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ILR Succesful - Solihul, WP + Tier 1. Long absence

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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db83
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Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

ILR Succesful - Solihul, WP + Tier 1. Long absence

Post by db83 » Mon Mar 04, 2013 7:18 pm

Hello Guys

I'm indebted to this forum as interacting with people, getting suggestions and reading other pots helped me secure my ILR today.

My special thanks to cs95tdg and uksettlement, who guided me initially reading my posts and also responding to my posts. I'd also like to thank kevin24 for making us aware a couple of days ago about the HMRC checks.

Ok my case...

1. WP + Tier 1
2. Total absence of 300 odd days with 190 days at a stretch but overlaps with two consecutive 12 month period
3. Self Employed - Own limited company

Went to Solihull at 1:15 for a 1:30 appointment. Airport style check - all done and I was given a token and was asked to wait. I think they were running late today as they called me in only by 2:25.
1. Initially the CW asked me to give my passport, BRP card and application form. She said she will do some checks and then ask me for further documentation.

2. She checked something in our system and checked my holidays. She also checked how much my earnings are. While she was turning the application, she saw that I'd declared that I was outside UK for more than 6 months. Right below that I'd written that even if its a long absence, according to the new rules this long absence overlaps with two consecutive 12 month period. I'd also put an absence spreadsheet, which she glanced through. Here I'd listed days outside UK every year.

3. She then asked me for life in uk test -checked something and asked me for earnings proof

4. I gave her my personal bank statements, business bank statements and accountant letter. She read all of them for a while and then asked me where the payslips and dividend voucher was - to which I replied I've already give you two sources of income i.e. accountant letter & bank statements.

5. She started comparing the bank statements and accountant letter and after that asked for Company registration document. Thats when I also handed over the salary slip and dividend vouchers ( the only reason I dint want to give it earlier was because these were self certified by me).

6. Anways she took the company certificate of incorporation and did a few checks on our system. I reckon, she checked my company details with companies house and HMRC...because she did quite a few things holding that certificate. And then she turned to me and asked why my dependents are not applying (My wife and lil one are in india at the moment) So I told her that they are in India at the moment for which she smiled.

7. After about 10 mins of thorough checking of company name, address and bank statements, she asked me the name of the suppliers I worked with (looking at my business bank statements)...I told her the names. She again checked something in the system and said she will come back in about 5 mins after a few more checks & took my PP

8. She then went in and did some more checks (not sure what it was), came back with passport copies and said that application is succesful today provided that the payment goes through and there are no criminal convictions detected after the biometric check.

Important thing: The CW never asked me for absence letter from employer while I was on WP for a year. She also did not question me for any absences as well.

I was ecstatic at that moment...dint have any words. Made payment, waited to be called for biometric...and after about 20 mins, received all the documents except my accountant letter.

Came out...took a deep breath and switched on my phone to see that I'd received a reminder from UKBA for an appointment that I'd already done with :)

Any questions, please give me a shout.
I'm just trying to help !

Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Mon Mar 04, 2013 7:24 pm

Congratulations. Well done. Thank you for your kind words and appreciation.Since you had all the documents in hand, CW did not take much time. How would you rate Solihull PEO.?

db83
Member
Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Mon Mar 04, 2013 7:28 pm

Its a good PEO Kevin....to me its the best because they check the documents before they take a payment ! So does save some monies if you are not sure of your documents.
And just to let you know abt the HMRC checks, the CW did notice my payments from my company accounts to HMRC...so I'm sure they have a way of tracking it down for Ltd companies.
I'm just trying to help !

Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Mon Mar 04, 2013 7:32 pm

Thank you for your prompt reply.I am happy that every thing has gone off well for you. They must be having a tracking system,,but whether it is on real Time basis or not I do not know.

db83
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Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Mon Mar 04, 2013 7:37 pm

Kevin24 wrote:Thank you for your prompt reply.I am happy that every thing has gone off well for you. They must be having a tracking system,,but whether it is on real Time basis or not I do not know.
I think it might be with a data dump, because I'm sure they put the NI number to see if we have claimed any benefits. The initial scrutionising of the application took about 15-20 mins, where I could see here entering my passport and NI numbers
I'm just trying to help !

db83
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Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Mon Mar 04, 2013 7:38 pm

And again it depends on the Case workers as well...
I'm just trying to help !

