ILR Application & Few General Queries

[mytier123]

Dear Forum members and Experts,

I'm a Tier 1 (General) visa holder who has completed 5 years and preparing to apply for ILR (SET O) along with wife and son in early August. I have been going through some topics on this forum which have been very helpful. I have following questions on the application and some general queries. Please accept my apologies if the same questions were answered in other threads. Appreciate if these queries can be clarified.

1) Evidence for absence in section 6.3 page 14. Most of my absences were personal vacation/holiday.Will the arrival and departure stamps in the passport be sufficient ? or any other evidence needs to be provided ? Obviously I don't have all the tickets/itenaries I travelled but I do have from last 2 years. Would this be a huge concern ?

2) Please, can the difference between section 6.2 and 6.11 be clarified ? Does both these sections needs to be filled ?

3) My wife will be completing 2 years stay (+ another 5 days) when we attend our appointment for premium service. She went on holiday and was away for 80 days for a holiday to India (still she completes 2 years overall in spite of this holiday) recently. We have her ticket and boarding pass as an evidence of her travel. Is there any other proofs related to co-habitation I would need to attach for this time she was away from UK ?

4) I guess there isn't any limitation for number days a dependent being outside UK as long as the 2 years stay in UK criteria is met ? Please confirm whether this is correct ?

5) In some of the threads in ILR forums, some applicants were mentioning about employment proof letter from HMRC ? Please, may I request some guidance on the process to get this ? Is it as simple as calling HMRC and ask for "Last 5 years Employment Proof Letter "? Do they give this letter within 3 weeks ?

6) Is there any other information that letter from employer should carry other than name, role, pay and date of joining ?

Thanks

[mytier123]

Dear members/experts,

Appreciate your feedback on the queries above.

Thanks

[ganeshptrk]

My comments
1. Yes you need to provide a letter from your employer for all the absences that you were out of UK. Even though the absences work related or personal. Flight tickets/boarding passes are not required. Stamps in the passport are not sufficient.
2. 6.11 is applicable only if you have ever stayed in one of the Crown dependencies. If you have never stayed, then leave it blank. 6.2 is required in all cases
3. For proof of cohabitation, see this: http://www.immigrationboards.com/viewto ... c1884feca7
4.Correct
5. I am not aware of any such letter. As long as you submit payslips that is enough.

[shuttlespy]

Dear Forum members and Experts,

I'm a Tier 1 (General) visa holder who has completed 5 years and preparing to apply for ILR (SET O) along with wife and son in early August. I have been going through some topics on this forum which have been very helpful. I have following questions on the application and some general queries. Please accept my apologies if the same questions were answered in other threads. Appreciate if these queries can be clarified.

1) Evidence for absence in section 6.3 page 14. Most of my absences were personal vacation/holiday.Will the arrival and departure stamps in the passport be sufficient ? or any other evidence needs to be provided ? Obviously I don't have all the tickets/itenaries I travelled but I do have from last 2 years. Would this be a huge concern ?

2) Please, can the difference between section 6.2 and 6.11 be clarified ? Does both these sections needs to be filled ?

3) My wife will be completing 2 years stay (+ another 5 days) when we attend our appointment for premium service. She went on holiday and was away for 80 days for a holiday to India (still she completes 2 years overall in spite of this holiday) recently. We have her ticket and boarding pass as an evidence of her travel. Is there any other proofs related to co-habitation I would need to attach for this time she was away from UK ?

4) I guess there isn't any limitation for number days a dependent being outside UK as long as the 2 years stay in UK criteria is met ? Please confirm whether this is correct ?

5) In some of the threads in ILR forums, some applicants were mentioning about employment proof letter from HMRC ? Please, may I request some guidance on the process to get this ? Is it as simple as calling HMRC and ask for "Last 5 years Employment Proof Letter "? Do they give this letter within 3 weeks ?

6) Is there any other information that letter from employer should carry other than name, role, pay and date of joining ?

Thanks

Hi

Regards absence you need to get advise from other senior members.

Regards calling HMRC, its very simple, I dont have the number at the moment but you can get it by searching HMRC website, call them and tell them you need your 'Statement of Account', reason: you need it for reconciliation purpose.

If you tell them that you need it for Visa purpose they will ask for a written letter so just tell them you need it for reconciliation purpose.

Hope this helps?

[mytier123]

Hi ganeshptrk and shuttlespy, thanks a lot for taking time to read my long queries and sharing your feedback.

ganeshptrk,
Regarding your answer to my question 1, I'm currently a permanent emp in a UK branch of a US based IT product based company. I'm working in this company since last 1 and half year prior to that I have worked in 3 or 4 different companies in last 6 years during my stay in UK. Getting letter for my absence from my current employer for my most recent holiday should be possible but I'm not sure how could I get this for my past travels during my tenure with past employers ? Any thoughts or suggestions please ?

shuttlespy,
Not sure what is "reconciliation purpose" means. Please excuse my ignorance. I believe I can use this reason while requesting even if I'm a permanent employee of an orgnaization and not a contractor (Director owning a company).

