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Tier 2 Minister of Religion - ILR Various Questions Help Pls

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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Farhatg7
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Joined: Sat Feb 10, 2018 11:28 pm

Tier 2 Minister of Religion - ILR Various Questions Help Pls

Post by Farhatg7 » Fri Feb 16, 2018 2:15 pm

Hi i need your help guys! i have 3 questions:
I'm applying for an ILR. I have been for 5 years on Tier 2 MOR and before that i was in the UK on Tier 4 student.

First Question:
They ask me the following question in the SET (0) application in page 78: "For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules. For further information concerning the evidence required, please refer to the Tier 2 migrant policy guidance on our website."
What kind of documents they are asking for? will a photocopy of my Tier4 visa be enough?

Second Question:
Under section 6.2 (page 20) they have this statement:
"If you have had a gap between periods of valid leave, your leave will only be considered to be continuous if the late application was submitted:
before 24 November 2016 and no more than 28 days after your previous leave expired
on or after 24 November 2016 and no more that 14 days after your previous leave expired and we consider that there is a good reason beyond your control for the delay
on or after 24 November 2016 and following the refusal of a previous application for leave which was made in-time or for which the Secretary of State considered there was a good reason why it could not be made in-time; and within 14 days of either:
▪ the refusal of the previous application for leave
▪ the expiry of any leave which has been extended by section 3C of the Immigration Act 1971
▪ the expiry of the time limit for making an in-time application for administrative review or appeal (where applicable)
▪ any administrative review or appeal being concluded, withdrawn or abandoned or lapsing
Where you have had any gaps of leave of less than 14 days after 24 November 2016, you must provide evidence of the reason for the delay(s). This includes situations where your application for settlement falls under one of the above bullet points."


Back in 2016 and when i submitted an extension visa for my Tier 2 MOR this is what happened:
1. i was granted leave to remain as a Tier 2 MOR under SOC code 2444 from 18 March 2013 until 14 Feb 2016
2. 11 Dec 2015 I applied for further leave to remain as a Tier 2 MOR using an incorrect SOC code 3221 (instead of 2444 Clergy)
3. 28 Jan 2016 – Email received from case worker Cid asking for clarity on SOC code and full JD
4. 2 Feb 2016 – a response, with requested information, sent to the case worker clarifying that SOC code 2444 should have been used and explaining that Code 3231 an inappropriate had been used in the CoS as on renewal sponsor had been unable to locate correct SOC code
5. 17 Feb 2016 – Received a refusal of LTR dated 15 Feb 2016
7. 24 Feb 2016 - Served an IS96
6. 29 Feb 2016 - Submit a request for an administrative review of the decision
7. 16 Mar 2016 - applied in person a new application using the premium service.
8. 23 Mar 2016 - received a letter confirming my withdrawal of the administrative review and noting that they are aware that i have submitted a new application.
8. 29 Mar 2016 - granted leave to remain as a Tier 2 MOR under SOC code 2444 from 29 March 2016 until 18 January 2019

In the light of all that do i need to submit a letter explaining all the above and attaching all relevant documents or I'm exempt as i didn't breach the following:
before 24 November 2016 and no more than 28 days after your previous leave expired
My leave was extended under Section 3C of the Immigration Act 1971 as amended by the Administrative Review and by virtue of the new application which they accept as preserving my continuity of leave as a Tier 2 MOR.

Third Question:
Under section 6.3 (page 21) they have the following:
6.3 What evidence has been provided to support the reasons for all absences from the UK?
[Evidence of all work-related absences (including paid annual leave) is required from those applying under:
• Tier 1 (General)
• Tier 2 (Intra-Company Transfer)
• Tier 2 (General)
• Tier 2 (Minister of religion)
• Tier 2 (Sportsperson)
• Tier 5 International Agreement
• Permitted employment categories - except Highly Skilled Migrants
If you are in one of these categories, you must not have had absences from the UK of more than 180 days in any 12 months. For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons in a letter.]

Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK?

Letter from applicant detailing reasons for absence due to compelling or compassionate reasons page21image20064

Letter from applicant detailing any exceptionally harsh consequences to them caused by the change in the way absences from the UK are counted

Original o cial documents: (medical/birth/death certi cate(s)) Letter from travel companies to evidence disruption to travel

Other page21image20064

If you have ticked ‘Other’, please brie y specify below what evidence you have provided. Please note only evidence of compelling or compassionate reasons must be listed in this box.


Will the letter of absence from my employer be sufficient ?
- In 2013 I have 32 Days absence outside of the UK in which 19 days Annual leave, 8 days work & 4 days weekends and/or bank holidays.
- In 2014 I have 30 Days absence outside of the UK in which 22 days Annual leave & 8 days weekends and/or bank holidays.
- In 2015 I have 66 Days absence outside of the UK in which 26 days Annual leave , 16 days losing BRP card in Poland and having to wait on a replacement BRP visa, 10 days work & 14 days weekends and/or bank holidays.
- In 2016 I have 34 Days absence outside of the UK in which 25 days Annual leave, 9 days weekends or bank holidays.
- In 2017 I have 54 Days absence outside of the UK in which 27 days Annual leave, 8 days work & 19 days weekends and/or bank holidays.

NB. All the above calculation were made not taking into consideration the days I traveled out of the country and the days i traveled back in. So if I'm traveling from Tuesday to Friday I count 2 days holiday.

+ My working contract with Holiday entitlement is All statutory public holidays plus 25 days paid leave per annum. As you can see above some years I did take up to 27 years. Do you think this will cause me a problem? Do you think we should add anything which explains the reasons of the extra days in my employer's absence letter?

+For the period that i stayed outside of the country because i lost my BRP, should i tick the OTHER box and explain that i initially planed a 6 days holiday from 4 till 13 July 2015 but unfortunately i couldn't fly back on the 13th as i lost my BRP card.
13 July 2015 lost my BRP & could not travel (I will attached the flight Itenerary)
21 July 2015 applied in Warsaw for a replacement BRP visa
29 July 2015 got my replacement BRP visa (I will attached the copy of the replacement BRP visa stamp on my passport)
31st till 9 August 2015 was on work for the Youth Conference in Germany. (i will attached the itinerary flight back to the UK on the 9th of August)

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