Need help on my ILR due shortly

Hi Guys,

I am preparing my ILR application and need help from you guys to get it prepare. My scenario is bit different and here are the full details.

Visa type -- Tier 1 General
First visa stamped -- 4th March 2008
First entry in UK -- 11th May 2008 (After 69 days)
Visa Valid -- 3rd march 2013 (Got an extension in Jan 2010 for 3 year)

Here are my number of days absent from UK (departure & arrival dates included in no of days below)
15 days -- (23th Aug 2008 to 6th Sept 2008)
39 days -- (11th June 2009 to 19th July 2009)
71 days -- (20th Oct 2010 to 29th Dec 2010)
69 days -- (6th Jan 2012 to 14th March 2012) -- (Doctor advised & provide medical certificate for 2 weeks rest because wife was unwell, original return date was 3rd March 2012)

Total absent days: 194

I did read continuous period PDF document but could not understand it properly. I have few questions about continuation of 5 years period and number of absences from UK.

I am planning to book the PEO appointment for 6th Feb 2013 which is 28 days from 3rd March 2013(my visa expiry date), pls correct me if I am calculating days wrongly.

I am working with same company since I came to UK in 2008. During above 71 & 69 days absent period, I was working from home from India for my company in UK as I was there because of personal reasons. My company does not have office in India. I took few annual holidays also during my stay there. My salaries, NI etc. were all credited in my UK account during above time. My company is ready to give a letter that I was working from India for them.

1. What should be the content of this absent letter from employer?
2. Am I eligible for ILR? I mean, am I fulfilling 5 years continue stay clause? OR I have to apply FLR(Further Leave to remain)????
3. My total absent days are 194. Is there any issue with this?
4. What does this mean "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)." Is it 180 days total in 5 years OR 180 days per year?
5. My first entry to UK(11th May 2008) was after 69 days of visa stamping as explained above. Will these 69 days also considered absences?
6. Can anybody see any other issue in my application?
7. Am I eligible for personal appearance?
8. What are paid leaves?

Please reply with as much details as possible.

Please help me to prepare my application and let me know if more info require.

Thanks in advance for your time.

Regards

1. Exclude UK arrival departure dates.

2. For your 69 and 71 days, all that is needed is to show that you were on company business, paid in Uk, etc. How you actually managed to perform your job is not relevant. It is possible to be working from client premises, a hotel room , or even a coffee shop, a rented office desk etc. Dont need to get into this detail if you are getting a letter from your employer re this absence And no need to mention/announce that it was actually personal reasons.

Answers to your itemised questions:
1. See above
2. Yes you are eligible for ILR.
3. Not so far.
4. In your case it is a minor distractionfor you. Read other similar posts at your convenience.
5. No.
6. Not so far. Others may want to add.
7. Yes.
8. Paid holidays that you are entitles to.

guri_78 wrote:Hi Guys,

I am preparing my ILR application and need help from you guys to get it prepare. My scenario is bit different and here are the full details.

Visa type -- Tier 1 General
First visa stamped -- 4th March 2008
First entry in UK -- 11th May 2008 (After 69 days)
Visa Valid -- 3rd march 2013 (Got an extension in Jan 2010 for 3 year)

Here are my number of days absent from UK (departure & arrival dates included in no of days below)
15 days -- (23th Aug 2008 to 6th Sept 2008)
39 days -- (11th June 2009 to 19th July 2009)
71 days -- (20th Oct 2010 to 29th Dec 2010)
69 days -- (6th Jan 2012 to 14th March 2012) -- (Doctor advised & provide medical certificate for 2 weeks rest because wife was unwell, original return date was 3rd March 2012)

Total absent days: 194

I did read continuous period PDF document but could not understand it properly. I have few questions about continuation of 5 years period and number of absences from UK.

I am planning to book the PEO appointment for 6th Feb 2013 which is 28 days from 3rd March 2013(my visa expiry date), pls correct me if I am calculating days wrongly.

I am working with same company since I came to UK in 2008. During above 71 & 69 days absent period, I was working from home from India for my company in UK as I was there because of personal reasons. My company does not have office in India. I took few annual holidays also during my stay there. My salaries, NI etc. were all credited in my UK account during above time. My company is ready to give a letter that I was working from India for them.