[leicester_boy]

hi mytier123,

I have been thinking about this question of UK absences for some time now and asked a few people but didn't receive any specific answer.

If you think about it - why would any employer confirm in writing that their employee was away for a holiday abroad to attend their sisters wedding or for a relaxation holiday in the Carribean?

I guess the following sentence on their letterhead would suffice - ''Mr X is currently employed with us and receives UK salary in case of any personal absences whilst abroad on his annual leave entitlement"

Also, when I look at the sentence right below the UK absences table on Form Set (O) it reads - "Evidence of all work-related absences (including paid annual leave) is required from those applying
under Tier 1 (General);........

It mentions about work related absences and not personal absences abroad.

Other senior forum members may throw some more light on this subject.

Regards,

--------------------------------
Getting letter for my absence from my current employer for my most recent holiday should be possible but I'm not sure how could I get this for my past travels during my tenure with past employers ? Any thoughts or suggestions please ?

[shuttlespy]

Hi ganeshptrk and shuttlespy, thanks a lot for taking time to read my long queries and sharing your feedback.

ganeshptrk,
Regarding your answer to my question 1, I'm currently a permanent emp in a UK branch of a US based IT product based company. I'm working in this company since last 1 and half year prior to that I have worked in 3 or 4 different companies in last 6 years during my stay in UK. Getting letter for my absence from my current employer for my most recent holiday should be possible but I'm not sure how could I get this for my past travels during my tenure with past employers ? Any thoughts or suggestions please ?

shuttlespy,
Not sure what is "reconciliation purpose" means. Please excuse my ignorance. I believe I can use this reason while requesting even if I'm a permanent employee of an orgnaization and not a contractor (Director owning a company).

Hi mytier123

You need to use the word 'Reconciliation' so that you get the employment history without any hassles otherwise they will ask you to write to them and this may take weeks and month. Reconciliation meaning, you need to cross check your contributions of Tax and NI as what' appearing on payslips/P60 is exactly what HMRC have on their records.

Regards Absences, seniors are right, you need to have a letter from employer confirming it was authorised, whether paid or unpaid and a brief reason of absence. This is mentioned on Set O form + guidance as well.

Hope this helps?

[yanik85]

Dear members,
Thank you for taking time to read through my post and for sharing similar experiences and advising me on what to do since i feel like im already going through depression.

My Case
I have applied for Set(m) on the 19/06/13 through post and didnt received an akno letter
Money taken from my account on the 24/06/13 and surprisingly i received my biometrics letter on the 2/07/13 dated 28/06/13 biometrics not yet taken.
Background
I am married to a british citizen and i was given 2years BRP in 2011 and my brp expired yoday so i sent my application for ILR
My problem is the following... in december 2012 i went to court for a drink driving case where i pleaded not guilty reason being that i was fleing an attack from a group of individuals after a night out and although police witnessed this on Cctv they stoped me 600 meters from the incident and were quick to breathelized me and ship me to the police station without giving me the chance to explain anything.
In court the judges found that there were actually evidence of serious attacks and that i was not intending to drink drive but was fleeing from serious harm.
But he also considered that i had other options like shout for help etc so they said they will not ban me but gave me a fine 150 and 10points to "teach me a lesson" they never asked for my driving license and i went home and im paying the fine normally.
and surprisingly dvla is reporting my license to be clean
When i filed my ILR form i ticked the box NO to the question do you have any criminal conviction because at the time i didnt genuinely understand that a fine from court would be classified as such and naively i didnt do proper checks in regards to my application for settlement.
The fact that they sent me my biometrics letter so quickly triggered a deep paranoia in me. so after further researchs i found out that i can be done for deception and that my fine is a mandatory refusal
Guys i dont sleep no more and i have lost appetite and dont know what to do
I have called a few lawyers and got conflicting responses. some are saying i should write a letter to the home office to inform them ASAP before i take my biometrics since they will check my finger prints against police records..... others are saying to wait and see until they make a decision since i can make matters worse by sending a letter. and said if refusal i should just appeal so i should keep quiet wait and see ......and some are saying that they have already found a grounf for refusal thats why i got my biometrics letter so quick and they just want to get my biometrics so they can send me a refusal letter....

Please tell me what is what? also they all are keen to charge me a fee to represent me and money is not easy for me after spending so much just to apply.

