No Of Days Absence 136 Days-No Employer Letter-Any thoughts

Hi,

I have an enquiry abt absence of days and proof of income as Accountant letter. I would try to present my complete situation in as few words as possible.

WP stamped on 20 Mar 2005

Entry---------------------Exit-------------------- Gap
=====================================
28 Mar 2005-------05 May 2005---------- Not on Salary (On Deputation)
============================= 49 Days
27 Jun 2005------- 07 Aug 2005---------- Not On salary (On deputation)
============================= 56 Days
CONSIDERING STARTING POINT FOR ILR
=============================
03 Oct 2005--------10 Apr 2006----------- Salaried (Have all the Payslips)
============================= 136 days (Sent back to India - Paid in India)
25 Aug 2006--------13th Sep 2007----------Salaried
============================= 18 Days
01 Oct 2007---------28 Nov 2008 ----------- Salaried (Switched to Tier1 in June 08 for 3 years)
============================= 30 Days
29 Dec 2008--------25 Dec 2009------------- Salaried(Self Employed ( Ltd Company)
============================= 20 Days
Returned back on 15th Jan 2010

=======================================
=======================================
Total Absence-----------------204 Days

Query's :

a) I think I am eligible to apply for ILR in Oct 2010 considering I was salaried since 03 oct 2005 , But a gap of 136 days between 11th Apr 2006 and 24 Aug 2006 looks like a problem. However, I was paid in April 2006 and have a payslip.

Even though I was paid in india - If I take a letter from employer stating I was sent to india for business reasons would that help.

Since I am self Employed now , If I can't get letter from my previous employer for above gap(136 days) as an official trip , Is there any other alternative.

c) I have gone through posts and various blogs and - period of absence varies from 90 days to 220 days (excluding weekends and bank holidays). If I consider Apr 2006 as a salaried leave for me as I have got the Apr 2006 salary slip and leave encashment mentioned in that, Can I count May06,June06,Jul06 and 24 days of Aug 06 under these 90-220 days ? I was working under the same employer and was based in India.

d) I am selfemployed since last 20 months and was taking salary slip and dividends but recently in last 3 months I have stopped taking sal and only taking dividends. Is it necessary to have salary slips while applying for ILR or Tier-I OR Accountant letter specifying the salary taken for the year(specific months) and dividends taken for the year(breakup) is good enough.

If accountant letter is not enough , I can still come back to my original track and hence answer to this is very important for me.

e) Finally If don't apply for ILR this year and wait till next year considering a no breaks from 25th Aug 2006.I have another issue.My Tier-1 expires on 11 June 2011 and I get eligible only after Aug 2011, Is it that I have to again apply for Tier - 1 to cover this period ?


I would appreciate your advise on my query's.

I personally don't think the gap of continuous 136 days will help you, even if you get a letter from employer.
The employer though has sent you on a official visit has not paid you in UK. (No NI/Tax paid in UK).

So IMHO, unfortunately the chances of getting ILR are very grim.
Please consult solicitor for a second opinion as well.

I also believe you will have to apply for Tier 1 extension before your current visa expires.
(Not sure about the accountant letter.)

752Solutions wrote:Hi,

I have an enquiry abt absence of days and proof of income as Accountant letter. I would try to present my complete situation in as few words as possible.

WP stamped on 20 Mar 2005

Entry---------------------Exit-------------------- Gap
=====================================
28 Mar 2005-------05 May 2005---------- Not on Salary (On Deputation)
============================= 49 Days
27 Jun 2005------- 07 Aug 2005---------- Not On salary (On deputation)
============================= 56 Days
CONSIDERING STARTING POINT FOR ILR
=============================
03 Oct 2005--------10 Apr 2006----------- Salaried (Have all the Payslips)
============================= 136 days (Sent back to India - Paid in India)
25 Aug 2006--------13th Sep 2007----------Salaried
============================= 18 Days
01 Oct 2007---------28 Nov 2008 ----------- Salaried (Switched to Tier1 in June 08 for 3 years)
============================= 30 Days
29 Dec 2008--------25 Dec 2009------------- Salaried(Self Employed ( Ltd Company)
============================= 20 Days
Returned back on 15th Jan 2010

=======================================
=======================================
Total Absence-----------------204 Days

Query's :

a) I think I am eligible to apply for ILR in Oct 2010 considering I was salaried since 03 oct 2005 , But a gap of 136 days between 11th Apr 2006 and 24 Aug 2006 looks like a problem. However, I was paid in April 2006 and have a payslip.

