Section 6 - 70 days unpaid leave - SET O - Tier 1 General

[momo_2013]

Hi All,

I have been a silent spectator of this forum. I must say that this a great initiative and kudos to the people who take time out to reply.

My case below:

On 6th September, I am applying for my ILR with SET O form as Tier 1 General at Croydon PEO.

During past 5 years, I have had quite a few annual holidays that do not exceed more than 30 days a year, and for which I do have proof (company letter, payslips) that can be submitted.

But during the period between 05 Januay 2010 and 15 March 2010 (70 days), I was away from the UK and went back to my home country, India. I had terminated my work contract before I went to India and was not employed during that period. So it was an unpaid holiday. But while I was there in India, I got a job offer to start work in the UK on 16th March and thus came back on 15th March.

I am not sure how do I describe this period while making the application and what proof do I submit as part of section 6.3. As during this period I was not employed and have not got any proof other than stamps on the passport. Even though I have not exceeded 180 days in a year, would 70 days not count as substantial time away ?

There have been many similar threads but I wanted to be a bit more sure before I make the application. If you feel that some other thread may answer my quetion, please feel free to point me in that direction.

Your help is highly appreciated.

Many Thanks

Mo

[momo_2013]

any replies gurus - Amber, Shweta ?

[Amber]

If your absences are less than 180 days you shouldn't be questioned about them, perhaps just put it down as an annual holiday.

[momo_2013]

Many Thanks D4109125!

So in this case I would not tick any box in 6.3 and leave it blank. Hope that's ok to do ? as many people on the forum have done the same. Or would it be easier to submit evidence for all other holidays except this one. Please advice.

Lastly, before this 5 year Tier 1 General visa, I was on PSW and student visa. Would it be ok to submit just the passport that contains the visa entries. Or would I have to re submit all the documents I submit as part of coverting student visa to PSW and PSW to Tier 1 ?

Please advice.

Many Thanks!

[Amber]

The period in question is the qualifying period of 5 years. You should take the evidence you have of the absences though I would be surprised (very) if they asked to see it.

[momo_2013]

The period in question is the qualifying period of 5 years. You should take the evidence you have of the absences though I would be surprised (very) if they asked to see it.

Thanks once again!

Sorry second part of my question was confusing.

I meant to say that I entered the UK on a student visa and then converted into Post Study Work. As part of section 11 L, which states:

For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met
the relevant requirements of the immigration rules.

Do I have to submit any documents for student visa and PSW.

Please advice!

[momo_2013]

The period in question is the qualifying period of 5 years. You should take the evidence you have of the absences though I would be surprised (very) if they asked to see it.

Thanks once again!

Sorry second part of my question was confusing.

I meant to say that I entered the UK on a student visa and then converted into Post Study Work. As part of section 11 L, which states:

For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met
the relevant requirements of the immigration rules.

Do I have to submit any documents for student visa and PSW.

Please advice!

I was referring to this part of the question:
Lastly, before this 5 year Tier 1 General visa, I was on PSW and student visa. Would it be ok to submit just the passport that contains the visa entries. Or would I have to re submit all the documents I submit as part of converting student visa to PSW and PSW to Tier 1 ?

Although I have now got clear understanding of the days absent from the country query. If you could please help me with understanding 11L of the SET o Form that I mentioned above, I would really appreciate it.

Many Thanks Amber and other gurus.

Mo

[momo_2013]

Replies from anyone, greatly appreciated.

Many Thanks!

[momo_2013]

Anyone ?

Please take the pain of answering, probably, my only remaining query.

Many Thanks

[newbie_2013]

Anyone ?

Please take the pain of answering, probably, my only remaining query.

Many Thanks

11L is to do with all the visas considered to be qualifying for ILR. It is specifically for some one who is on a different 'ILR qualifying' visa eg: HSMP, etc. This question has nothing do to with your earlier non-ilr visas like post-study/student, etc.

[momo_2013]

Many Thanks.

That answers all my questions.

Hope to post my experience at Croydon PEO in 10 days time.

Mo

[momo_2013]

Hi All,

I just received my ILR today at PEO Croydon. Thanks to some really helpful people on this forum, especially sushdmehta and Amber. I have been helped a lot by some very helpful posts by many people. Thanks All!!!

