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Another ILR success story, this time with 197 days outside

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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johnnyng
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Posts: 26
Joined: Mon Dec 14, 2009 10:53 am

Another ILR success story, this time with 197 days outside

Post by johnnyng » Fri Feb 12, 2010 8:02 pm

Hi all,

My situation was discussed in this thread http://www.immigrationboards.com/viewto ... sc&start=0. As you can see I was away for 231 days in total and 197 days when travel days are excluded. Of which, only 12 days are business related.

I went to Croydon today for a premium appointment @9.00am. I went there at 8am and was let in at 8.15am, finish payment at 8.40 and see the case worker at exactly 9.05am. She was very polite and friendly and only ask for a small set of documents:

1. Passports and photos
2. Absence list
3. All P60s
4. Last 3 payslips
5. Last 3 bank statements
6. Employer letter (I did ask HR to state that I did not take any unpaid leave and details my business trips).
7. KOL certificates

That is, I brought with me a lot more but she does not request anything else. The interview itself lasted just 10 minutes and I was told to wait. There was some delay for one of her checkings but then she called me at 11:00am to tell me that everything is fine and we are granted ILR.

I did ask her about the days outside UK and she told me that the most important thing is that no trip were more than 90 days and continuous employment. According to her, the day travelling and public holidays are discounted. Also, if you did not take any unpaid leave, in continuous employment in UK then they will allow you to discount the weekends as well.

One thing I did was created a list of all the trips and correspondent stamps on my passports. She told that was very useful and help her made her decision quicker.

That is, I am very happy now. The only thing I regret is that I did apply for a Tier 1 just 2 week ago in case ILR got rejected. I should not have done that and save £1120 but who knows :p

Have a nice weekend all :) and a happy Vietnamese/Chinese new year as well if you celebrate :)

Johnny

vinseh
Member
Posts: 165
Joined: Sat Nov 07, 2009 7:44 pm

Post by vinseh » Fri Feb 12, 2010 8:21 pm

hi johnnyng,

many congratulations for your success :) I am due to apply mine in March. Just one question, when you say 'unpaid leave', did you just mean to say while abroad or in country as well? I am on 5 yr WP, basically no employment gap but I did take some unpaid leave in the first 2 years of my employment...can that be a problem?

congrats again :)

johnnyng
Newly Registered
Posts: 26
Joined: Mon Dec 14, 2009 10:53 am

Post by johnnyng » Fri Feb 12, 2010 9:00 pm

hmm i did not ask for that clarification but I did not have any unpaid leave throughout 5 year and my employer certify that in the letter.

NTD
vinseh wrote:hi johnnyng,

many congratulations for your success :) I am due to apply mine in March. Just one question, when you say 'unpaid leave', did you just mean to say while abroad or in country as well? I am on 5 yr WP, basically no employment gap but I did take some unpaid leave in the first 2 years of my employment...can that be a problem?

congrats again :)

vinseh
Member
Posts: 165
Joined: Sat Nov 07, 2009 7:44 pm

Post by vinseh » Fri Feb 12, 2010 9:06 pm

were u advised by someone to specifically mention that thing in the employers letter?

johnnyng
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Posts: 26
Joined: Mon Dec 14, 2009 10:53 am

Post by johnnyng » Sat Feb 13, 2010 5:42 pm

I remember reading something about that in this forum and that is why I asked HR to include this in the letter they sent me.
vinseh wrote:were u advised by someone to specifically mention that thing in the employers letter?

rajesh1319
Newbie
Posts: 36
Joined: Sat Mar 29, 2008 9:28 pm

Re: Another ILR success story, this time with 197 days outsi

Post by rajesh1319 » Tue Jun 08, 2010 3:02 pm

Hello Johnny

I want to apply for ILR in next week. I saw your message in immigration board.

Actually my case is similar with your.

I have in total 197 days absence and in stretch 82 days absence and in those 82 days company has not paid me in uk however I am with the same employer since last 5 years.

I saw your messages saying that
Employer letter (I did ask HR to state that I did not take any unpaid leave and details my business trips).

Can you please share the format of your letter with me ? If you want you can remove your personal details from the letter.

I would really appreciate if you can provide any help in this,

Raj

Mptp76
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Joined: Sat Jun 05, 2010 2:44 pm

Post by Mptp76 » Tue Jun 08, 2010 9:31 pm

I have my ILR now too and I had absences over 180 days. I spoke to the Home Office last year about absences as I was worried about going over and the person I spoke to confirmed to me over the phone what Johnny's case officer stated: they are really looking for continuous, employed stay in the UK. My impression is that they will be somewhat flexible with absences (within reason) as long as no single absence exceeded 90 days and you can prove you have been continuously employed and have paid all your taxes.

Too bad he paid also for the other visa but hey, it's only money, peace of mind is priceless :-)

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