Queries about Section 6.1 and 6.3 of SET(O)

[vikramrajpal]

Hello,

Could someone please help me with the below queries. Many thanks!

SECTION 6.3
1. I have an absence (paid annual leaves) of a total of 179 days over the last 5 yrs. I heard that one doesn't need to submit evidence from employer in the case where absences are < 180. Mine are anyway spread across 5 yrs and aren't consecutive absences. Is that CORRECT in relation to rule change on 13th Dec?

2. While calculating absences should we subtract the day one leaves and the day one returns to UK. For e.g., date left UK is 1st Jan and date returned to UK is 5th Jan then actual absences from UK is 3 days (2nd/3rd/4th Jan). Could someone verify?

SECTION 6.1
1. Section 6.1 states, "When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based." I entered UK on 16th Apr'07 but was on paid annual business trip to India from 7th Oct'07 to 10th Feb'08. So I have booked a PEO @ Croydon on 13th Feb'13 considering that my qualifying period starts from 10th Feb'08 - 10th Feb'13. What should I put in Section 6.1, 16th Apr'07 or 10th Feb'08?

[cs95tdg]

1) To answer the question on whether an employer letter is required or not, you must first tell us what immigration category you will be applying for ILR under.
2) Yes, exclude the departure and arrival date when you calculate your absences.
3) If you want your ILR qualifying period to begin when you entered the UK on 10th Feb'08, then this is the date you should state as the answer to "When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.".

[vikramrajpal]

Thanks for your reply cs95tdg. I came here in the UK on a Work Permit in 2007 -2009, converted to Tier 2 ICT 2009-2011 and presently at Tier 2 ICT 2011-2013 which will expire on 24th Apr'13.

[cs95tdg]

As a Tier 2 ICT applicant, you will need an employer letter for all annual leave and business related absences irrespective of whether the number was within the allowed absence threshold. Additionally for any absences which were due to serious or compelling compassionate reasons you will need to submit a personal letter and supporting evidence as indicated below.

See Immigration Rules below:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

TIER 2 MIGRANTS

Tier 2 (Intra-Company Transfer) Migrants

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. Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.