My case and experience below:

Tier 1 General migrant for 5 years applying for ILR on SET(O) form.

Documents submitted:

1. SET(O) form with a cover letter explaining the documents submitted.
2. Section 4 - Life in the UK certificate
3. Section 5 - Last 3 months personal bank statements, letter from employer stating my employment and salary I receive(not mandatory)
4. Section 6 - Absences. I submitted letters from employer(s) for paid annual holiday. Note: I did not provide any document for 60 days holidays I took while I was unemployed and wasn't asked for any proof. sushdmehta and Amber thanks for clearing my doubts. I mentioned annual holidays for all my absences in the sub section 6.2 on the form, even for the unpaid holiday I mentioned above. I also did not provide any explanation for the absences on cover letter, just mentioned the documents attached. Kept it very simple. I ticked "Letter from employer for annual leave... " in 6.3.
5. Section 8 - Two identical passport pictures with full name on back.
6. Section 9(9A-Tier 1 General): I am in full time employment, so submitted online payslips(12) with a letter from employer for genuineness and personal bank statements for past 12 months. I also attached result from points based calculator.
7. Section 10 - Biometric residence permit.
8. Passport
9. Photocopies of 2-8, except photos and form.

Appointment

Location: Croydon PEO
Appointment time: 8.10 am
Taken in: 7.30 am (ground floor)
Security: 7.40 am (ground floor)
Form and appointment letter check: 7.45 am (ground floor)
Payment taken: 7.50 am (3rd floor)
Case registered: 7.55 am (3rd floor)
Biometric : 8.02 am (3rd floor)
Case went for consideration from here on.
Documents to be collected: 8.40 am (3rd floor)

Excellent service at Croydon PEO.

I hope this helps.

Many Thanks,
Mo

[ISingh2008]

If your absences are less than 180 days you shouldn't be questioned about them, perhaps just put it down as an annual holiday.

Hi All,
I have a similar query. I have 169 days Unpaid leave Out Of UK in one of the 12 consecutive months. This was when I Resigned from my job and went back to India due to some family matters (Not compassionate!). But then I came back and Joined another job and have been working ever since.
Since this is quiet a long UNPAID leave, can it be an issue when I apply for my ILR (Which is due next month)? Though I understand that it falls within the 180 days absence which is allowed by HO within a consecutive 12 months period.

My Total days out of UK is approx 370 in the last 5 years. In any One of these 5 years, the days out of UK never exceeded 180.
Apart from the above 169 all others are annual leaves taken from time to time. I have always been employed while in the UK.

I would really appreciate your kind advise on this.

Many Thanks

[Amber]

Shouldn't be an issue as it's <180 days.

[ISingh2008]

Shouldn't be an issue as it's <180 days.

Thanks Amber.

[Shace]

Hi Mo,

I am in a similar position as you, I have 89 days unpaid holidays in my 1 st year of tier 1.
I am planning to apply for ILR in Apr 2014.

just to confirm did you mention annual holiday for the long break you took(60 days)?

i am still not sure what to fill in for the 89 days i took in the 1st year?

shace

[iubus2005]

Hello all / Amber,
I have a similar issue. I have ~250 days of absence in a single calendar year (two parts of ~125 days each, with 10 days in UK in the middle). Based on the potential timing of my ILR, I will be able it will be less than 180 days in any given 12 months (and no single absense of >180 days). However, given that the two long absenses are so close in timing, will that be an issue? (I was not out for paid vacation or a compassionate reason -- I was just visiting wife/ young kids to spend time with them, and help them process their dependent visa / move to UK.)

[iubus2005]

He All,
Can any seniors / Amber please help? It seems that the group is getting less and less active on general. Thank you for all the help.

Cheers.

[ISingh2008]

Hi,
There will be no issue. Just plan your ILR application date so that you dont exceed 180 days in any of the 5 years prior to the application date...
If the your days out are less than 180 in any of the years, the HO will not question at all...they wont ask if it was for business purpose or compassionate....
They only question if the days exceed 180 in any of the 5 consecutive years preceding the application...
Hope this helps...

Regards

[aravindb4u]

This is reassuring...thanks for all the replies.. I will be applying in 2 months time and will keep you posted about my case