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Hi All
I have my PEO appointment on 22nd April 2013 (Sheffield PEO). I'm applying 25 days earlier to my 5 year completion date. I'm doing 25 days early to make sure my absences split up across five years doesn't exceed 180 days (If I go by 17-May-2013 I will have 181 days on my first year in UK). The only thing I'm worried is an unpaid leave in 2010-2011 which is between switching employment. I took a 35 days break (in December 2010) back to India before taking on the new job. Please let me know if this is a problem (I have my new job offer letter dated before this unpaid leave) and will it be fine to provide a personal letter to explain it as planned vacation?

I came to UK on HSMP and later switched to Tier 1 General in 2009 and have my Current T1G valid until Feb 2015. Unfortunately I have business travel requirements and can't afford for Postal application waiting time.

Anyone got ILR approved with unpaid leave after 6th April please share your experiences and the PEO you submitted your application.

http://www.immigrationboards.com/viewto ... &start=340

wildjoecrazy wrote his experience..may be this can help u .

Hello

I would just like to share with everyone that I had my ILR approved! I only found out about the rule change on 5 April, which of course instantly set me off into panic mode, as I had very little time to gather any information or evidence and was not sure if I was eligible!

My situation is this:
HSMP 2008 - 2010
Tier 1 General 2010 - 2013

My work situation was:
3 years contracting under an umbrella company or on a temporary basis
2 years permanent job

I explained my absences in the following way in my cover letter:
- When I was under HSMP, I understood that under the immigration rules that I did not have to quantify my work related absences during this period according to rule 245 (c).
However I chose to explain these for purposes of demonstrating my employment in the uk over five years and if info required.
- I explained that when I was an employee of an umbrella company I took on work assignments on a contracting basis. Therefore there were times I was not in employment. I explained that my annual leave was paid out to my in my weekly wage which equated to the equivalent of x number of days paid leave, however I exceeded the x number of days per year. Additionally that the employer was unable to differentiate the difference between days off that were considered paid annual leave (or equivalent of) or times when I was not in employment. I explained that due to the nature of my employment I was able to negotiate leave during work assignments or take leave between work assignments, in which I decided to travel abroad for short holidays.

- for my permanent post, I asked the employer to write a letter explaining that they are unable to confirm my absences from the UK in relation to my approved leave as they are not required to ask this or record this. I stated in my cover letter that there is consistency between my approved annual leave and my absences.

- I had 230 days of absences and these were not all paid!

Evidence I submitted:
1. Employment statements
2. Contracts highlighting my annual leave entitlement and nature of my employment
3. Sample of payslips from contracting to demonstrate how my holiday pay was calculated
4. Cover letter explaining all of the above.

As Tier 1 you do not need to always be in employment. I think even if you are permanent you can take unpaid leave from work, as long as your intention is to return to the same job when you get back or look for other work.

[quote="syed_ILR"]http://www.immigrationboards.com/viewto ... &start=340

wildjoecrazy wrote his experience..may be this can help u .

Hello

I would just like to share with everyone that I had my ILR approved! I only found out about the rule change on 5 April, which of course instantly set me off into panic mode, as I had very little time to gather any information or evidence and was not sure if I was eligible!

My situation is this:
HSMP 2008 - 2010
Tier 1 General 2010 - 2013

My work situation was:
3 years contracting under an umbrella company or on a temporary basis
2 years permanent job

I explained my absences in the following way in my cover letter:
- When I was under HSMP, I understood that under the immigration rules that I did not have to quantify my work related absences during this period according to rule 245 (c).
However I chose to explain these for purposes of demonstrating my employment in the uk over five years and if info required.
- I explained that when I was an employee of an umbrella company I took on work assignments on a contracting basis. Therefore there were times I was not in employment. I explained that my annual leave was paid out to my in my weekly wage which equated to the equivalent of x number of days paid leave, however I exceeded the x number of days per year. Additionally that the employer was unable to differentiate the difference between days off that were considered paid annual leave (or equivalent of) or times when I was not in employment. I explained that due to the nature of my employment I was able to negotiate leave during work assignments or take leave between work assignments, in which I decided to travel abroad for short holidays.