Please can anyone advise me on what to do? if i send a letter explaining the circumstances of my offence and apoligize for not mentioning it would that make a difference? is it possible for the case worker to grant me ILR on discretionary basis?

please HELP!! If anyone has been in similiar situation please can you share your experience?

you might be saving a genuine applicant life please do not hesitate to respond would be very much appreciated...
Sorry for the long post and God bless you all....

[Amber]

Dear members,
Thank you for taking time to read through my post and for sharing similar experiences and advising me on what to do since i feel like im already going through depression.

My Case
I have applied for Set(m) on the 19/06/13 through post and didnt received an akno letter
Money taken from my account on the 24/06/13 and surprisingly i received my biometrics letter on the 2/07/13 dated 28/06/13 biometrics not yet taken.
Background
I am married to a british citizen and i was given 2years BRP in 2011 and my brp expired yoday so i sent my application for ILR
My problem is the following... in december 2012 i went to court for a drink driving case where i pleaded not guilty reason being that i was fleing an attack from a group of individuals after a night out and although police witnessed this on Cctv they stoped me 600 meters from the incident and were quick to breathelized me and ship me to the police station without giving me the chance to explain anything.
In court the judges found that there were actually evidence of serious attacks and that i was not intending to drink drive but was fleeing from serious harm.
But he also considered that i had other options like shout for help etc so they said they will not ban me but gave me a fine 150 and 10points to "teach me a lesson" they never asked for my driving license and i went home and im paying the fine normally.
and surprisingly dvla is reporting my license to be clean
When i filed my ILR form i ticked the box NO to the question do you have any criminal conviction because at the time i didnt genuinely understand that a fine from court would be classified as such and naively i didnt do proper checks in regards to my application for settlement.
The fact that they sent me my biometrics letter so quickly triggered a deep paranoia in me. so after further researchs i found out that i can be done for deception and that my fine is a mandatory refusal
Guys i dont sleep no more and i have lost appetite and dont know what to do
I have called a few lawyers and got conflicting responses. some are saying i should write a letter to the home office to inform them ASAP before i take my biometrics since they will check my finger prints against police records..... others are saying to wait and see until they make a decision since i can make matters worse by sending a letter. and said if refusal i should just appeal so i should keep quiet wait and see ......and some are saying that they have already found a grounf for refusal thats why i got my biometrics letter so quick and they just want to get my biometrics so they can send me a refusal letter....

Please tell me what is what? also they all are keen to charge me a fee to represent me and money is not easy for me after spending so much just to apply.

Please can anyone advise me on what to do? if i send a letter explaining the circumstances of my offence and apoligize for not mentioning it would that make a difference? is it possible for the case worker to grant me ILR on discretionary basis?

please HELP!! If anyone has been in similiar situation please can you share your experience?

you might be saving a genuine applicant life please do not hesitate to respond would be very much appreciated...
Sorry for the long post and God bless you all....

Continue in your other thread

[mytier123]

Thanks shuttlespy. I will give a call to HMRC on Monday and try my luck.

Hi Leicester_boy,
You exactly echoed the dilemma and doubt I was in. By further churning this forum. I found an interesting post http://www.immigrationboards.com/viewtopic.php?t=125765

If we notice the reply from db83 on "Tue Feb 19, 2013 11:56 am", it clarifies that Tier 1 doesn't need to show proof of absences (unless they were compelling or compassionate). In my case most of my holidays were for personal reasons (yearly family visits, family events etc.,) so it appears this visits outside UK need not be provided with proof. However, I would briefly explain the reason for the visit in my covering letter.

The above mentioned response from db83 answers most of my question. Bu, In my case, I came to UK on work permit on 22/07/2007 and got my tier 1 in Nov2008. I have 7 days of absences between Jul-2007 and Nov-2008 whilst I was on work permit. These seven days were my personal holidays. I left this employer in 2009 and it is been 4 years now. Not sure, how practical or reasonable to request this letter from that employer ? It is an Indian MNC IT company. Did anyone had such situation ? If so, appreciate your guidance/experience?

[mytier123]

Hi db83,

Congrats on your successful ILR application.

I'm writing this in response to your reply on "Tue Feb 19, 2013 11:56 am".

"32 days absence acknowledged by the employer as annual leave/.
The other 130 days as Tier 1 doesn't need any proof unles they were compelling or compassionate.

There are hundreds of such posts in this forum answered by Gurus and moderators. Please search and read them"

In my case, I came to UK on work permit on Jul-2007 and got my tier 1 in Nov2008. I have 7 days of absences between Jul-2007 and Nov-2008 whilst I was on work permit. These seven days were my personal holidays. I left this employer in 2009 and its been 4 years now. Not sure, how it works to request this letter from that employer whom I left nearly 4 years ago ? It is an Indian MNC IT company. Appreciate your suggestions.

Dear other members,

Appreciate your thoughts. If there are any existing forums where there is a similar situation , please guide.

Thanks