ILR (HSMP+Tier) with Absence of 337 Business+Personal

[chrams]

Dear Jami and experienced friends,

Please review the below cover letter I will be writing to the UKBA SET O team and I would highly appreciate your assistance and experiences as I will be completing 5 years by 15/01/2012 and I am planning to apply by Post around last week of Dec/2011. (Still it is expensive almost £2000.00 for Main + 2 dependents)---------------------------------*********--------------------------------------

To
The Case Worker
UK Border Agency
SET(O)
Indefinite Leave to Remain
PO Box 591
Durham
DH1 9FS

Re: Application for Indefinite Leave to Remain

Dear Sir/Madam,
My name is Venkat and I hold Indian Passport XXXXXXX, DOB DD-MM-YYYY. I came to the UK on 28th August 2006 on a Working Holiday Maker Visa and apparently I converted my status to Highly Skilled Migrant Visa effective from 16th January 2007. After 2 years I had renewed my visa into Tier 1 General Skilled Migrant category. I will be completing 5 years continuous residence on the combination of HSMP and Tier 1 General Migrant visa by 15th January 2012.

Following below details will provide detailed information of my Immigration History and my absences from the UK and reasons for the absence.

Highly Skilled migrant Visa:
Issued on : 16th January 2007
Valid upto : 16th January 2009

Tier 1 General Migrant Visa:
Issued on : 05th December 2008
Valid upto : 15th January 2011

Absences from the UK:


• 01/02/2007 to 2604/2007: I had been out of the UK for SAP training course in India.

In my Passport Page no 18 shows the arrival stamp to Immigration dept. India 02/02/2007. Page 14 &15 shows India immigration Departure stamp and Heathrow Airport Arrival stamp respectively.83 days absence from the UK.

• 30/04/2008 to 31/07/2008: While I was working in XXXXXX Limited I was sent to India on a business trip. At this period I was paid full salary and my NIC and Tax has been deducted. Payslips and Bank statements and Employer Letter enclosed with my ILR application. 91 days absence from the UK.
In my Passport Page No 13 shows Immigration dept. India Arrival stamp. Page 18 shows India departure stamp (30/July/2008). Page 15 shows Heathrow Airport arrival stamp (31/July/2008)

• 28/12/2008 to 19/03/2009: It’s my 2nd business trip to India on behalf of XXXX Limited. I was paid full salaries and my NIC and Tax has been deducted. Payslips and Bank statements and Employer Letter enclosed with my ILR application. 80 days absence from the UK.
In my Passport Page No 10 shows India Arrival stamp (28/12/2008). Page no 20 shows Heathrow Airport arrival stamp and also shows India departure stamp (19/03/2009) on the same page.

• 25/03/2010 to 06/04/2010: My wife became pregnant and wanted to see their parents and so I had taken her to India. I was working as a freelance HR consultant at this time as I registered in companies house as self employed. 11 days absence from the UK.
In my Passport Page no 4 shows India Arrival stamp. Page 20 shows Heathrow Arrival stamp and page 13 shows India departure stamp.


• 01/05/2010 to 15/06/2010: I had been out the UK at this time for my holiday and to look after my wife as she was pregnant. 44 days absence from the UK.
In my Passport Page no 12 shows India immigration Arrival stamp. Page no 22 shows Heathrow Arrival stamp and on the same page shows India departure stamp as well.

• 09/04/2011 to 08/05/2011: I had been out of the UK on my annual holiday and I was paid in the UK at this time. 28 days absence from the UK
In my Passport Page no 12 shows India Immigration Arrival stamp (10/04/2011). Page no 22 shows Heathrow Arrival stamp and Page no 20 shows India Immigration departure stamp.

Total days absence from the UK over the 5 year period are: 337 days
Business Trips : 171 days
Personal holidays : 165 days (out of 28 paid annual holidays)

Please consider my application favourably with your discretion powers in light of above mentioned absences from the UK. Recently I am blessed with a baby boy and I am including my new born son and my wife to this application as my dependents. I am economically active and working as a Senior IT consultant. I would like to settle in the UK. If you require any information, feel free to contact me.

Yours Sincerely,
Venkat
chrams@rediffmail.com [/b]

[chrams]

Could some one reply please.


Jami i would highly appreciate your responce.

Thanks in advance,
Venkat

[jami]

Discard covering letter about absences

Prepare continued sheet as a 5 column chart to be attached with SET(O) in-between page 9-10.
In section section 6.2 of SET(O) write " Chart attached ".

