't think they are asking a latest letter from your previous employer about the absences. If you have a letter dated after the absences, it should be okay. This is not for a proof of residence or something which need to be upto date.

The letter about absences is a fact based on past and will be same even if you get another fresh letterwith latest date unlike for the proof of address which need to be latest. In such cases for proof of address, there will be a possibility where you can be at one address on 2012 but may not be at same address in 2013, hence latest is required.

And as such UKBA does not ask the date to be latest for this document where as in some cases they ask the date to be not older than one month.

Hope this makes sense.

Hi
I know I am rushing up things and its too early to worried about but I just want to conform this before so that I can start looking for other options. I came to UK 2005 October as a student I done my Diploma, Bachelors and my Masters completed in 2011 March.

I applied for my PSW and granted from 2011 March to March 2013 and this time period only literally I was out of UK for more than 30 days. From 6th July 2011 to 04 April 2012 something around 310 days .

I applied for my tier 2 WP and waiting for the decision, So if Apply for ILR in 2015 this huge time gap will be a problem for me. I am just wondering.

I appreciate the time you taken to read and thanks in advance for your replies
Thanks
Joe

joe55 wrote:Hi
I know I am rushing up things and its too early to worried about but I just want to conform this before so that I can start looking for other options. I came to UK 2005 October as a student I done my Diploma, Bachelors and my Masters completed in 2011 March.

I applied for my PSW and granted from 2011 March to March 2013 and this time period only literally I was out of UK for more than 30 days. From 6th July 2011 to 04 April 2012 something around 310 days .

I applied for my tier 2 WP and waiting for the decision, So if Apply for ILR in 2015 this huge time gap will be a problem for me. I am just wondering.

I appreciate the time you taken to read and thanks in advance for your replies
Thanks
Joe

You will fall under 10 years long residency, I hope this will help:
https://www.whatdotheyknow.com/request/ ... e_absences

db83 wrote:32 days absence acknowledged by the employer as annual leave/.
The other 130 days as Tier 1 doesnt need any proof unles they were compelling or compassionate.

There are hundreds of such posts in this forum answered by Gurus and moderators. Please search and read them

If the 32 days absence was with the previous employer does he still need to provide the letter? if yes what is the course of action if the previous employer doesn't exist anymore?

nithinnambiar wrote:

db83 wrote:32 days absence acknowledged by the employer as annual leave/.
The other 130 days as Tier 1 doesnt need any proof unles they were compelling or compassionate.

There are hundreds of such posts in this forum answered by Gurus and moderators. Please search and read them

If the 32 days absence was with the previous employer does he still need to provide the letter? if yes what is the course of action if the previous employer doesn't exist anymore?

Yes he/she needs to provide a letter. If the employer doesnt exist, provide the employer information and provide a self explanation for the leave period. If the employer doesnt exist, then UKBA can verify this by looking in Companies house data.

seba wrote:hello experts,
I have a long break in one of my previous 5 years slot(nearly 270 days at a stretch) except that all my other years break are very minimum like less than 30-40 days. I am planning to apply PEO in April.

1) How much probability of getting my case success?
2) I have got my surgery and my mom's surgery in my long break time. So I am providing my medical docs for both situations. Will that add any advantages to my application?

3) If I provide my medical records and letter from the hospital, does the letter need to be current dated or 1 month before my application date or is that Ok if I submit the hospital letter dated at the time of my treatment( say 2.5 years old date)

Your answers and suggestions would help a lot to decide.

Thanks,

considering you are on Tier 1 then try to spread the 270 days across two years making sure that each consective years should have less than 180 days. Please work out as it should work as per the new amendement of UKBA rules stated above. All the supporting letters will be good if kept.

black_bird wrote:thanks for posting the letter.

so does this mean we are seeing all applicants having >=180 absence within 1 years or more refused for ILR??


but we didnt know this rule will be interpretted in this way during the 5 years period??? anyone went to court because of this?? thanks

The Rule has been improved, massively improved; perhaps the only positive change in the last 6 years brought about by this statement of changes HC760, most thankfully - recognizing the needs of the modern global world.
At least I cannot understand what is it that you want to go to court for. sorry if I missed a point.