1. What should be the content of this absent letter from employer?
2. Am I eligible for ILR? I mean, am I fulfilling 5 years continue stay clause? OR I have to apply FLR(Further Leave to remain)????
3. My total absent days are 194. Is there any issue with this?
4. What does this mean "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)." Is it 180 days total in 5 years OR 180 days per year?
5. My first entry to UK(11th May 2008) was after 69 days of visa stamping as explained above. Will these 69 days also considered absences?
6. Can anybody see any other issue in my application?
7. Am I eligible for personal appearance?
8. What are paid leaves?

Please reply with as much details as possible.

Please help me to prepare my application and let me know if more info require.

Thanks in advance for your time.

Regards

Just a query about the calculated 28 day duration, isn't 6th of Feb, 26th day before the expiry of visa which is on 3rd March. Wouldn't the 28th day be 4th of February.

Cheers,
alladin

@alladin, yes you are right, it should be 4th Feb. Thanks for your reply. Any comments on my questions?

Cheers

alladin wrote:

guri_78 wrote:Hi Guys,

I am preparing my ILR application and need help from you guys to get it prepare. My scenario is bit different and here are the full details.

Visa type -- Tier 1 General
First visa stamped -- 4th March 2008
First entry in UK -- 11th May 2008 (After 69 days)
Visa Valid -- 3rd march 2013 (Got an extension in Jan 2010 for 3 year)

Here are my number of days absent from UK (departure & arrival dates included in no of days below)
15 days -- (23th Aug 2008 to 6th Sept 2008)
39 days -- (11th June 2009 to 19th July 2009)
71 days -- (20th Oct 2010 to 29th Dec 2010)
69 days -- (6th Jan 2012 to 14th March 2012) -- (Doctor advised & provide medical certificate for 2 weeks rest because wife was unwell, original return date was 3rd March 2012)

Total absent days: 194

I did read continuous period PDF document but could not understand it properly. I have few questions about continuation of 5 years period and number of absences from UK.

I am planning to book the PEO appointment for 6th Feb 2013 which is 28 days from 3rd March 2013(my visa expiry date), pls correct me if I am calculating days wrongly.

I am working with same company since I came to UK in 2008. During above 71 & 69 days absent period, I was working from home from India for my company in UK as I was there because of personal reasons. My company does not have office in India. I took few annual holidays also during my stay there. My salaries, NI etc. were all credited in my UK account during above time. My company is ready to give a letter that I was working from India for them.

1. What should be the content of this absent letter from employer?
2. Am I eligible for ILR? I mean, am I fulfilling 5 years continue stay clause? OR I have to apply FLR(Further Leave to remain)????
3. My total absent days are 194. Is there any issue with this?
4. What does this mean "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)." Is it 180 days total in 5 years OR 180 days per year?
5. My first entry to UK(11th May 2008) was after 69 days of visa stamping as explained above. Will these 69 days also considered absences?
6. Can anybody see any other issue in my application?
7. Am I eligible for personal appearance?
8. What are paid leaves?

Please reply with as much details as possible.

Please help me to prepare my application and let me know if more info require.

Thanks in advance for your time.

Regards

Just a query about the calculated 28 day duration, isn't 6th of Feb, 26th day before the expiry of visa which is on 3rd March. Wouldn't the 28th day be 4th of February.

Cheers,
alladin

@wpilr_nov12, Thanks for the reply. I am feeling better now. Re content of letter is concern, my company may not write the word "business trip" but I think they would be happy to say that while I am in India, I was working for company and doing the crucial work and his salary and all were paid as normal in UK. Will that be sufficient?

I am requesting this letter early next month. I am planning to take three letters from company. One is about absences, second is about my salary and third is how important am I for the business blah blah etc.....Will this be fine?

I am planning to mention all absences on one document with all dates, reasons etc. Should I mention these trips as business trip or personal cum business trip in this document. Will it be right to mention these as business trips in this document?

As I mention that my wife was unwell and I had to extend my trip by two weeks. Should I mention this also and provide the medical certificate?

I am sorry if I repeat anything as you can expect everybody is bit anxious before applying ILR.

Thanks again.

wpilr_nov12 wrote:1. Exclude UK arrival departure dates.

2. For your 69 and 71 days, all that is needed is to show that you were on company business, paid in Uk, etc. How you actually managed to perform your job is not relevant. It is possible to be working from client premises, a hotel room , or even a coffee shop, a rented office desk etc. Dont need to get into this detail if you are getting a letter from your employer re this absence And no need to mention/announce that it was actually personal reasons.