- for my permanent post, I asked the employer to write a letter explaining that they are unable to confirm my absences from the UK in relation to my approved leave as they are not required to ask this or record this. I stated in my cover letter that there is consistency between my approved annual leave and my absences.

- I had 230 days of absences and these were not all paid!

Evidence I submitted:
1. Employment statements
2. Contracts highlighting my annual leave entitlement and nature of my employment
3. Sample of payslips from contracting to demonstrate how my holiday pay was calculated
4. Cover letter explaining all of the above.

As Tier 1 you do not need to always be in employment. I think even if you are permanent you can take unpaid leave from work, as long as your intention is to return to the same job when you get back or look for other work.[/quote]




Congrats and Thanks a million "Syed_ILR" for sharing your experience which infact has relieved me of my worries and fingers crossed for my application.

http://www.immigrationboards.com/viewto ... &start=340

wildjoecrazy wrote his experience..may be this can help u .

sorry but this is not my experience.

But yeah I will be eagerly waiting for your experience as I am on the same boat as U

You probably are one of few people to apply for ILR with unpaid holidays since the new rule comes into force.

Wish you good luck, think as long as the break is not long and you can show the intention to come back and work, you should be fine.

Please do share your experience once you've got the ILR!

Provided I'm having Unpaid Leave (35 days), please let me know if Solihull PEO is suggested for my case?

Lorenzo wrote:Provided I'm having Unpaid Leave (35 days), please let me know if Solihull PEO is suggested for my case?

I don't think difference PEOs will make a case easier/ harder to approve.

Good luck!

Thanks. I just wanted to understand if Solihull has Senior CW in case mine turns out to be a complex case.

Lorenzo wrote:Thanks. I just wanted to understand if Solihull has Senior CW in case mine turns out to be a complex case.

I think they do. Why do you think it's a complicated case?
If you're worried about holidays then from reports so far, it looks like they're not really bothered about short absences

[iD] wrote:

Lorenzo wrote:Thanks. I just wanted to understand if Solihull has Senior CW in case mine turns out to be a complex case.

I think they do. Why do you think it's a complicated case?
If you're worried about holidays then from reports so far, it looks like they're not really bothered about short absences

Thanks iD, the reason I'm worried is because:

I'm applying 26 days early

1. I have total 313 absences in last 5 years (well none of my single absences are more than 84 days, which is the max days of my single absences)

2. On year 1 (2008 - 2009), if I split absences as per my date of application it comes around 175 days (on actual date of 5 years completion it is 181 days, that is why I'm going for an early appointment, I could as well go after July 1st week but worried if UKBA brings about any new changes in rules you never know).

3. 35 days Unpaid leave(between switching jobs)

Hope this is not complex case and wish all goes well.

I will let you all know after my appointment and hope it will help others in a similar situation.

Thanks

Hello All

I will be in a similar situation, I have just started preparing for my application which I intend to make in around July.

I also took a short break in between jobs in 2008 for 9 days, I had been given a 3 month redundancy pay from the company I worked for but basically had a job waiting for me upon my return. this was just a short holiday in between jobs, but unpaid as I was technically not employed.

I have no long absences over my 5 year period and will only have 160 days of TOTAL absence. All my other holidays were paid, with of course the exception of weekends/bank holidays away which of course are not related to annual leave.

I am reading all the forums, and can't quite believe that the UKBA expects short holidays consistent with annual leave requiring justification by employers. My employer will have no idea if I left the country or not.

Sorry for the rant, but want to be on this thread to start hearing about people's cases as the new rules just came into place.

