ILR from Tier 2(general) - Applying well after 5years - need clarification

[mvs2019]

Dear All,
Good Evening!!
I(Tier 2(general)) and my wife (Tier 2(general) dependent are together applying for ILR via the 5 year route Set(O)

My UK visa history is as below:
1. Sept 2010 - Student Visa
2. Jan 2012 - Post study work permit
3. Sept 2013 - Tier 2(general)
4. Sept 2016 - Tier2(general) renewal
5. Nov 2016 - Tier2(general) - change of employer, valid till end of Aug 2019

and my doubts are:
1. I was eligible for ILR in Sept 2018 itself but due to personal reasons I am apply for it only now, i will still be applying before the end of current visa. So do you think this would be of concern?
2. Regarding the question: "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started." Do I need to subtract 5 years from current date, this comes out to be August 2014 and mention this as my date of first entry OR Just specify the date when i was first issued Tier 2(general) visa as my first date of entry?
3. Regarding documents supporting absence from UK, do I need to provide documents for a period of 5 years back calculating from now or from the start of first issuing of visa in Sept 2013 i.e for 6 years, not 5.
4. Regarding the question: "Have you previously lived in a country outside the UK including you country of birth?" My understanding is that I need to include my country of birth, India, as well. Please correct me if I am wrong. Also, I was in the US (3 months every year for about 3 years) on business trips when I was working back in India before coming to UK. Do i need to mentioned these as well. Actually I don't have the exact dates of travel, what do I do?
5. What does it mean by last grant of leave? Is it the one issued in Nov 2016 or the one issued in Sept 2013.

Regarding my wife's application:
1. 24 Feb 2014 - issued Tier 2(general) dependent in India
2. 7 March 2014 - came to UK
3. Sept 2016 - Tier2(general) renewal
4. Nov 2016 - Tier2(general) - reapplied because of change of my employer, valid till end of Aug 2019.

1. Regarding the question: "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started." I suppose 24 Feb 2014 is the correct and the gap between visa being issued and her entering the UK would count towards the 180 days absence period. Please correct me if I am wrong.
2. She was not asked to mentioned all the dates and duration of absence during the continuous period based on which this application is made. Does this make sense. I am under the impression that we would be asked to provide these details. Please note: She is applying along with me, we are filling in the Set(O) form.

Please help clarify these doubts.

Thank you very much in advance,
mvs

[mvs2019]

Dear All,

I am applying for my ILR and my previous employer said they have no records of my annual leave.They are happy to provide me with a letter(soft copy) mentioning the same. I personally have a record of all the dates of travel outside UK so I am planning to write a letter myself and submit the travel dates. I have not exceeded 25 days annual leave in any given calendar year but I have exceeded 30days plus public holidays in two 12 month periods. May i know if a letter from me is sufficient, what should i do.

Please help..
Thank you,
mvs

[zimba]

You do not need a letter if the absences were below 30 days in a residence year

[mvs2019]

You do not need a letter if the absences were below 30 days in a residence year

Thank you for your reply. Sorry, I was a bit lost since my ex. employer said that they will not issue letter confirming annual leave so I did make myself clear.
While working for my ex. employer,
1. i have never taken more than 25 days annual leave (this is what we are entitiled to, 25 days only) - ex.employer has no record so no letter issued
2. On two seperate occations I have worked from home from India after my line managers approval - this takes the total absence from UK to 35 days in taht calender year- my ex. line manager is happy to issue a letter confirming the same.
3. I was first issued Tier 2 general visa on 2nd Sept 2013 so each of the 12 month period is from sept to Aug.
from Sept 2013 to Aug 2014 - 42 days absence
from Sept 2014 to Aug 2015 - 12 days
from sept 2015 to Aug 2016 - 38 days of basence
The no. of days of absence is high in one of the 12 month periods because the 12 month period falls across two calender years.
Please suggest what I need to do. Please help..