Answers to your itemised questions:
1. See above
2. Yes you are eligible for ILR.
3. Not so far.
4. In your case it is a minor distractionfor you. Read other similar posts at your convenience.
5. No.
6. Not so far. Others may want to add.
7. Yes.
8. Paid holidays that you are entitles to.

other experts pls comment...

guri_78 wrote:Hi Guys,

I am preparing my ILR application and need help from you guys to get it prepare. My scenario is bit different and here are the full details.

Visa type -- Tier 1 General
First visa stamped -- 4th March 2008
First entry in UK -- 11th May 2008 (After 69 days)
Visa Valid -- 3rd march 2013 (Got an extension in Jan 2010 for 3 year)

Here are my number of days absent from UK (departure & arrival dates included in no of days below)
15 days -- (23th Aug 2008 to 6th Sept 2008)
39 days -- (11th June 2009 to 19th July 2009)
71 days -- (20th Oct 2010 to 29th Dec 2010)
69 days -- (6th Jan 2012 to 14th March 2012) -- (Doctor advised & provide medical certificate for 2 weeks rest because wife was unwell, original return date was 3rd March 2012)

Total absent days: 194

I did read continuous period PDF document but could not understand it properly. I have few questions about continuation of 5 years period and number of absences from UK.

I am planning to book the PEO appointment for 6th Feb 2013 which is 28 days from 3rd March 2013(my visa expiry date), pls correct me if I am calculating days wrongly.

I am working with same company since I came to UK in 2008. During above 71 & 69 days absent period, I was working from home from India for my company in UK as I was there because of personal reasons. My company does not have office in India. I took few annual holidays also during my stay there. My salaries, NI etc. were all credited in my UK account during above time. My company is ready to give a letter that I was working from India for them.

1. What should be the content of this absent letter from employer?
2. Am I eligible for ILR? I mean, am I fulfilling 5 years continue stay clause? OR I have to apply FLR(Further Leave to remain)????
3. My total absent days are 194. Is there any issue with this?
4. What does this mean "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)." Is it 180 days total in 5 years OR 180 days per year?
5. My first entry to UK(11th May 2008) was after 69 days of visa stamping as explained above. Will these 69 days also considered absences?
6. Can anybody see any other issue in my application?
7. Am I eligible for personal appearance?
8. What are paid leaves?

Please reply with as much details as possible.

Please help me to prepare my application and let me know if more info require.

Thanks in advance for your time.

Regards

He was in India during (from) and (to), during which tine he was involved in company business, namely (give some examples of work you did there). While there he was paid in uk as normal.

It is all about how you 'package' the content of the letter.

@wpilr_nov12, Thanks a lot mate, can please answer all the queries from second half of my above comment.....which are as....

I am planning to mention all absences on one document with all dates, reasons etc. Should I mention these trips as business trip or personal cum business trip in this document. Will it be right to mention these as business trips in this document?

As I mention that my wife was unwell and I had to extend my trip by two weeks. Should I mention this also and provide the medical certificate?

Thanks....

wpilr_nov12 wrote:He was in India during (from) and (to), during which tine he was involved in company business, namely (give some examples of work you did there). While there he was paid in uk as normal.

It is all about how you 'package' the content of the letter.

1. Organising/packaging your information does not require you to deviate from truths.

2. Don't overcomplicate with too many letters justifying too many things.

As the OP is applying for ILR as a Tier 1 General Migrant, an employer letter is not required for annual leave or business related absences according to the latest immigration rule changes that came into effect on 13th Dec 2012. If there are absences due to serious or compelling compassionate reasons then a personal letter and supporting evidence would be required.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

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

Is there a specific reason why an employer letter is thought to be required here?

@wpilr_nov12....thanks a lot. I will definitely take your option once I prepare my content

wpilr_nov12 wrote:1. Organising/packaging your information does not require you to deviate from truths.

2. Don't overcomplicate with too many letters justifying too many things.

@cs95tdg...thanks for replying....Can you please comment on my other queries also in case you think otherwise on my question?

Also, if you read the page 11-12 of calculating-continuous pdf, it does say that evidence should be provided for Tier 1 General applicant also. Here is the snapshot of the content.

In the following categories, absences must be for reasons connected with the applicant¡¦s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only:
1 UK ancestry
2 business person
3 investor
4 innovator
5 writer, composer, or artist
6 retired person of independent means
7 Tier 1 (General)
8 Highly skilled migrant programme (not applying under Appendix S of the rules)

Please comment.