I have filled in first 2 entries


Continuation Sheet of Page 9 (SET O) – With entry/exit date stamp page number


1.Date left UK 2.Date returned to UK 3.Reason for absence/days 4.Entry/Exit Stamp in India -Passport Page No 5.Entry stamp in UK -
Passport Page No

01/02/2007 26/04/2007 Personal tour - for SAP training to improve my employability in UK = 83 days 18/14 15


30/04/2008 31/07/2008 Business trip – sent by UK employer being their most suitable employee for this purpose. Salary and tax paid in UK. Employer letter attached.Continued to keep ties with UK as main home and domicile of choice– 91 days 13/18 15


Personal absences/paid leaves = 165 days over 5 years.
Job related absences = 171 days over 5 years

[chrams]

Dear Jami,
Thank you very much for your reply with your valuable guidance on absence chart.

what is your assumption of success of my application for ILR?

Is it OK to proceed with ILR or do you suggest me to apply for another extension on Tier 1 General.

If I go to Tier 1 G, do I need to satisfy the fund maintenance requirement? £800 + £533 +£533 = £1866? from last 3 months?


I am really grateful for your continued support.

I look forward to receive your reply.

Thanks & regards,
Venkat

[chrams]

Could some one reply please.


Jami i would highly appreciate your responce.

Thanks in advance,
Venkat

[jami]

ILR chances are fairly good.
Apply for ILR and not for extension.

[chrams]

Dear Jami,
I am grateful for your continued support.

I am gathering all required documents for ILR.
I will keep you posted my updates here.

Thanking you once again.

Kind regards,
Venkat

[ITGraduate]

I have the same problem. I am self employed and I dont have an employer in UK. I work for an US company which is not registered in UK. I travel abroad for selling their product.

I totally have 110 personal holidays and 160 business absences from UK. ( none of my business absence is more than 10 days )

To prove my business absences, with whom do I have to get an letter.

1- Is it my Us company for whom I work from UK and Dubai. ( I am not on their payroll. I invoice them and they pay me through bank transfer )

2- Do I have to get a letter from my Accountant?

I'm confused if the employer letter will be rejected because I am actually not their employee. Please help

Thanks and Regards,

Basha

Discard covering letter about absences

Prepare continued sheet as a 5 column chart to be attached with SET(O) in-between page 9-10.
In section section 6.2 of SET(O) write " Chart attached ".

I have filled in first 2 entries


Continuation Sheet of Page 9 (SET O) – With entry/exit date stamp page number


1.Date left UK 2.Date returned to UK 3.Reason for absence/days 4.Entry/Exit Stamp in India -Passport Page No 5.Entry stamp in UK -
Passport Page No

01/02/2007 26/04/2007 Personal tour - for SAP training to improve my employability in UK = 83 days 18/14 15


30/04/2008 31/07/2008 Business trip – sent by UK employer being their most suitable employee for this purpose. Salary and tax paid in UK. Employer letter attached.Continued to keep ties with UK as main home and domicile of choice– 91 days 13/18 15


Personal absences/paid leaves = 165 days over 5 years.
Job related absences = 171 days over 5 years

[chrams]

Dear Moderators,
I am grateful for your great help of immigration advice here.

I came to the UK on 28th August 2006 on Working Holiday Maker Visa and apparently I converted my status to ...,

Highly Skilled migrant Visa:
Issued on : 16th January 2007
Valid upto : 16th January 2009

Tier 1 General Migrant Visa:
Issued on : 05th December 2008
Valid upto : 15th January 2011

Absences from the UK:
1. 01/02/2007 to 26/04/2007 - 83 days – Personal trip (No employment at this time in the UK)
2. 30/04/2008 to 31/07/2008 - 91 days – Business trip (Paid in the UK, had payslips and bank statements and employer letter supporting letter as well)
3. 28/12/2008 to 19/03/2009 - 80 days – Business trip (Paid in the UK, had payslips and bank statements and employer letter supporting letter as well)
4. 25/03/2010 to 06/04/2010 - 11 days – Self employed
5. 01/05/2010 to 15/06/2010 - 45 days – Self Employed
6. 09/04/2011 to 08/05/2011 - 28 days – full time perm. Employee and on paid annual holidays. Had payslips and bank statements as well

I am satisfying for ILR all required criteria, but the only annoying issue is my Absences.

Please see following below thread and your valuable advice could give me the way forward for my application:
http://www.immigrationboards.com/viewtopic.php?t=90393


Question -1:
As initially I came to the UK on WHM visa and had no intension to settle here before coming here. But Once I am in the country had changed my mind and decided to settle and applied for HSMP thought of IT skills update for better employability in the UK and that is the main reason for absence from the UK.

