More than 90 days outside UK - ILR Query

[srk2012]

Hi, I first came to UK in Nov 2007 and I'm about to complete five years. I'm thinking of applying for ILR. But my solicitor told me my application is tricky due to absences abroad. Below is my case

Visa 1 - Work Permit (Intra Company Transfer)
Sep 2007 - Sep 2009
Arrived in UK - Nov 2007
Departed UK - Feb 2009
Worked in India for the same company, got paid in INR. Was asked to apply for another visa (details below) before coming back to UK. Came back to UK on June 2009. Gap of [b]119[/b] days totally.

Visa 2 - T2 IntraCompanyTransfer (Long Term)
May 2009 - May 2013
Came back to UK in June 2009 and has been on the above T2 ICT Long Term since then.

When I combine my old WP and T2 ICT (Visa 1 and Visa2) above, I complete five years now in UK (with a gap of 119 days in India on India Payroll). I have been working for same company and same client. What should I do to convince UKBA for my 119 days gap for official reasons (training)?

Am I elligible for ILR now or in May 2014 only? Please advise.

[uksettlement]

U are eligible now but obviously need strong justification regarding the absence abroad. Nature of the trip, why was it necessary, did you continue to be based in uk even though your salary was paid in India, also consequences for u and the company if the trip didn't happen etc

[wpilr_nov12]

Statistically UKBA has been taking 90+ days continuous absence more seriously than the 180+ total absence. But this does nor necessarily prove anything.

[srk2012]

Will my chances increase if I apply by post ?

[wpilr_nov12]

If your application can tick all the boxes, it doesn't matter how you apply. Even if not, it still does not matter.

[srk2012]

If I submit my ''Rental Agreement'' with a letter from my landlord that I was occupying his apartment during that period and a letter from company that my travel was essential along with my India Payslips during that period, will that be enough?

Should I also submit my UK bank statements during that period? I'm a bit sceptic about that as it would show that I wasn't paid in UK at that time.

Should I apply through an Immigration lawyer?

[wpilr_nov12]

If I submit my ''Rental Agreement'' with a letter from my landlord that I was occupying his apartment during that period and a letter from company that my travel was essential along with my India Payslips during that period, will that be enough?

Should I also submit my UK bank statements during that period? I'm a bit sceptic about that as it would show that I wasn't paid in UK at that time.

Should I apply through an Immigration lawyer?

A rental agreement is a document to show a future arrangement, but not an assurance of adherence to that at any point of time during that 'future' period.

Bank statement shows money movement over a course of time. Hence a better and preferred document.

[geriatrix]

See also 245AAA(b) (given under paragraph 116 of this document).

[srk2012]

Hi,

My company's HR says that my continuous residence was broken when I applied for a fresh in India. The UK Border Agency will consider the fresh visa as start date leading toward residency

Does that mean I'm eligible only in 2014 as per my visa 2 and not now?

I had a valid leave to remain when I left the country in 2009 January.

[srk2012]

[quote="srk2012"]Hi,

My company's HR says that my continuous residence was broken when I applied for a fresh in India. The UK Border Agency will consider the fresh visa as start date leading toward residency

Does that mean I'm eligible only in 2014 as per my visa 2 and not now?

I had a valid leave to remain when I left the country in 2009 January.[/quote]

Can I show any UKBA Rules document to my HR so that she is convinced that I'm eligible? This is needed for getting reference letter.

[sss123sss]

If you have reapplied your Visa in India within the existing valid visa, then your continous is not broken.

[salf27]

Hi srk2012...did you have a gap in your visa as well ??

[srk2012]

No I don't have a gap in the visa.

[srk2012]

After long struggle, I have rec'd a Reference letter from my company's immigration team stating
My salary
My date of first entry
My designation
No.of leaves that I'm entitled per year

I have also rec'd a letter listing out the holidays I have taken

But the issue is she has just mentioned the 119 days trip that I undertook to India as ''Business Trip''. She has asked me to get a mail / letter from my manager stating why that trip was necessary. Will these documents be enough convince case worker?

Should I ask her to state something more in the absences letter? Please help.

[wpilr_nov12]

From the first time you posted your question, rules on absences have changed.

Old rule of 90 day absence is removed from the new rule.

New rules: No absence of more than 180 days in any 12 month period, counting backward from the date of your application.

