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T1 SET(O) Section 9, question D2 and new rules for absences

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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ei
Newly Registered
Posts: 14
Joined: Sun Dec 23, 2012 11:46 pm

T1 SET(O) Section 9, question D2 and new rules for absences

Post by ei » Sun Dec 23, 2012 11:56 pm

Dear All,

After looking through the new guidance on calculating continuous stay in the UK, is there not a contradiction with question D2 of section 9 of form SET(O). The question asks about if one ever had a single absence of 90 days+ or more than 180 days in 5 years time. However, new rules say about 180 days in any 12 months period. I really hate to tick this box and give explanation in question D3, as I have 220 days of absences in total. Any thoughts would be greatly appreciated.

Thank you.

alok_singh
Member
Posts: 107
Joined: Fri Oct 28, 2011 3:50 pm

Re: T1 SET(O) Section 9, question D2 and new rules for absen

Post by alok_singh » Mon Dec 24, 2012 1:43 am

ei wrote:Dear All,

After looking through the new guidance on calculating continuous stay in the UK, is there not a contradiction with question D2 of section 9 of form SET(O). The question asks about if one ever had a single absence of 90 days+ or more than 180 days in 5 years time. However, new rules say about 180 days in any 12 months period. I really hate to tick this box and give explanation in question D3, as I have 220 days of absences in total. Any thoughts would be greatly appreciated.

Thank you.
I was excited when I saw the new guideline of 180 days and once I started filling the form came across this section of single absence of more than 90 days it seems that nothing has changed and very little of hope for applying ILR and going for Tier1 General 2nd extension .

Although I have a total of 354 absences and 1 absence is 165 days .
While I was away for 165 days I was getting salary paid in UK and per-diem. I was paying my phone contract and also my car insurance . I was living in shared accommodation so i put my stuff in self storage before travelling.

Do you think i stand any chance if apply for ILR. My employer is ready to give me letter stating following
1/ Trip was necessary to support business growth of company in region
2/ Due to good relation established with client it was not good idea to some one else for discussion with client
3/ Company had benefited with my presence during the period and as reward of good work I was given career progression


Would a letter like this can be convincing enough to apply for ILR with new rules of 180 days in calender month. I was also planning to apply in such a way that 165 days split in 75 and 90 days in 2 different year of 12 consecutive months. Since the year1 is calculated based past 12 months from the date of application.

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