I had a horrendous experience with the UKBA last year and just want to avoid another one this year.

good luck to you all

I got my ILR Approved in Solihull PEO.

Following are the docs I had with me:
---------------------------------------------
1. SET(O) form + Passports + BRP (Main + 1 dep)
2. LIUK results (Main + 1 dep)
3. Employer letter confirming Employment
4. Employment offer letter
5. Contract of employment
6. Latest Salary increment letter
7. Cover Letter
8. PBS calculator assessment
9. Payslips (last 12 months)
10. Bank statement (last 12 months)
11. Copy of passport & BRP (Main + 1 dep)
12. Separate sheet listing all absences with reason and as well absences split across last five years on application date
13. Letter confirming absences (Previous + Current from employer+personal for unpaid leave)
14. P60 last 4 years
15. Salary slips+bank statement for last 5 years (for safer side), actually not required. But I had to take it because I had unpaid leave and total 313 days absences and in worst case I can prove that my salary was paid in UK during all my absences and during unpaid leave I had sufficient funds in my a/c to manage myself.
16. Passport photographs 2 copy each
17. Cohab docs:
Marriage Certificate
Birth certificates of my children
Council tax for last 2 years
Electricity bill
Water bill
Wife's Bank statement
Letters from NHS, GP
Wife's driving License
Tenancy Agreement
Letter from Letting Agent
Poll card


My understanding is the CW didn't bother about my absences since they were less than 180 days and I'm glad I had a separate sheet listing all the absences split across 5 years on the date of appointment). So I guess if you have your absences < 180 days in a year then you don't have to worry too much about it. I believe it will be a great relief for people having unpaid absences.

By god's grace and with the help from this forum I had my ILR successfull today. Thanks to each and everyone for their help and let me know if anyone need any info.

Kind Regards

Lorenzo wrote:I got my ILR Approved in Solihull PEO.

Following are the docs I had with me:
---------------------------------------------
1. SET(O) form + Passports + BRP (Main + 1 dep)
2. LIUK results (Main + 1 dep)
3. Employer letter confirming Employment
4. Employment offer letter
5. Contract of employment
6. Latest Salary increment letter
7. Cover Letter
8. PBS calculator assessment
9. Payslips (last 12 months)
10. Bank statement (last 12 months)
11. Copy of passport & BRP (Main + 1 dep)
12. Separate sheet listing all absences with reason and as well absences split across last five years on application date
13. Letter confirming absences (Previous + Current from employer+personal for unpaid leave)
14. P60 last 4 years
15. Salary slips+bank statement for last 5 years (for safer side), actually not required. But I had to take it because I had unpaid leave and total 313 days absences and in worst case I can prove that my salary was paid in UK during all my absences and during unpaid leave I had sufficient funds in my a/c to manage myself.
16. Passport photographs 2 copy each
17. Cohab docs:
Marriage Certificate
Birth certificates of my children
Council tax for last 2 years
Electricity bill
Water bill
Wife's Bank statement
Letters from NHS, GP
Wife's driving License
Tenancy Agreement
Letter from Letting Agent
Poll card


My understanding is the CW didn't bother about my absences since they were less than 180 days and I'm glad I had a separate sheet listing all the absences split across 5 years on the date of appointment). So I guess if you have your absences < 180 days in a year then you don't have to worry too much about it. I believe it will be a great relief for people having unpaid absences.

By god's grace and with the help from this forum I had my ILR successfull today. Thanks to each and everyone for their help and let me know if anyone need any info.

Kind Regards

hey Lorenzo congrats man!!!

can you briefly mention the list of ur absences please...

year and days

that will be very helpful

thanks

Year 1 175 (84+69+22)
Year 2 28 (10+12+6)
Year 3 64 (4+7+18+35)
Year 4 39 (3+7+4+4+6+15)
Year 5 7

35 days on Year 3 was unpaid. Most of my absences are short.

What was the personal letter did you write in order to explain your un-paid leave ?