The rule which caused a bit of concern for me was "If an applicant has absences from the UK, even though it is a paid annual leave, the applicant must provide evidences to support the reasons the applicant states for his/her absences. This could be in the form of an employment letter etc".
I went in to a panic mode when I saw a rule on 13th Dec policy guidance and the application form - because my previous employers were not ready to help me with any such letter and my PEO appointment was on 14th Dec.
I had everything else spot on for my ILR application since last 1 week and I was high in confidence about what I have for my application in terms of documentation after speaking to many people on this forum except for the absences reason thing that I came across on 13th Dec.
I used the same old Set (O) form 07/2012 and went for the appointment on 14th Dec and not the 12/2012 version. This was deliberate and to be able to bypass the Absences reasons evidence from employer) bit.
Also old forms were still allowed until 21 days more.
Called after 1 hour waiting - Questions from the case worker (Literally):
1. Whilst seeing all pages on the form, did you fill all the details necessary for your Set (O) application ? -
I said yes
2. When was your entry clearance ? - 4 years 11 months+ ? -
I said yes
3. Do you have any criminal convictions which resulted in court fines and imprisonment?
I said I have a FPN and another speeding offence - but NO court, no fine, no imprisonment, no disqualification. He said that should not be a problem.
4. Did you list all your absences from the UK in this period of 5 years ? Is any of it more than 90 days ? -
I just said yes I did and none of my absences are above 90 days single trip (And kept my mouth shut because I was really worried about the 'evidences they may seek to be attached that backs up the absence reasons we provide according to the new rules - but Strangely, I was not asked for it
)
5. He straightaway jumped to the documents part and told me I need a list of ORIGINAL DOCUMENTS ONLY if you can supply me, I'll see what we can do with your application
5.1 Latest three months Payslips and three month's bank statements highlighting the salary entries matching the payslips -
I gave it
5.2 Life in the UK for me and Spouse -
I gave it
5.3 Employer reference letter - SOC Code, salary, future employability blah blah -
I gave it
5.4 Photocopies of all pages in my passport -
I gave it
5.5 Photocopies of all pages in my spouse's passport -
I gave it
5.6 Cohab documents - I had 12 different documents - from 5 different sources.
He picked up 1 each from years 2010, 11, 12 - Only Originals.
(Electric, Water and Electoral roll). He asked for a council tax original but when I said I have online Council tax sheet, he said he can't accept photocopies. But still the above 3 from different sources and 3 years should suffice he said.
I was NOT asked any single question other than what I mentioned above - by the CW. I was told to go and sit in the waiting lounge. After 1 hr of sitting in the waiting lounge called for Biometrics. After 30 mins of it, was told to go out and come after 1-2 hrs outside and come back and collect the papers.
I am relieved it all worked as required today - I'm extremely thankful to the members on this forum. I may not be wrong in assuming that the CW applied discretion because the new rule stated it but I was not asked for the evidences in Q6.2 and 6.3
Other back up items i had but not asked for:
1. Letter from employer saying the payslips are authentic - but the CW did not notice that it was an online printed payslip. So you don't give something that is not asked for
2. Letter from most recent employer - with evidences matching my 'absences reasons' for the periods I worked for this present employer. But since I deliberately avoided coming across this question by filling in the OLD set (O) form, I spared myself the confrontation with the CW - if other absences reasons will also require letters from my previous employer, I would have gone in to an indefinite loop
3. All P60's, All Previous WP Copies
4. Evidences to prove that I was paid in the UK for all the absences I had in the last 5 years. (It's actually 5 trips in all and the total days are 84. Call me an idiot - but I also have every bank statement for the past 5 years since the day I am in the UK
)
5. NOT A SINGLE PHOTOCOPY was taken to my surprise.
Only the originals were taken.