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ILR due next week with over 700 days absence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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prince12
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Posts: 39
Joined: Thu Sep 08, 2011 1:00 pm

ILR due next week with over 700 days absence

Post by prince12 » Sat Nov 05, 2011 11:48 am

Hi Guys,

Just want your thoughts on my application next week i know nobody can gurantee sucess but will appreciate views and suggestions on how to make a very strong case for sucess.....ok my story:

student visa 2005, workpermit 2006, tier 1 2010... ILR by 2011(hopefully) now per the absences, all but 40days were business salary paid in the uk with deductions as required. None of the absences were up to 90days at a time but cumulative obviously more than 180 days.

My presentation is all five years payslips with corresponding UK bank statements to show money paid in UK, 5years p60 and also tax statement from HMRC. Letters from line manager and HR with detailed list of absences and stating business purspose for each trip. Pension statement for five years showing continuos payment even when out of the UK as ties to UK, rental aggrement, mobile phone bills...

My worries: i am finding it a bit difficult to provide more evidence of ties to UK during absences as i tried to reduce my expenses then and thus actual sublet my flat out. i now have a mortgage but that started at the end of my frequent trips...
So guys what do yall think?? Thanks for reading my post and thanks for sharing ya thoughts.

Cheers
Prince

jami
Member of Standing
Posts: 270
Joined: Sun Oct 21, 2007 1:06 pm
Location: Lahore

Post by jami » Sat Nov 05, 2011 12:19 pm

Plus points are that none of business trip is of more than 90 days at a time and continuation of rental agreement/payment. Employer letter should not be routine one rather detailed and indicating necessity for them. Include contract as well if foreign assignment are mentioned therein and pension fund statement.

Highlight bank balance of that period if it suits to say that you kept your saving in UK as a matter of choice. If you are still with that employer highlight business trips as compulsion for continuity of UK employment.

Take to PEO printout of:
1-Upper Tribunal determination in this case there were job related absences of more than 2.5 years and you have absences of less than that.

http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html


2- UKBA reply that that determination is as per their guideline so no appeal was filed.
http://www.whatdotheyknow.com/request/u ... ing-201441

Read this for any further ideas

http://www.whatdotheyknow.com/request/7 ... /FOI25.pdf

Last guide available on UKBA website is dated 19 April 2011 but from blew extract from above UKBA reply dated 22 July 2011 it is evident that in the internal guidance some changes have been made:

"We have been reviewing the Modernised Guidance to clarify some of the issues that you have raised. The Settlement Operational Policy Team have recently re-circulated this guidance to all caseworkers who work on settlement applications, to ensure that any potential inconsistencies are minimized."

prince12
Newbie
Posts: 39
Joined: Thu Sep 08, 2011 1:00 pm

Post by prince12 » Sat Nov 05, 2011 1:26 pm

jami wrote:Plus points are that none of business trip is of more than 90 days at a time and continuation of rental agreement/payment. Employer letter should not be routine one rather detailed and indicating necessity for them. Include contract as well if foreign assignment are mentioned therein and pension fund statement.

Highlight bank balance of that period if it suits to say that you kept your saving in UK as a matter of choice. If you are still with that employer highlight business trips as compulsion for continuity of UK employment.

Take to PEO printout of:
1-Upper Tribunal determination in this case there were job related absences of more than 2.5 years and you have absences of less than that.

http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html


2- UKBA reply that that determination is as per their guideline so no appeal was filed.
http://www.whatdotheyknow.com/request/u ... ing-201441

Read this for any further ideas

http://www.whatdotheyknow.com/request/7 ... /FOI25.pdf

Last guide available on UKBA website is dated 19 April 2011 but from blew extract from above UKBA reply dated 22 July 2011 it is evident that in the internal guidance some changes have been made:

"We have been reviewing the Modernised Guidance to clarify some of the issues that you have raised. The Settlement Operational Policy Team have recently re-circulated this guidance to all caseworkers who work on settlement applications, to ensure that any potential inconsistencies are minimized."
Thanks Jami, i had actually printed that tribunal case as a last resort argument( i honestly hope i never have to use it) and yes i have been with the same employer and have gotten two sets of detailed letters from them in which it was mentioned that the trips were necessary for my employment in the Uk and also that my prior knowledege of the overseas environment as i was originally from there made me the most qualified staff to take on those roles...the rental aggreement was for two years and payment was not automated via my bank ...good point on the bank balance i will remember to point that out... so in ur opinion what do you think are the chances?

jami
Member of Standing
Posts: 270
Joined: Sun Oct 21, 2007 1:06 pm
Location: Lahore

Post by jami » Sat Nov 05, 2011 1:38 pm

Chances are fairly good.

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