cs95tdg
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Post by cs95tdg » Mon Mar 04, 2013 7:45 pm

Congrats db83 & thanks for sharing your experience! Hopefully your post will help others understand that long absences (even if unpaid when applying as a T1G Migrant) will not have an adverse effect on your ILR application, so long as they are within the allowed annual threshold.

db83
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Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Mon Mar 04, 2013 8:19 pm

Thanks cs95tdg.
Well I didn't want to make it complicated, so I just put my long absence as business. No questions were asked because I was on tier 1 - and yes it was unpaid. I'm sure my NI number would have showed that I did not have any NI or tax for those 7 months. [/b]
I'm just trying to help !

uksettlement
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Contact:
India

Post by uksettlement » Mon Mar 04, 2013 10:30 pm

Awesome News. Keep us posted with your timelines for BRP delivery.
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.

ranga_12345
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Post by ranga_12345 » Tue Mar 05, 2013 2:13 pm

Congrats db83. This is really good news for people with long absence.

could you please let me know

1. what VISA you had during the long absence?
2. Did you provide any employer letter for absence?

Regards,
Ranga

db83
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Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Tue Mar 05, 2013 2:15 pm

ranga_12345 wrote:Congrats db83. This is really good news for people with long absence.

could you please let me know

1. what VISA you had during the long absence?
2. Did you provide any employer letter for absence?

Regards,
Ranga
I was on Tier 1. No letter provided
The CW dint even question the absence.
I'm just trying to help !

Newcomer
Newly Registered
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"long absence overlaps with two consecutive 12 month pe

Post by Newcomer » Tue Mar 05, 2013 3:40 pm

Hi

Please could you tell me - when we make the absences per year table, should we split the long absence into two years or should we maintain the start and end dates of the absence.

eg: if the absence is from Jan to June, in the table should we say from Jan to Mar - x days and Mar to June 'y' number of days?

db83
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Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Re: "long absence overlaps with two consecutive 12 mont

Post by db83 » Tue Mar 05, 2013 3:47 pm

Newcomer wrote:Hi

Please could you tell me - when we make the absences per year table, should we split the long absence into two years or should we maintain the start and end dates of the absence.

eg: if the absence is from Jan to June, in the table should we say from Jan to Mar - x days and Mar to June 'y' number of days?
I'd split it
I'm just trying to help !

pr123
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Post by pr123 » Tue Mar 05, 2013 9:41 pm

Congrats db83....

anandh79
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Posts: 205
Joined: Tue Apr 12, 2011 12:12 pm

Post by anandh79 » Tue Mar 05, 2013 9:51 pm

Hi DB

Congrats!

I have few questions.

My case is similar where i was on long absence during my WP.

1. As you mentioned that the CW was inputting NI number to check whether any contributions are made, do you think she was checking only for the months which you were absent to see whether you are paid or not.

2. Also, you said your wife and kid are in India., Since your status has changed to ILR and your wife status as Tier 1 dependant , will it not create any issues for them when they return back to UK.

3. When are you planning to apply PR for your wife and kid.

4. As my case is bit complicated, I wanted to know whether i can apply for myself and apply later for my kid and wife. I will get my pr and we will need to go india immediately.

5. I am more concerned on whether they check individually each month of absences whether you are paid or not. Problem is I was on long absence during my WP time.
Please let me know.

Regards

db83
Member
Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Tue Mar 05, 2013 10:03 pm

anandh79 wrote:Hi DB

Congrats!

I have few questions.

My case is similar where i was on long absence during my WP.

1. As you mentioned that the CW was inputting NI number to check whether any contributions are made, do you think she was checking only for the months which you were absent to see whether you are paid or not.

2. Also, you said your wife and kid are in India., Since your status has changed to ILR and your wife status as Tier 1 dependant , will it not create any issues for them when they return back to UK.

3. When are you planning to apply PR for your wife and kid.

4. As my case is bit complicated, I wanted to know whether i can apply for myself and apply later for my kid and wife. I will get my pr and we will need to go india immediately.

5. I am more concerned on whether they check individually each month of absences whether you are paid or not. Problem is I was on long absence during my WP time.
Please let me know.

Regards
1. I couldn't see her computer on what she checked. But all I could see was that she entered my NI number, and because I was on tier 1 then it's not mandatory for me to be employed always unlike WP.