Please read the revised SET O form for the documentary requirements of the new rules on absences.

[srk2012]

Thanks for your detailed advice. Saw this post in our forum

The below given document is also clearly stating that absences letter from employer is mandatory for T2-ICT.

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

7.4 Specified Documents – Absences from the UK

Evidence of all work-related absences is required from those applying under Tier 2 (Intra-Company Transfer).

For work-related absences, the applicant must provide letter(s) from employer(s) detailing reasons for absences - including periods of paid annual leave.

For absences due to compelling or compassionate reasons, the applicant must provide a letter, detailing the reasons for their absence. They must also provide official documents such as medical, birth or death certificates.
------------------------------------------------------------------------------------------
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245GF. Requirements for indefinite leave to remain
245GF-SD Specified documents

B. A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.

In this case, will a letter from my manager (may not be in the company letter head) be enough along with the letter which the HR gives stating that as a ''Business Trip''?

[srk2012]

New rules: No absence of more than 180 days in any 12 month period, counting backward from the date of your application.

Say for eg, if I book an appointment on the 31st of March and count backwards, will my gap of 119 days (between Feb 2009 and May 2009) be divided in two years as 59 and 60 days instead of 119?

Please do let me know your thoughts

[uksettlement]

Say for eg, if I book an appointment on the 31st of March and count backwards, will my gap of 119 days (between Feb 2009 and May 2009) be divided in two years as 59 and 60 days instead of 119?

Please do let me know your thoughts

That's correct!

[srk2012]

Thanks for the reply, any thoughts about the letter?

[uksettlement]

No letter is needed if you are on tier 1 as per the rules.

[srk2012]

I'm on Tier 2 ICT. I want to know if the letter provided by HR is enough. I have given the template above.

[uksettlement]

It looks like it shld be ok. I wld urge you to share the letter once you have a draft of the same so members can feedback on the same.

[srk2012]

Please find the Template of the letter I have got. Please do let me know if this will be enough. Please note that the absence I had (119 days) is just mentioned as business.

------------------------------------------------------------------------------------
Dear Sir/Madam,

Name: srk2012
Nationality : My nationality
Date of birth: My DOB

<CompanyName> is a leading provider of information technology, consulting, infrastructure and business process outsourcing services with over xxx clients spread across 5 continents in every major industry.

We write in support of srk2012's application for ILR in the UK. Srk2012 first entered the UK as a WP holder on 12th Nov 2007 to commence work with Cognizant Technology Solutions.

We confirm that srk2012 is currently employed by us as a <designation> and will continue to be employed by us for the foreseeable future. We further confirm that srk2012 is paid an annual salary of ''£££££'' per annum at xx.x hours per week which is consistent with the appropriate rate (SOC Code xxxx)

During the period in the UK SRK2012 has taken paid annual leave in line with his annual leave entitlement of 20 days per year and in line with company policy he may carry over 5 days per year.

If you have any queries please do not hesitate to contact me.

SIGNATURE

---------------------------------
Page 2

Date of First Entry 12/11/2007

Travel Dates
Out of UK ***** Travel Dates Into UK *****Destination***** Business \ Personal
22/03/2008***** 24/03/2008--- France === Personal
19/12/2008***** 01/01/2009--- India === Personal
01/02/2009***** 31/05/2009--- India === Business
17/06/2010***** 05/07/2010--- India === Personal
22/06/2011***** 04/07/2011--- Australia === Personal
16/10/2011***** 31/10/2011--- India === Personal

[alok_singh]

There is only 1 problem in your application which is below as mentioned in guidance notes.


And the following sub categories of the points-based system
 Tier 2 (Intra-Company Transfer)
 Tier 2 (General)
 Tier 2 (Minister of religion)
 Tier 2 (Sportsperson)
 Tier 5 International Agreement (private servants in diplomatic households granted under Rules in place before 6 April 2012 only).
Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.

to prove that your absence in India was related to your economic activity in uk . if you can get a letter from employer saying that when you went back to india if was already known that you will be returning back to uk and new visa applied because your stay was needed for longer duration .

day absence is not a problem but you can show that india trip was like short secondment to be done for business reason

[srk2012]

Is the letter that I have rec'd from my immigration team (given above) be enough or should I get a letter separately explaining my absence in India?