ILR Success at Solihull PEO 12-Feb, Tier 1, 186 Days Absence

[SU2012]

Hi Friends,

By the Grace of Allah, I was granted ILR on 12th Feb at Solihull. Solihull had been voted the best PEO in this forum and I was certainly not disappointed. The staff are friendly , professional , efficient and very helpful. I am very grateful to this forum where I could get all my doubts and queries clarified. Sincere thanks to Senior members of the forum especially cs95tdg, gaboon_wiper and wpilr_nov12 for their advice and encouragement. Without information from this forum, I would not have been so confident and well prepared for my interview.

No of applicants :- Main + 1 Dependent
Visa Type :- WP (1 Yr) + Tier 1 (4 Yrs)
Status : Employed with same employer for all 5 years
WP Stamped date - 21-Jan-2008
Date of first entry : 8-Mar-2008
Tier 1 Date : 6-Apr-2009 till 6-Apr-2012
Tier 1 Extension : 14-Apr-2012 till 14-May-2014
Total absences : 186 (106 paid + 80 unpaid)


I had taken all the documents with me but I had waited for caseworker to ask for the documents one by one. The following was the order in which the caseworker went

1. Application Form (went through all the pages, stopped and looked at earnings and absences pages in particular)
2. Passports (Ran some checks on the system with the passport)
3. BRP cards
4. Life in the UK pass letter
5. 12 months Bank statements
5. 12 months payslips

She did not ask any further documents or the photocopies. I did not provide anything else. She spent a lot of time verifying the earnings. I get two components in my pay, an Indian salary and UK component. Both are deposited in my UK account. As per the Tier 1 guidelines, I had used the exchange rate on the last day of my earning period (Jan - Dec 2012, so 31-Dec-2012). However, she mentioned that I need to use the exchange rate of each month when my salary was credited in UK. Convert each month indian salary in to UK currency and then sum it up for total earnings. God bless her, she did this patiently for all 12 months. I was worried that she may not do it immediately and would ask me to come back or apply by post. But she did it and the earnings came 400GBP more than what I had calculated. She asked me to correct it on the form which I did. Another thing that I was caught by surprise was Maintenance funds. I know that ILR does not require maintenance fund. But she asked me if the same bank account can be used for checking Maintenance fund. I said "Yes" as there was money in the account. Basically for both the points I did not argue or explain as she was working anyway and I didnt have any issues with both.

There were few things that I was worried in particular which did not matter as below

1. During the first year spent as WP holder, I had taken 9 days off. She did not ask for any proof.
2. One of the absence during my Tier 1 period was for 86 days for Business trip. I had not taken any employer letter with me. I knew she ideally should not ask me proof but was worried. I was quite relieved when she did not ask any question.
3. The earnings period I showed was from Jan - Dec 2012. I was worried that she may ask for latest payslip Jan-2013. She did not ask for same.
4. She did not ask a single explanation for any of the absences. My absences and reasons stated were below

Trip Date Left the UK Date Returned to UK No of Days Reason for absence
1 16-May-08 25-May-08 9 To Visit family in India
2 25-Apr-09 10-May-09 15 To Visit family in India
3 16-Jan-10 08-Feb-10 23 To Visit family in India
4 15-Jun-10 06-Sep-10 83 Business Trip
5 17-Mar-11 09-Apr-11 23 To Visit family in India
6 25-May-12 11-Jun-12 17 To Visit family in India
7 03-Sep-12 16-Sep-12 13 To Visit family in India
8 15-Nov-12 18-Nov-12 3 Holiday to Dubai

I wish all the very best to people applying and would encourage them to look at this forum and posts their queries/questions here. I had looked at countless threads and this forum has answers to all your questions. If you search patiently, you can find cases with exact scenarios as yours that will clarify your doubts or atleast give an idea as to what is happening currently.

[Gagan1986]

Congrats. Good few points to be noted for members who wish to apply in future

[Kevin24]

Congratulations. Points noted. Hopefully you will be taking out the 3 Senior Members you mentioned for a delicious and grand dinner. All the best .

[SU2012]

Thanks Gagan1986

Thanks Kevin, I would love to treat them if they want to come

[mptj]

Hi SU2012

many thanks for sharing all the details. I am planning to apply for ILR and my case is similar like yours. Out of total 05 years qualifying period, initial 14 months spent on WP and rest on Tier1+Tier-1 ext. and i have less than 180 days absence in total of 05 years.

My absence of <180 days outside UK is mainly due to family visit (break up: 39 days absence while I was on work permit and rest during Tier1 category) as per my understanding I do not need any proof of absence while on Tier1 category but for 39 days absence (while on WP) I do not have documented proof apart from stamp on my passport.

So please advice.