2. No, they still have their PBS dep visas valid

3. Ilr for my wife when she is back in April. Kid was born in UK, so will apply for Brit passport

4. You may do that if their visa is PBS dependent & valid

5. They might if you are on WP as visa is valid only if you are working. My case was tier 1, so can't confirm this 100%
I'm just trying to help !

db83
Member
Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Tue Mar 05, 2013 11:07 pm

Anandh79- read this post. He was on WP and had an absence of 145 odd days.

http://www.immigrationboards.com/viewtopic.php?t=128311
I'm just trying to help !

anandh79
Member
Posts: 205
Joined: Tue Apr 12, 2011 12:12 pm

Post by anandh79 » Wed Mar 06, 2013 9:08 am

db83 wrote:
anandh79 wrote:Hi DB

Congrats!

I have few questions.

My case is similar where i was on long absence during my WP.

1. As you mentioned that the CW was inputting NI number to check whether any contributions are made, do you think she was checking only for the months which you were absent to see whether you are paid or not.

2. Also, you said your wife and kid are in India., Since your status has changed to ILR and your wife status as Tier 1 dependant , will it not create any issues for them when they return back to UK.

3. When are you planning to apply PR for your wife and kid.

4. As my case is bit complicated, I wanted to know whether i can apply for myself and apply later for my kid and wife. I will get my pr and we will need to go india immediately.

5. I am more concerned on whether they check individually each month of absences whether you are paid or not. Problem is I was on long absence during my WP time.
Please let me know.

Regards
1. I couldn't see her computer on what she checked. But all I could see was that she entered my NI number, and because I was on tier 1 then it's not mandatory for me to be employed always unlike WP.

2. No, they still have their PBS dep visas valid

3. Ilr for my wife when she is back in April. Kid was born in UK, so will apply for Brit passport

4. You may do that if their visa is PBS dependent & valid

5. They might if you are on WP as visa is valid only if you are working. My case was tier 1, so can't confirm this 100%
Hi Db

Thanks for your reply.

Just to reconfirm, this is my status now.

I am on Tier 1 visa and my wife and kid are on tier1 dependant.

I am planning to apply on May and going to India on June. Since I don't want to include all my dependants and lose the money in case if it gets rejected, I am going to apply for myself only.

My kid was also born in UK and holds Indian passport.

With the reply that you have mentioned, then my wife and kid has no problems travelling to india and coming back with Tier 1 dependant. Our tier1 is valid till March 2014.

Please advise me whether it is fine.

Regarding the employer letter, did you get it recent one , does the date matter when it needs to be. Can you post the format.

Also, i had some unpaid leaves during my WP time and not during Tier 1. So was wondering whether they will check those.

Regards

db83
Member
Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Wed Mar 06, 2013 9:35 am

anandh79 wrote:
db83 wrote:
anandh79 wrote:Hi DB

Congrats!

I have few questions.

My case is similar where i was on long absence during my WP.

1. As you mentioned that the CW was inputting NI number to check whether any contributions are made, do you think she was checking only for the months which you were absent to see whether you are paid or not.

2. Also, you said your wife and kid are in India., Since your status has changed to ILR and your wife status as Tier 1 dependant , will it not create any issues for them when they return back to UK.

3. When are you planning to apply PR for your wife and kid.

4. As my case is bit complicated, I wanted to know whether i can apply for myself and apply later for my kid and wife. I will get my pr and we will need to go india immediately.

5. I am more concerned on whether they check individually each month of absences whether you are paid or not. Problem is I was on long absence during my WP time.
Please let me know.

Regards
1. I couldn't see her computer on what she checked. But all I could see was that she entered my NI number, and because I was on tier 1 then it's not mandatory for me to be employed always unlike WP.

2. No, they still have their PBS dep visas valid

3. Ilr for my wife when she is back in April. Kid was born in UK, so will apply for Brit passport

4. You may do that if their visa is PBS dependent & valid

5. They might if you are on WP as visa is valid only if you are working. My case was tier 1, so can't confirm this 100%
Hi Db

Thanks for your reply.

Just to reconfirm, this is my status now.

I am on Tier 1 visa and my wife and kid are on tier1 dependant.

I am planning to apply on May and going to India on June. Since I don't want to include all my dependants and lose the money in case if it gets rejected, I am going to apply for myself only.

My kid was also born in UK and holds Indian passport.