Cheers

cs95tdg wrote:As the OP is applying for ILR as a Tier 1 General Migrant, an employer letter is not required for annual leave or business related absences according to the latest immigration rule changes that came into effect on 13th Dec 2012. If there are absences due to serious or compelling compassionate reasons then a personal letter and supporting evidence would be required.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

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

Is there a specific reason why an employer letter is thought to be required here?

guri_78 wrote:@cs95tdg...thanks for replying....Can you please comment on my other queries also in case you think otherwise on my question?

Also, if you read the page 11-12 of calculating-continuous pdf, it does say that evidence should be provided for Tier 1 General applicant also. Here is the snapshot of the content.

In the following categories, absences must be for reasons connected with the applicant¡¦s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only

If you read the statement carefully, you will notice that it states evidence is only required if your absences were due to compelling or compassionate reasons ONLY.

See also:

245AAA. General requirements for indefinite leave to remain
245CD. Requirements for indefinite leave to remain
245CD-SD Specified documents

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Note that getting an employer letter, would not do any harm, but IMHO not a requirement according to the rules. I personally would not submit unnecessary documents with your application (as it may over-complicate the process), you can keep the letter with you and submit it if requested.
Am I correct in understanding that you were in paid UK employment throughout the absence periods you have mentioned?

I see that the other questions you have raised have already been answered appropriately.

@cs95tdg....thanks for the reply.

I am anxious about my absences which are 186 days in 5 years excluding dept/arrival. Will there be issue after new rules??

Yes, I am paid through out my job since May 2008 including absences.

My dilemma is should I mention these absences as Business trip OR personal cum business trip OR something else???

Also, should I provide the 2 weeks medical certificate because of my wife's sickness and I had to extend my trip by two weeks?

I am also planning to call HMRC and will request employee history for my whole employment period.

Thanks again for your reply.

cs95tdg wrote:

guri_78 wrote:@cs95tdg...thanks for replying....Can you please comment on my other queries also in case you think otherwise on my question?

Also, if you read the page 11-12 of calculating-continuous pdf, it does say that evidence should be provided for Tier 1 General applicant also. Here is the snapshot of the content.

In the following categories, absences must be for reasons connected with the applicant¡¦s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only

If you read the statement carefully, you will notice that it states evidence is only required if your absences were due to compelling or compassionate reasons ONLY.

See also:

245AAA. General requirements for indefinite leave to remain
245CD. Requirements for indefinite leave to remain
245CD-SD Specified documents

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Note that getting an employer letter, would not do any harm, but IMHO not a requirement according to the rules. I personally would not submit unnecessary documents with your application (as it may over-complicate the process), you can keep the letter with you and submit it if requested.
Am I correct in understanding that you were in paid UK employment throughout the absence periods you have mentioned?

I see that the other questions you have raised have already been answered appropriately.

guri_78 wrote:@cs95tdg....thanks for the reply.

I am anxious about my absences which are 186 days in 5 years excluding dept/arrival. Will there be issue after new rules??

Yes, I am paid through out my job since May 2008 including absences.

My dilemma is should I mention these absences as Business trip OR personal cum business trip OR something else???

Also, should I provide the 2 weeks medical certificate because of my wife's sickness and I had to extend my trip by two weeks?

I am also planning to call HMRC and will request employee history for my whole employment period.

Thanks again for your reply.

Personally I don't see anything in your application, that would be cause for concern, so don't worry. You absences appear to be well within the allowed threshold, but take a look at the example on page 10 in the guidance to determine what your absences were for each of the consecutive 12 months periods to put your mind at ease. If you do not have your P60's for your residence period, then yes do get your tax & NI statement covering the 5 years from HMRC (this will help prove that you were in economically active during the residence period).

As to what you should state as the reason for your absences, I'd keep it as simple as possible. Do not over-complicate this. If the primary purpose of the absence was due to Business then state that as the reason. Likewise if the primary reason was a holiday or to visit family then state that.

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

This page tells you when absences will not break continuity when calculating if the continuous period requirement has been met.
No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:

Year 1: 11 November 2012 to 10 November 2011
Year 2: 11 November 2011 to 10 November 2010
Year 3: 11 November 2010 to 10 November 2009
Year 4: 11 November 2009 to 10 November 2008
Year 5: 11 November 2008 to 10 November 2007

@cs95tdg.....Thanks a lot for replying my queries.....much appreciated...feeling better now....

