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512 days out and approved

Posted: Fri Dec 14, 2012 12:05 pm
by DEG123
All,

Just a quick note to get your hopes up if you have more than 180 absences from the UK in your 5 year period for ILR qualification.

My five year period for ILR qualification started Dec 12, 2007 so I was eligible to apply for ILR in early Nov of this year. I was worried I would not get it as I had been out of the UK 512 times (all days counted). Of these 300 days were for work and 212 were for personal holiday. I thought the Home Office would have no problem with the work days but might hassle me about the personal holidays. As noted I had 212 days out for holiday if both travel days were counted. If only one travel day was counted the total was 194 and if neither travel day was counted I was down at 176.

Anyways, I managed to book a premium appointment by staying up to 3am using the online Home Office appointment booking site. What a piece of junk that website is!! At midnight when the new appointments are released the site grinds to a halt due to heavy usage. My advice is to wait until about 2 – 3am when others have gone to sleep and then there will be less traffic, the site will function properly and you will get an appointment.

So to get to the good news, I had my appointment last Friday in Liverpool at 14:00. I showed up at 13:30 and below is a breakdown of the next few hours.
1. 13:30 clear security
2. 13:40 meet with front-line worker who quickly reviewed with me that all my required docs were in order. I had to sign a paper saying I agreed that if anything was missing I was out of luck and would not get my money back
3. 13:50 paid the £13xx (have blocked out the actual amount) fee
4. 13:55 – 15:30 waited
5. 15:30 called up to the desk. The Home Office officer took my supporting docs and application and told me to sit down and wait to be called for biometric data collection
6. 15:35 – 16:00: biometrics
7. 16:30 call up by Home Office officer to say I have been granted ILR!!! YES!! I was free to go and the card would be in the mail within 7 days.

Key point to note here is that I was not asked a single question about anything!! I really thought they would question my personal days out of the UK.


All the best to the rest of you out there in the process of applying. You will get it!

Happy Christmas.

D

Posted: Fri Dec 14, 2012 11:00 pm
by SU2012
DEG,

Congrats !!! Can you tell me how did you explain those 512 days. I have a similar problem. I have been absent for 187 days in the last 5 years (I didnot count both from and to travel dates here).

Of these 80 are paid holidays for which I can show the UK Payslips. 107 were unpaid in UK but paid in home country (India). I am not sure how to explain these 107 days. Can I just say that I was on projects in India and paid Indian salary (there by work related)?

I cannot get employer letter for any of these absences and can show my payslips only. Please advise.

Thanks

Posted: Sun Dec 16, 2012 12:32 pm
by DEG123
I provided two lists.

1. a listing of days out of the UK for work. And a short reason for the trip.

2. a listing of days out of the UK for personal (paid) holiday and a short description of the trip (where too)

My employer also provided me a letter saying I had to travel for work and that all the days I said I was out of the UK for work were authentic. They also said in the letter that all my personal holidays were paid vacation leave.

I am not an expert but i do not know how you will explain your unpaid leave to India. I dont think you should say you were paid in India as you are suppose to be paid in the UK. and if you say that they will want proof.

i think you need to have a letter from your emplyoer saying your absenses where:
1. 80 days of paid annual leave
2. 107 days unpaid leave


good luck

D

Posted: Sun Dec 16, 2012 12:40 pm
by bmwuk2011
Hi D,

Are you able to share the format of the letter from your employer suggesting vacation and you were Paid etc?

I have drafted the below letter displaying only working days as I obviously was away from UK for 70 odd days during Dec 10-Jan 11. Breaking it down as working days looks more appropriate i think?


Dear Sirs
Subject: Application for Indefinite Leave to Remain
This is to confirm that Mr ABC is currently employed by XXX in the UK as a full time Permanent employee as a XXX
The following were Mr ABC’s absences away from the UK on holidays –The absences were in-line with his annual leave entitlement and he was in continuous employment receiving his full salary during these periods.
sr. From To No. of Working days
1 08/02/2008 21/02/2008 9
2 30/12/2008 06/01/2009 5
3 26/11/2009 11/12/2009 11
4 06/12/2010 31/12/2010 19
5 04/01/2011 16/02/2011 31
6 13/08/2012 07/09/2012 19
Total 94


Welcome your thoughts.

Thanks in advance

Posted: Sun Dec 16, 2012 12:46 pm
by DEG123
that looks good to me. but you have to list ALL your absenese out of the UK. not just the paid annual leave.

i cannot give you my letter as i only have a paper copy.

D

Posted: Sun Dec 16, 2012 12:50 pm
by bmwuk2011
Thanks D.
The listed days were the only days away from UK where all of them were paid holidays. I believe the format is not clear then?

Posted: Sun Dec 16, 2012 1:04 pm
by DEG123
I am no expert but…

I think you need to have in 1 letter from your employer a list of ALL your absences (both paid annual leave and unpaid). And a description of each trip.

My experience is that if you give the Home Office more detail than they really need in a very easy to understand format they will be happy. This will provide them with all the answers to any questions they may have as they are looking through your application and supporting documents. If everything is simple and easy to understand they are less likely to ask you questions and more importantly less likely to think you are hiding something.

Make it simple


D