With the reply that you have mentioned, then my wife and kid has no problems travelling to india and coming back with Tier 1 dependant. Our tier1 is valid till March 2014.

Please advise me whether it is fine.

Regarding the employer letter, did you get it recent one , does the date matter when it needs to be. Can you post the format.

Also, i had some unpaid leaves during my WP time and not during Tier 1. So was wondering whether they will check those.

Regards
Anandh, I've just seen you asking the same questions many times answered by lot of people including moderators like vinny. I think you are getting too tensed...just relax and take a chill pill. My answers wouldnt be different from those :)

1. I did take a recent employment letter for my WP days - wrote to my former employer and they obliged. Format is in sticky notes. I cant confirm if the dates matter - because I was not asked for the absence letter from the CW.

2. Again regarding your wife & kids travel - Vinny has answered your question. I'd stick to it and say they are valid (this is my understanding interpreting what the UKBA website says). Again read sticky notes for FAQs answered by UKBA

3. If you have unpaid/paid leaves during your WP time - according to the rules, these needs to be certified by the employer (again I'm interpreting what the guidance says). Like I said before - if you are not in the country and if its unpaid in WP, your purpose of absence from UK is not justified. Again this is my interpretation from the continuous guidance rules. If you want to take a punt - you may do that...its upto you.

Each case is handled is on a case to case basis and the decision is taken by the CW on the merits of the case. Your case is different from mine ! Your absence was in WP where as my absence was in Tier 1, and there is a difference on what you can do on WP and what you can do on Tier 1. The simple difference is...In Tier 1 you dont have to be in constant employment , where as in WP your sole reason of being in UK is to work for the employer who has sponsored your WP.

I do not want to discourage you, but I'm just letting you know the facts and its upto you to take a punt.

All the best
I'm just trying to help !

anandh79
Member
Posts: 205
Joined: Tue Apr 12, 2011 12:12 pm

Post by anandh79 » Wed Mar 06, 2013 9:44 am

Thanks DB,

I will definitely take chill pill. :)

One last question, if i get PR, what form should i be using for my wife, is it set(M).

Is there any difference between SET O and SET M. Just to make sure i dont land in any surprises while applying for my wife.

May i also ask the reason why you applied now rather than waiting for just one month with whom you would have applied along with your wife?

Regards
Anandh

db83
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Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Wed Mar 06, 2013 9:52 am

anandh79 wrote:Thanks DB,

I will definitely take chill pill. :)

One last question, if i get PR, what form should i be using for my wife, is it set(M).

Is there any difference between SET O and SET M. Just to make sure i dont land in any surprises while applying for my wife.

May i also ask the reason why you applied now rather than waiting for just one month with whom you would have applied along with your wife?

Regards
Anandh
I'm not sure what form yet...because I've still got a month to start thinking abt my wife's visa :P .. I want to enjoy the moment :)

The reason I applied now is because I'd a long absence and if I'd prolonged for a couple of months - the year on year absence would have increased and would have had me ineligible. i.e. March 2008 to March 2009 - my absence was 155 days...if I'd applied in April, then the absence from April 2008 to April 2009 would have been over 180 days and would have made me ineligible
I'm just trying to help !

Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Wed Mar 06, 2013 3:47 pm

anandh79 wrote:Thanks DB,

I will definitely take chill pill. :)

One last question, if i get PR, what form should i be using for my wife, is it set(M).

Is there any difference between SET O and SET M. Just to make sure i dont land in any surprises while applying for my wife.

May i also ask the reason why you applied now rather than waiting for just one month with whom you would have applied along with your wife?

Regards
Anandh
Can the GP prescribe the CHill Pill?? Take plenty and relax. Good Luck with your application.Please post your experience.

db83
Member
Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Thu Mar 07, 2013 1:58 pm

And received my BRP card today...in just two days !!
I'm just trying to help !

Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Thu Mar 07, 2013 6:13 pm

Congrats Mate. Happy for you. Enjoy your ILR with your Family, in the near future. Wish you all the very best.

db83
Member
Posts: 184
Joined: Thu May 05, 2011 9:18 am
Location: Mars

Post by db83 » Thu Mar 07, 2013 6:45 pm

Kevin24 wrote:Congrats Mate. Happy for you. Enjoy your ILR with your Family, in the near future. Wish you all the very best.
Thanks Kevin, wish you all the best too
I'm just trying to help !

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