Thank you,
mvs

[zimba]

Calendar years are not relevant. It is the residence year. You should try to get a letter that simply confirms all your absences from work were permitted.

[mvs2019]

Calendar years are not relevant. It is the residence year. You should try to get a letter that simply confirms all your absences from work were permitted.

Thank you for your reply but may i know what i should do if i was absent for more than 30 days in a residence year and my ex. employers has no records of annual leave and hence will not provide me a letter confirming my annual leave.
Please.please..help me..
Thank you,
mvs

[zimba]

They do not need the records of your absences. UKVI does not need the records of your absences either. A simply letter that confirms all your absences were permitted is enough

[mvs2019]

They do not need the records of your absences. UKVI does not need the records of your absences either. A simply letter that confirms all your absences were permitted is enough

I spoke to my ex. employer and they said that since they do not have any records they will not confirm anything. I requested them to at least say that all my absences were paid and not unpaid holidays which is the same as what you are suggesting but they said they cannot confirm it.
So, not sure what to do...

Thank you,
mvs

[zimba]

I suggest to get a letter that they refuse to confirm it or they do not have the records of your absences to confirm it. That will be accepted by UKVI. There will be no nitpicking as your absences are on the low side

[mvs2019]

I suggest to get a letter that they refuse to confirm it or they do not have the records of your absences to confirm it. That will be accepted by UKVI. There will bne no nitpicking as your absences are on the low side

Ahh..thank you ..i finally know what i need to do.. thank you very much..

yes, my ex. employer agreed to issue a letter saying that they no longer hold my leave records.
And my ex. line manager (who is also my current line manager in my current employment) agreed to issue letter confirming that he approved of my working from home from India on two occasions during my employment with my ex. employer.

Thank you,
mvs

[mvs2019]

Hi,

I got letters from my manager regarding me working from home and i wanted to know your opinion about them..

In the letters it is mentioned
1. Letter 1: I agreed for him to work from home from India for two weeks (from 24-Feb-14 to 06-Mar-14) at the conclusion of his annual leave
2. Letter 2: I agreed for him to work from home from India for two weeks from 27-Nov-15 to 11-Dec-15. He also took annual leave for few weeks starting at the conclusion of this two-week period of working from home.

He was generally always happy for me to work from home for two weeks when needed. But if you consider the actual dates
1. from 24-Feb-14 to 06-Mar-14 is (Monday to Friday) + (Monday to Thursday) - total 9 working days
2. from 27-Nov-15 to 11-Dec-15 is (Friday) + (Monday to Friday) + (Monday to Friday) - total 11 working days
where as two weeks strictly means - (Monday to Friday) + (Monday to Friday) - 10 working days
Do you think UKVI would be nitpicking about slight deviation between wording and no. of days based on dates. The dates are actually correct, not written wrong.

Please advice..

Thanks a lot in advance,
mvs

[zimba]

I repeat again, the dates ARE NOT IMPORTANT. As long as they confirmed you left with permission you should be good.

[mvs2019]

I repeat again, the dates ARE NOT IMPORTANT. As long as they confirmed you left with permission you should be good.

Thank you for confirming and sorry for asking things again and again..i think i am getting too stressed out with this ILR application..

Thank you,
mvs

[mvs2019]

Hi,

I had two parking tickets (by council not private car park) which i have paid soon after getting them in the past. Do i need to mentioned them? The application asks for
At any time have you ever had any of the following, in the UK or in another country?
- A penalty for a driving offence, for example
disqualification for speeding or no motor
insurance

I noticed from some of the older threads that it was not needed to mention them, but the rules back then also seem to explicitly mention not to include any parking tickets. But that does not seem to be the case in the question asked now so need clarification.

Please help.
Thank you,
mvs

[zimba]

PCNs have no effect on ILR. Only criminal convictions have to be declared. There is no need to declare PCNs

[mvs2019]

Thank you for the clarification:)
mvs