I just called HMRC and they said I will get the employment history document within 2 weeks.

I calculated my absences year wise and here is the summary. I am eligible to apply my ILR from 5th Feb 2013 (28 days to 4th March 2013).

Year 1: 5 Feb 2013 to 4 Feb 2012 -- 38 -- Family but work from India & doing crucial company work
Year 2: 5 Feb 2012 to 4 Feb 2011 -- 29 -- Family but work from India & doing crucial company work
Year 3: 5 Feb 2011 to 4 Feb 2010 -- 69 -- Family but work from India & doing crucial company work
Year 4: 5 Feb 2010 to 4 Feb 2019 -- 37 -- Personal, my marriage
Year 5: 5 Feb 2019 to 4 Feb 2018 -- 13 (Personal) + 96 (my visa started from 4th March 2008 & entry was 11th May 2008 (67 days))

Can you see any issue here with my absences?

My company is UK based and does not have any office in India. Company allowed me to work from home, India. Company is ready to provide a letter to say that I was working from India and my salaries were paid as normal. As you said, I will keep it with me and will only provide if requested.

I could not figure out which is the simple & safe reason to provide for "Family but work from India & doing crucial company work" absences in India. Should I mention "Family but work from India & doing crucial company work" as reason OR personal cum business OR something else. What would you suggest please.

Thanks again....

cs95tdg wrote:

guri_78 wrote:@cs95tdg....thanks for the reply.

I am anxious about my absences which are 186 days in 5 years excluding dept/arrival. Will there be issue after new rules??

Yes, I am paid through out my job since May 2008 including absences.

My dilemma is should I mention these absences as Business trip OR personal cum business trip OR something else???

Also, should I provide the 2 weeks medical certificate because of my wife's sickness and I had to extend my trip by two weeks?

I am also planning to call HMRC and will request employee history for my whole employment period.

Thanks again for your reply.

Personally I don't see anything in your application, that would be cause for concern, so don't worry. You absences appear to be well within the allowed threshold, but take a look at the example on page 10 in the guidance to determine what your absences were for each of the consecutive 12 months periods to put your mind at ease. If you do not have your P60's for your residence period, then yes do get your tax & NI statement covering the 5 years from HMRC (this will help prove that you were in economically active during the residence period).

As to what you should state as the reason for your absences, I'd keep it as simple as possible. Do not over-complicate this. If the primary purpose of the absence was due to Business then state that as the reason. Likewise if the primary reason was a holiday or to visit family then state that.

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

This page tells you when absences will not break continuity when calculating if the continuous period requirement has been met.
No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 11 November 2012, the consecutive periods would be as follows:

Year 1: 11 November 2012 to 10 November 2011
Year 2: 11 November 2011 to 10 November 2010
Year 3: 11 November 2010 to 10 November 2009
Year 4: 11 November 2009 to 10 November 2008
Year 5: 11 November 2008 to 10 November 2007

guri_78 wrote:Year 5: 5 Feb 2019 to 4 Feb 2018 -- 13 (Personal) + 96 (my visa started from 4th March 2008 & entry was 11th May 2008 (67 days))

Can you see any issue here with my absences?

That 67 days due to delayed entry does not count as absence.

guri_78 wrote:I calculated my absences year wise and here is the summary. I am eligible to apply my ILR from 5th Feb 2013 (28 days to 4th March 2013).

Year 1: 5 Feb 2013 to 4 Feb 2012 -- 38 -- Family but work from India & doing crucial company work
Year 2: 5 Feb 2012 to 4 Feb 2011 -- 29 -- Family but work from India & doing crucial company work
Year 3: 5 Feb 2011 to 4 Feb 2010 -- 69 -- Family but work from India & doing crucial company work
Year 4: 5 Feb 2010 to 4 Feb 2019 -- 37 -- Personal, my marriage
Year 5: 5 Feb 2019 to 4 Feb 2018 -- 13 (Personal) + 96 (my visa started from 4th March 2008 & entry was 11th May 2008 (67 days))

Can you see any issue here with my absences?

My company is UK based and does not have any office in India. Company allowed me to work from home, India. Company is ready to provide a letter to say that I was working from India and my salaries were paid as normal. As you said, I will keep it with me and will only provide if requested.

