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After reading some of the post on this forum regarding unpaid leave, I am bit puzzled about my situation and I would like your opinion.

I am on Tier 1 General since Jan 2008 and this year in December I will be applying for ILR – my concern is that in March 2009 I was made redundant from work so in April 2009 I went to India for nearly 50 days to get married. As I was not employed at the time, all these holidays were unpaid. When I returned back to the UK, within two week I found a new job and since then I am with the same employer and in total I have not been out of the UK more than 150 days since January 2008.

I have a couple of question -

1) My absence without pay for 50 days will of any concern to the case worker when assessing my application?

2) If I just ask my first question little differently - will a case officer see these days as I was not employed and therefore incline to think that I have not been employed fully for period of 5 years?

I am little worried my situation and I need your help and assistance.

Please help!

Thanks

Romila

You will be fine, since the single absence in question is less than 90 days and also that your total absences are less than 180.

sushdmehta wrote:You will be fine, since the single absence in question is less than 90 days and also that your total absences are less than 180.

Thanks for the prompt response - much appreciated.

Please can you correct me if I am wrong - do you not have to be continuous employment for 5 years in order to be eligble for ILR?

If you are a Tier 1 (General) migrant then no.

sushdmehta wrote:If you are a Tier 1 (General) then no.

Thank you so much sushdmehta,

Also, please can you advise on something entirely different to my initial post - I have had about 3 Penalty Charge Notices (PCN) for being driving in the bus lane etc (I know silly me) - all of these were promptly paid within 14 days of the date of issue.

I have read on UKBA guidance that these do not affect ILR application but I had a few of them so I am worried if this will go against my ILR?

Do I need to state PCN's in the application form?

Please advise me on this...

Thanks
Romila

Criminality threshold
FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

rachsach wrote:

sushdmehta wrote:If you are a Tier 1 (General) then no.

Thank you so much sushdmehta,

Also, please can you advise on something entirely different to my initial post - I have had about 3 Penalty Charge Notices (PCN) for being driving in the bus lane etc (I know silly me) - all of these were promptly paid within 14 days of the date of issue.

I have read on UKBA guidance that these do not affect ILR application but I had a few of them so I am worried if this will go against my ILR?

Do I need to state PCN's in the application form?

Please advise me on this...

Thanks
Romila

Hi

To the best of my knowledge PCN's never ever affects any one ILR application and they dont have to mentioned on the Set(o) form as they dont really come under any kind of crimnal conviction and the other thing is that PCN's are not being issued by courts they normally get issued by the Local Acting Authorities and if you have paid them on time then just take them as a slap on your wrist for doing silly mistakes nothing serious. I am hoping that you haven't contested any of the PCNs in the court then it'll be a whole lot different story other wise every single person gets loads and loads of PCN's every other month I normally keep a separate budget to pay them each month as I live near the bloody Olympic area so I think in London even if you take a deep breath in the Olympic lane then you'll get a PCN didn't means that I've to disclose it every time in the Set(o) form then probably I'll need at least 5 more pages just to declare my PCNs for the last 5 years.

Please do kindly share your PEO experience on the forum.

Good luck for your ILR.