Even though I was paid in india - If I take a letter from employer stating I was sent to india for business reasons would that help.

Since I am self Employed now , If I can't get letter from my previous employer for above gap(136 days) as an official trip , Is there any other alternative.

c) I have gone through posts and various blogs and - period of absence varies from 90 days to 220 days (excluding weekends and bank holidays). If I consider Apr 2006 as a salaried leave for me as I have got the Apr 2006 salary slip and leave encashment mentioned in that, Can I count May06,June06,Jul06 and 24 days of Aug 06 under these 90-220 days ? I was working under the same employer and was based in India.

d) I am selfemployed since last 20 months and was taking salary slip and dividends but recently in last 3 months I have stopped taking sal and only taking dividends. Is it necessary to have salary slips while applying for ILR or Tier-I OR Accountant letter specifying the salary taken for the year(specific months) and dividends taken for the year(breakup) is good enough.

If accountant letter is not enough , I can still come back to my original track and hence answer to this is very important for me.

e) Finally If don't apply for ILR this year and wait till next year considering a no breaks from 25th Aug 2006.I have another issue.My Tier-1 expires on 11 June 2011 and I get eligible only after Aug 2011, Is it that I have to again apply for Tier - 1 to cover this period ?


I would appreciate your advise on my query's.

Remember false letter will haunt you life long ... if there is audit then any point in your life your case can be opened. now you will think why will i get audited as many people are submitting letter ... trust me that's how things get auditted when system get's exploited .. it just needs 1 case for investigation and all similar case also get's auditted down the line.

so do whatever is fair and truth .... just for 1- 2 years you don't want to live in fear because you submitted false letter ... and your company can come into trouble ... as easy it might sound from UKBA regarding letter .. that is a hard proof they have to get back to you ...

I am not sure from where did you picked up this word - false letter. I am not talking any illegal thing here.

I have seen many blogs where people have given employer letter of there absence for 100- 400 days and they have gone through. If company has sent someone back to india to work on the project and to give the KT and now if they give a letter whats wrong in that.

Case Worker can clearly see the gap and can also see there are no payslips , still many cases have got the PR. Definitely Case worker do keeps these things in mind before approving for the PR.

Not sure how solicitor can help.

Sorry i didn't intent to offend you ... i should have been more specific.

Well i am refering to candidates who come here on Deputation ( and that's the reason they are giving indian salary - base salary) with base in india ... so when they are sent to india .. they are returning candidates ...
one never gets paid in UK / no NI/ no Tax/ when they leave uk ...

Now a days company have started issuing letter as per candidates status (employee of uk OR on deputation) ..... I agree many people show letter they were working in india .....

Imagine .. i come here for 1 year and work 4 years back home and get letter from company (condition that work for same company) ..am i eligible for ILR after 5 years? ... now you will tell me 8months is less than 2-3 years ... so then my question to you would be : is there a rule? .. frankly answer is yes: 90 days at a stretch and 180 days in total ....

Sorry if i offended you .....

Bros,
There is a differnece between 'Rule' and 'Guidance'. Guidelines are suggestions and Rule is something which MUST be strictly followed.

Annex F is Guidance not Rule.

My understanding is there is are no Rules for ILR only Guidelines...


If 90 days or 180 days is a Rule, i am sure nobody who has absences above that will never ever get ILR

I agree with you ... so very true .... but it can also be interpreted as rule and everything else is dealt as "exception" scenario.