More than 90 days outside UK - ILR Query

Here are requested suggestions from my end,

1. Go to Solihull PEO. They assess your application before taking payment. In my case, she almost approved my application (subjected to criminal checks etc which happens at later stages) and said congratulations, and then only took the payment.

For cancellation slots (2 days away slots), Pls. check during 10:50 pm - 11:30 pm
For regular slots (42 days away slots), Pls. check during 11:50 pm - 1:30 am

2. Try to get a letter and approval mail from your manager, then ask your HR to transfer its content into official Company letter.

3. I was eligible for ILR 6 months ago but applied last week only. CW mentioned it, and I think this delay had a +ve impact in my case. It might be helpful in your case too.

5. It is better to apply in person only (NOT by post), for below reasons.

a. You will get a chance to have 1-2-1 discussion with CW. It is an opportunity to clear CW doubts if any.
b. As application will be assessed before taking fee, most probably, you will end up paying fees only if it is going to be successful – at least in Solihull PEO.
c. On the same day, you will get your passport back (no travel restrictions) and also the decision on application (will know what to do next; no mental tension)
d. On my PEO day, UKBA systems had some problem for 2-3 hrs. As CW were supposed to attend all applications of that day, they were under pressure of taking decisions more quickly. So they tend to concentrate on more important documents and give less importance to others. I believe it helped in my case though we can't expect the same for all.

Thanks for your reply, I'll try to get the letter from my manager. I'll also try to impress upon my HR to give me a letter as per my manager's suggestion.

I couldn't get any other letter apart from the ones that I have. Some people are saying that ''Company HR are supposed to cancel an existing visa before another one is processed since they system will not allow. The sponsorship management system will not allow and they would have requested UKBA to make that cancellation through a letter''

How to find this out?

srk2012 wrote:
How to find this out?

Subject access request?

Thanks for ALL your help. Got my ILR today. This forum and its members are really great. I wouldn't have got it without your help.

Will post more details this evening.

Share your number urgently buddy, I didn't store it when we talked last time, my appt is tomorrow, need urgent inputs..

Hi Srk,

I have been folllowing your case and hearty congrats for your ILR. Happy for you.

Even I have issues with respect to the unpaid stay in India. I understand what you did and the employer letter you had mentioned in teh post.
1. Did you manage to get the letter in same format from HR ? Were they fine to give it?
2. What all did the CW ask you in form of queries (were u on UK payroll during your absence etc)and the supporting docs?

Any advise will be of a great help.

Regards,
Mano.

Hi Mano,

The above letter was given to me by my immigration team.

She asked me why I have two entry clearances, I told her that my company asked me to shift from Work Permit to Tier 2 as ALL WPs were getting converted to T2. She asked me why I did it from India, I told her only during that time UKBA changed the rules. She said ok. But these were casual questions. She didn't ask anything about where I was paid. If she had asked, I would have told her that as per Company policy we got paid in Local currency.

All our records are there in their system. Whatever info we give, they just feed it to their system to cross verify. Please PM me your number, I can call you to give more information. Happy to help in whatever way I can.

Cheers,
SRK

Thats great. Thanks buddy. I have Pm'd you!
Btw did you go via a solicitor or on your own??

Hi Mano,

I went on my own. I consulted few lawyers but found out they were not very much aware of the rules like we are. So decided to go on my own.

Very true. Same here!

Hi SRK2012,

Can you pls let us know through which PEO you have applied your ILR. Pls do share the documents that you have shown to the caseworker. Would be helpful if you could let us knw these details. Thanks in advance for your help & Cheers

Sorry forgot to say Congratulations. My hearty congratulations to you on your ILR clearance. Cheers buddy

Hi All,

I am planning to apply for the ILR by first week of May 2013(06
May-2013).
On Oct 2007 I came to London on work permit and I have applied to Tier1 general visa on 2009 and still I am staying in UK. Pleas find below the landing history of me in Last 5 Years

Year1 → 06-May-2013 to 05-May-2012 - No Break in this Year
Year2 → 06-May-2012 to 05-May-2011 52 - Days (Away from UK)
Year3 → 06-May-2011 to 05-May-2010 - 17 Days (Away from UK)
Year4 → 06-May-2010 to 05-May-2009 – 52 days (Away from UK)
Year5 → 06-May-2009 to 05-May-2008 - 217 Days (Away from UK)

In Year 5, I need to return to India, because my father expired and I am not able to return back to UK as I planned because of personal commitment.

When I discussed about my ILR eligibility with my friend’s they asked me to refer the UKBA when I checked under the site it has mentioned that “No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods,”
But when I am going through the immigration board forum few of the members mentioned that ILR has been approved on based on the Long absence for more than 200+ days

I am bit confused whether I am eligible for applying ILR as I was away from UK in the Year5 more than 180 days, I need your kind advise on this.

Please confirm whether I am eligible for applying for ILR.

Thanks in advance

Regards
Samy

Samy, Your case is a bit tricky. Please post it as a new topic so that all members can comment