Best regards,

M

P.S.: All gurus are also kindly requested to provide valuable input on this

[SU2012]

Hi Mptj,

Dont worry. If majority of your time is spent on Tier 1 , they will not ask for proof of absences. Also, since your absences in total is less than 180 days in 5 yrs, I dont think they will bother much. If you spent 39 days on work and can have a proof from employer take it, otherwise dont mind. I believe its not an issue at all for your case. Try to book Solihull PEO if you can. The staff there are more friendly and more inclined to give you ILR rather than refuse

All the Best !

[cs95tdg]

Congrats SU2012!

mptj, regarding your WP period absences I'd agree with SU2012. The official UKBA response to my enquiry was that you would need a letter to confirm them, but as in this case, I too was not asked for this letter on the day (even though I applied with residence as WP+T1G+T1G with absences under both - small in number) so it was not required.

I suspect that the significance of this letter will depend on the number of absences you have while on a WP/T2 (employer sponsored immigration period), but as your WP absences are small in number, I personally doubt you will have any issues.

[mptj]

Hi all

many thanks for your kind responses. Please advice in case if i wish to take a proof what are the options?

Many thanks for helping me out.

Regards

M

[cs95tdg]

Please advice in case if i wish to take a proof what are the options?

If you do intend to submit documentation to confirm your absences while you were on a WP, what would be is required is a letter from your employer confirming your absences. No other proof is necessary.

[mptj]

Thanks for the kind help you all, will keep you posted on the progress.

Best regards

G

[dks100]

Congratulation,

Need the help from your experiance. Had you mentioned your absence more than 180 as yes in the set(O) form and also the reason in space provided in Set(O) form.

Thanks

[SU2012]

Thanks dks100. As my absences did not cross more than 180 days in any calender year, I mentioned as "No" in Set O Form and did not give any reason or proof for absences.

[mptj]

Dear all
I am Form SET (O) applicant
Thankfully I managed to book PEO appointment on 22 March and more or less ready with all docs. Please advice what should I include in regards to 11L of Section 11-documents.
I have arranged the following:
Cover letter
Duly filled SET (O) form
02 photos
salary slips+current Employer letter+ Bank Statments (05 years)
Letter from HMRC (five years)
annual leave letter from previous employer for one year (work permit duration)
Life in the UK test

Kindly advice if i am missing anything and also please clarify on 11L requirements.

Best regards

G

[SU2012]

mptj,

Your document lists seems fine. I believe you are on a combination of WP (1 Yr) + Tier 1 . The list you have mentioned will suffice for earnings (assuming you are employed).

Regards
SU

[mptj]

All Gurus and members

Many thanks for your advice, my application been approved and I have got my ILR . I reached center on time, been called once for application validity, second for Application Fee and third for document verification. The Caseworkers were extremely nice and supportive and since I went with my family so they were trying to keep the process lot easier.
Overall it took 04 hours in the entire process, and within 03 days from the date of appointment I also received my BRPs.

If anybody wish to know any details about the process, please feel free to ask.

Best regards

G

[Nim2013]

[b] Hi to All Gurus and Members ,

I received my HSMP approval Letter on September 2008 then after I submit my application to entry clearance and granted Tier-1 General visa on 24th April 2009 for 03 years , I arrived UK on 6 July 2009 I processed my NI registration but unfortunately within 40 days I went back to Pakistan Because my 05 year old Daughter (angel) had a Road accident she had a Head Injury she survived only 07 day she died on 23 of August 2009 Hence I was mentally disturbed my wife was Hypertensive Patient she became seriously ill and during this period my wife became again pregnant due to her health issue i stayed with her after 8 month she deliver a boy i was very happy that God gave me substitute of my daughter but I think God Love him more than me hence my son died on 24th March 2010 again me and my wife went into the severe mental and emotional condition but after 07 months I decided to took my wife and Rest children to UK then I submitted my dependent application and granted Dependent visa on October 2010 Finally I arrived UK on 23 NOV 2010 .

I applied my Tier-1 Extension with dependent on May 2011 and granted for 02 years till June 2014.

The Moral of the story is that I have spend 15 months from 17-08-2009 to 22-11-2010 in Pakistan due to the above stated reasons but after that i went outside UK twice for 15days consecutively.

I am looking a supportive advice that my visa period of 05 years is going to complete in June 2014 but I spent 15 months outside Uk due the death of two children one after one .

am I eligible to apply for ILR or not or may apply for another extension whereas I have all the medical proof Hospitalization reports and death certificates I consulted with one solicitor he stated that i can apply ILR but i am still confuse Kindly guide me what should I have to do.........?

[vivdubes]

Congratultions for yor ILR,

Could you tell me did you get the same earning points which you get in your previous intial tier 1 application?

Many thanks

[newbeee]

Hi,
I am on tier1 general visa and going to apply for ILR in end of june-2013.
I got only 110 holidays in last 5 years,
my question is Is it necessory to provide employer letter for holidays(paid annual leaves) from employer?
or i can put only my payslips according to holidays i have taken?

thanks,