Dear members,

I am on tier 1 general. Its been 5 yrs now.. I was out of UK for the whole sum of 500 days.. But never exceeded 180 days in one year subject to the date of application. DO I need to take any supporting documents with me..

My first visit to India after getting my initial HSMP was of 160 days. It was due to business/health reasons.. rest all the visits never exceeded 90 days..

It was 85 + 85 then in next year again 85+85
Total 170 + 170 + 160 = 500 days.

DO I need to take any letters with me..

I am going to ILR at PEO next week.. If any one could answer soon, it would be really appreciated.. I will be sharing my PEO exp by the end of next week.

Cheers..

Thanks a lot

Raj.

[b] Hi to All Gurus and Members ,

I received my HSMP approval Letter on September 2008 then after I submit my application to entry clearance and granted Tier-1 General visa on 24th April 2009 for 03 years , I arrived UK on 6 July 2009 I processed my NI registration but unfortunately within 40 days I went back to Pakistan Because my 05 year old Daughter (angel) had a Road accident she had a Head Injury she survived only 07 day she died on 23 of August 2009 Hence I was mentally disturbed my wife was Hypertensive Patient she became seriously ill and during this period my wife became again pregnant due to her health issue i stayed with her after 8 month she deliver a boy i was very happy that God gave me substitute of my daughter but I think God Love him more than me hence my son died on 24th March 2010 again me and my wife went into the severe mental and emotional condition but after 07 months I decided to took my wife and Rest children to UK then I submitted my dependent application and granted Dependent visa on October 2010 Finally I arrived UK on 23 NOV 2010 .

I applied my Tier-1 Extension with dependent on May 2011 and granted for 02 years till June 2014.

The Moral of the story is that I have spend 15 months from 17-08-2009 to 22-11-2010 in Pakistan due to the above stated reasons but after that i went outside UK twice for 15days consecutively.

I am looking a supportive advice that my visa period of 05 years is going to complete in June 2014 but I spent 15 months outside Uk due the death of two children one after one .

am I eligible to apply for ILR or not or may apply for another extension whereas I have all the medical proof Hospitalization reports and death certificates I consulted with one solicitor he stated that i can apply ILR but i am still confuse Kindly guide me what should I have to do.........?

Hi db83,

Congrats on your successful ILR application.

I'm writing this in response to your reply on "Tue Feb 19, 2013 11:56 am".

"32 days absence acknowledged by the employer as annual leave/.
The other 130 days as Tier 1 doesn't need any proof unles they were compelling or compassionate.

There are hundreds of such posts in this forum answered by Gurus and moderators. Please search and read them"

In my case, I came to UK on work permit on Jul-2007 and got my tier 1 in Nov2008. I have 7 days of absences between Jul-2007 and Nov-2008 whilst I was on work permit. These seven days were my personal holidays. I left this employer in 2009 and its been 4 years now. Not sure, how it works to request this letter from that employer whom I left nearly 4 years ago ? It is an Indian MNC IT company. Appreciate your suggestions.

Dear other members,

Appreciate your thoughts. If there are any existing forums where there is a similar situation , please guide.

Thanks

Hi CS95TDG;

I came to UK in Dec-2008 on Tier 1G for a few day & then re-enterd in July-2009 for a few days again. I am in UK continously since Jan-2010 as an employee; please advise that absence from August to Jan-2012 (167 dyas) can be counted towards continous 5 years without of any evidence to apply for ILR in July-2014 or I sould wait till Jan-2015. What is email to ask settlemt ops team.Thanks

cs95tdg wrote:While it's always good to get confirmation from the UKBA via email & their call centre staff, I'd always take what they say with a pinch of salt. Depending on the person you speak to, you may unfortunately get 'N' number of different answers, to the same question! I always find email correspondence to be the better option. My motto is however, to believe what I'm told in response to a question, if the answer seems logical and fits in with the published immigration rules.