I could not figure out which is the simple & safe reason to provide for "Family but work from India & doing crucial company work" absences in India. Should I mention "Family but work from India & doing crucial company work" as reason OR personal cum business OR something else. What would you suggest please.

I don't see an issue with your absences. Note that the number of days between EC & your first date of entry is not considered an absence. Absences start from the date you first arrive in the UK.

The reason you state as "Family but work from India & doing crucial company work" is rather long and personally I would keep it simple and state the reason as business or work related. This will fit-in with the reason stated in your employer letter as well (so in the unlikely event that you need to submit the letter, then your application and employer letter will match).

guri_

pls chk your PM

Thanks and pls check urs too....

wpilr_nov12 wrote:guri_

pls chk your PM

Happy New Year guys...

guri_78 wrote:Hi Guys,

I am preparing my ILR application and need help from you guys to get it prepare. My scenario is bit different and here are the full details.

Visa type -- Tier 1 General
First visa stamped -- 4th March 2008
First entry in UK -- 11th May 2008 (After 69 days)
Visa Valid -- 3rd march 2013 (Got an extension in Jan 2010 for 3 year)

Here are my number of days absent from UK (departure & arrival dates included in no of days below)
15 days -- (23th Aug 2008 to 6th Sept 2008)
39 days -- (11th June 2009 to 19th July 2009)
71 days -- (20th Oct 2010 to 29th Dec 2010)
69 days -- (6th Jan 2012 to 14th March 2012) -- (Doctor advised & provide medical certificate for 2 weeks rest because wife was unwell, original return date was 3rd March 2012)

Total absent days: 194

I did read continuous period PDF document but could not understand it properly. I have few questions about continuation of 5 years period and number of absences from UK.

I am planning to book the PEO appointment for 6th Feb 2013 which is 28 days from 3rd March 2013(my visa expiry date), pls correct me if I am calculating days wrongly.

I am working with same company since I came to UK in 2008. During above 71 & 69 days absent period, I was working from home from India for my company in UK as I was there because of personal reasons. My company does not have office in India. I took few annual holidays also during my stay there. My salaries, NI etc. were all credited in my UK account during above time. My company is ready to give a letter that I was working from India for them.

1. What should be the content of this absent letter from employer?
2. Am I eligible for ILR? I mean, am I fulfilling 5 years continue stay clause? OR I have to apply FLR(Further Leave to remain)????
3. My total absent days are 194. Is there any issue with this?
4. What does this mean "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)." Is it 180 days total in 5 years OR 180 days per year?
5. My first entry to UK(11th May 2008) was after 69 days of visa stamping as explained above. Will these 69 days also considered absences?
6. Can anybody see any other issue in my application?
7. Am I eligible for personal appearance?
8. What are paid leaves?

Please reply with as much details as possible.

Please help me to prepare my application and let me know if more info require.

Thanks in advance for your time.

Regards

Happy New Year mate...

guri_78 wrote:Thanks and pls check urs too....

wpilr_nov12 wrote:guri_

pls chk your PM

Happy New Year mate...

cs95tdg wrote:

guri_78 wrote:I calculated my absences year wise and here is the summary. I am eligible to apply my ILR from 5th Feb 2013 (28 days to 4th March 2013).

Year 1: 5 Feb 2013 to 4 Feb 2012 -- 38 -- Family but work from India & doing crucial company work
Year 2: 5 Feb 2012 to 4 Feb 2011 -- 29 -- Family but work from India & doing crucial company work
Year 3: 5 Feb 2011 to 4 Feb 2010 -- 69 -- Family but work from India & doing crucial company work
Year 4: 5 Feb 2010 to 4 Feb 2019 -- 37 -- Personal, my marriage
Year 5: 5 Feb 2019 to 4 Feb 2018 -- 13 (Personal) + 96 (my visa started from 4th March 2008 & entry was 11th May 2008 (67 days))

Can you see any issue here with my absences?

My company is UK based and does not have any office in India. Company allowed me to work from home, India. Company is ready to provide a letter to say that I was working from India and my salaries were paid as normal. As you said, I will keep it with me and will only provide if requested.

I could not figure out which is the simple & safe reason to provide for "Family but work from India & doing crucial company work" absences in India. Should I mention "Family but work from India & doing crucial company work" as reason OR personal cum business OR something else. What would you suggest please.

I don't see an issue with your absences. Note that the number of days between EC & your first date of entry is not considered an absence. Absences start from the date you first arrive in the UK.

