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Hi all,

I need some advise applying for ILR. I am currently on HSMP and applying using the SET(O) application form.

It does stipulate that I'm required to stay no more than 180 days in 5 years outside the UK to be eligible for ILR.

Reading the guidance, I see there is some leeway on compassionate grounds.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Over the past 5 years, I have been out of the UK for 215 days. But only 161 days were for annual leave. I had to take 54 days off work for seeking treatment abroad as advised by my NHS surgeon.

Would my sick leave count towards the 180 days or can I get away with it?

Many thanks!

John

parasiteslost wrote:Hi all,

I need some advise applying for ILR. I am currently on HSMP and applying using the SET(O) application form.

It does stipulate that I'm required to stay no more than 180 days in 5 years outside the UK to be eligible for ILR.

Reading the guidance, I see there is some leeway on compassionate grounds.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Over the past 5 years, I have been out of the UK for 215 days. But only 161 days were for annual leave. I had to take 54 days off work for seeking treatment abroad as advised by my NHS surgeon.

Would my sick leave count towards the 180 days or can I get away with it?

Many thanks!


John

How UKVA verifies that you were out of UK during 5 years as UKBA doesnt have EXIT Stamp when you come back from UK?

alipa wrote: How UKVA verifies that you were out of UK during 5 years as UKBA doesnt have EXIT Stamp when you come back from UK?

By looking at the entry stamps from the destination country in your passport

Reading through the SET(O) form again, the question
"D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:"
falls under Section 9 which is only applicable for Section A applicants

see page 7 of pdf form: "If applying under section B, please note that you are not required to complete section 9."

Since HSMP falls under Section B, does this mean that I won't be checked against the 180 days in total criteria? (I still have to state my absences abroad in Section6 Immigration History).

N.B.: All of my trips were short (less than 55 days each), but add up to 215 days in total over 5 years.

I found this response from UKBA posted on a website:

http://www.whatdotheyknow.com/request/i ... o_remain_2

"Any absences other than paid annual leave or necessary business trips
should not exceed 3 months at a time or 6 months in total over the 5
year period.

However, if there were exceptional compassionate or compelling
circumstances relating to why you would need to leave the UK for a
prolonged period, this would be taken into consideration by the
settlement caseworker - although we would be unable to guarantee the
outcome of such an application."

From this UKBA email, I would say the 6 months in total EXCLUDES paid annual leave!

Can anyone comment please?

###
IND Public Enquiries

3 November 2009

Dear Sir/Madam,

Thank you for your enquiry.

If you are a work permit holder, the earliest you may submit an
application for Indefinite Leave to Remain is up to 28 days before the
completion of your 5th year. Please note, if you entered the UK more
than 28 days after the start date of your Entry Clearance, you will need
to apply for an extension in order to qualify for Indefinite Leave to
Remain.

The five year qualifying period for Indefinite Leave to Remain on the
basis of Work Permit Employment is considered to have started:

On the date when you entered the UK with your Immigration Employment
Document, issued by Work Permits, and Entry Clearance as a Work Permit
Holder, or

On the date when you were issued with both your Immigration Employment
Document from Work Permits and Further Leave to Remain on the basis of
the Immigration Employment Document. If these were issued with
different start dates, the later date would be applicable.

One of the main requirements relating to settlement on the basis of Work
Permit Employment is that the applicant has spent a continuous period of
five years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid
annual leave or business trips that are necessary due to employment
commitments. If the absence from the UK is during a period of unpaid
leave, it is not discounted and will be used in calculating absences
when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips
should not exceed 3 months at a time or 6 months in total over the 5
year period.

However, if there were exceptional compassionate or compelling
circumstances relating to why you would need to leave the UK for a
prolonged period, this would be taken into consideration by the
settlement caseworker - although we would be unable to guarantee the
outcome of such an application.

If your application is refused you will need to apply for further leave
to remain under Points Based System Tier 2 - Skilled Workers.

The UK Border Agency must be satisfied that the applicant has spent a
continuous period of 5 years in approved employment.

In order to apply, you will need the application form SET(O) and
guidance notes which can be downloaded from the UK Border Agency website
at: www.ukba.homeoffice.gov.uk. All details and instructions are
included with the form.

Please note, you will be required to demonstrate knowledge of language
and life in the UK. Please visit the UK Border Agency website for
further information.

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency

If you intend to reply to this email please ensure that you re-send all
the information from your original enquiry.
###

180 days outside UK will still apply and includes ' all absences from UK'. For your ' sickness absence' you should have documentary evidence that it was essential for your condition.
Best to apply at PEO and take your chances, as this is upto the case worker

Best wishes

gidoc wrote:180 days outside UK will still apply and includes ' all absences from UK'. For your ' sickness absence' you should have documentary evidence that it was essential for your condition.
Best to apply at PEO and take your chances, as this is upto the case worker

Best wishes

I got that we have to declare absentees our own in ILR but how UKBA will cross verify that data with their absentees information as i think they maintain no information for Exitees.

ok fair enough. I do have a letter from the NHS surgeon encouraging treatment overseas.

Are there any report of the case worker being lenient in similar cases?

Thanks for your help!

alipa wrote: I got that we have to declare absentees our own in ILR but how UKBA will cross verify that data with their absentees information as i think they maintain no information for Exitees.

I guess you could ask UKBA for clarification on how they verify this data by sending a freedom of information act request?
http://www.ukba.homeoffice.gov.uk/navigation/foi/