The reason you state as "Family but work from India & doing crucial company work" is rather long and personally I would keep it simple and state the reason as business or work related. This will fit-in with the reason stated in your employer letter as well (so in the unlikely event that you need to submit the letter, then your application and employer letter will match).

guri_78 wrote:Happy New Year mate...

cs95tdg wrote:

guri_78 wrote:I calculated my absences year wise and here is the summary. I am eligible to apply my ILR from 5th Feb 2013 (28 days to 4th March 2013).

Year 1: 5 Feb 2013 to 4 Feb 2012 -- 38 -- Family but work from India & doing crucial company work
Year 2: 5 Feb 2012 to 4 Feb 2011 -- 29 -- Family but work from India & doing crucial company work
Year 3: 5 Feb 2011 to 4 Feb 2010 -- 69 -- Family but work from India & doing crucial company work
Year 4: 5 Feb 2010 to 4 Feb 2019 -- 37 -- Personal, my marriage
Year 5: 5 Feb 2019 to 4 Feb 2018 -- 13 (Personal) + 96 (my visa started from 4th March 2008 & entry was 11th May 2008 (67 days))

Can you see any issue here with my absences?

My company is UK based and does not have any office in India. Company allowed me to work from home, India. Company is ready to provide a letter to say that I was working from India and my salaries were paid as normal. As you said, I will keep it with me and will only provide if requested.

I could not figure out which is the simple & safe reason to provide for "Family but work from India & doing crucial company work" absences in India. Should I mention "Family but work from India & doing crucial company work" as reason OR personal cum business OR something else. What would you suggest please.

I don't see an issue with your absences. Note that the number of days between EC & your first date of entry is not considered an absence. Absences start from the date you first arrive in the UK.

The reason you state as "Family but work from India & doing crucial company work" is rather long and personally I would keep it simple and state the reason as business or work related. This will fit-in with the reason stated in your employer letter as well (so in the unlikely event that you need to submit the letter, then your application and employer letter will match).

Wish you a happy new year too! I have now responded to your PM as well.

Thanks guys......I have one more question, re my case, what should I fill in following question in SETO form.

D2. Please confirm whether you have been outside of the UK for any single absence over 3months or one or more absences which amount to more than 6 month in total during the 5 year
period:

Will it be yes or No in my case please?

guri_78 wrote:Hi Guys,

I am preparing my ILR application and need help from you guys to get it prepare. My scenario is bit different and here are the full details.

Visa type -- Tier 1 General
First visa stamped -- 4th March 2008
First entry in UK -- 11th May 2008 (After 69 days)
Visa Valid -- 3rd march 2013 (Got an extension in Jan 2010 for 3 year)

Here are my number of days absent from UK (departure & arrival dates included in no of days below)
15 days -- (23th Aug 2008 to 6th Sept 2008)
39 days -- (11th June 2009 to 19th July 2009)
71 days -- (20th Oct 2010 to 29th Dec 2010)
69 days -- (6th Jan 2012 to 14th March 2012) -- (Doctor advised & provide medical certificate for 2 weeks rest because wife was unwell, original return date was 3rd March 2012)

Total absent days: 194

I did read continuous period PDF document but could not understand it properly. I have few questions about continuation of 5 years period and number of absences from UK.

I am planning to book the PEO appointment for 6th Feb 2013 which is 28 days from 3rd March 2013(my visa expiry date), pls correct me if I am calculating days wrongly.

I am working with same company since I came to UK in 2008. During above 71 & 69 days absent period, I was working from home from India for my company in UK as I was there because of personal reasons. My company does not have office in India. I took few annual holidays also during my stay there. My salaries, NI etc. were all credited in my UK account during above time. My company is ready to give a letter that I was working from India for them.

1. What should be the content of this absent letter from employer?
2. Am I eligible for ILR? I mean, am I fulfilling 5 years continue stay clause? OR I have to apply FLR(Further Leave to remain)????
3. My total absent days are 194. Is there any issue with this?
4. What does this mean "No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)." Is it 180 days total in 5 years OR 180 days per year?
5. My first entry to UK(11th May 2008) was after 69 days of visa stamping as explained above. Will these 69 days also considered absences?
6. Can anybody see any other issue in my application?
7. Am I eligible for personal appearance?
8. What are paid leaves?

Please reply with as much details as possible.

Please help me to prepare my application and let me know if more info require.

Thanks in advance for your time.

Regards