In the 1st absence I was out of the country for about 83 days without any employment as my wife came with me when I came back. I was with friends at this time and I had paid only my o2 mobile bills at this time and no other ties in the UK. (Rest of the all other times I was away from the UK I had paid my rent, council tax, BT, Sky and water bills through direct debit and I could highlight them on my bank statements.) Will this be a problem of breaking my residence in the UK for my ILR application?

Question -2:
In the second business trip I just crossed 90day rule as I was on UK based employer business trip to India. is it be another causing issue?

Question – 3:
Total days out of the country in 5 years is 337 days which consists of 171 days business trips and 165 days (unpaid, self employed and paid ) personal holidays. In this situation what would be my ILR success chances?

Question - 4:
I am satisfying all the Tier1 G extension requirements, for risk avoidance do you advise me to apply for another extension? My only worry in this case is, we know Government intensions, they want to talk to the rules day by day and if all of sudden if they decided say no more ILRs, I jeopardise my life. I would require your valuable advice on this to choose which option?
Kindly Jami, Replied to this Question, so i will be preparing for ILR applicattion. I would highly appreciate remainder 3 questions reply from honourable members/Moderators.

If you think my case is critical and advise me to go through an expert Immigration solicitor, please suggest me who could swiftly handle my case? I will approach them. I am getting tension day by day. I am blessed with a boy a year ago and he born here in the UK. A little family and clear intension to settle in the UK.

Look forward to hear from you at your earliest convenience.

Thanks & regards,
Venkat
chrams@rediffmail.com

[chrams]

[quote="staffordjafar"]I have the same problem. I am self employed and I dont have an employer in UK. I work for an US company which is not registered in UK. I travel abroad for selling their product.

I totally have 110 personal holidays and 160 business absences from UK. ( none of my business absence is more than 10 days )

To prove my business absences, with whom do I have to get an letter.

1- Is it my Us company for whom I work from UK and Dubai. ( I am not on their payroll. I invoice them and they pay me through bank transfer )

2- Do I have to get a letter from my Accountant?

I'm confused if the employer letter will be rejected because I am actually not their employee. Please help

Thanks and Regards,

Basha


Hi Basha,
I think you need to produce...
1). A letter from your accountant
2. Your business banking statements
3). Your self employed Corporation Tax docs/tax returns (check with your accountant) and
4).Request a letter from your US/Dubai client for the purpose of your business trips.

Please be advised that these are my personal suggestions, However seek professional advice from Sushdmehta or Jami or any experienced members might reply you at their convenience.
I wish you good luck.
Venkat

[chrams]

I have the same problem. I am self employed and I dont have an employer in UK. I work for an US company which is not registered in UK. I travel abroad for selling their product.

I totally have 110 personal holidays and 160 business absences from UK. ( none of my business absence is more than 10 days )

To prove my business absences, with whom do I have to get an letter.

1- Is it my Us company for whom I work from UK and Dubai. ( I am not on their payroll. I invoice them and they pay me through bank transfer )

2- Do I have to get a letter from my Accountant?

I'm confused if the employer letter will be rejected because I am actually not their employee. Please help

Thanks and Regards,

Basha

Discard covering letter about absences

Prepare continued sheet as a 5 column chart to be attached with SET(O) in-between page 9-10.
In section section 6.2 of SET(O) write " Chart attached ".

I have filled in first 2 entries


Continuation Sheet of Page 9 (SET O) – With entry/exit date stamp page number


1.Date left UK 2.Date returned to UK 3.Reason for absence/days 4.Entry/Exit Stamp in India -Passport Page No 5.Entry stamp in UK -
Passport Page No

01/02/2007 26/04/2007 Personal tour - for SAP training to improve my employability in UK = 83 days 18/14 15


30/04/2008 31/07/2008 Business trip – sent by UK employer being their most suitable employee for this purpose. Salary and tax paid in UK. Employer letter attached.Continued to keep ties with UK as main home and domicile of choice– 91 days 13/18 15


Personal absences/paid leaves = 165 days over 5 years.
Job related absences = 171 days over 5 years

[ITGraduate]

Thanks Venkat for your quick response.

1). A letter from your accountant -I HAVE THIS
2. Your business banking statements - I DONT HAVE BUSINESS ACCOUNTS. I USE NORMAL BASIC CURRENT ACCOUNT. I DONT HAVE A REGISTERED LTD COMPANY.IS THIS OK?
3). Your self employed Corporation Tax docs/tax returns (check with your accountant) and - ALL THIS IS FINE. I HAVE THEM
4).Request a letter from your US/Dubai client for the purpose of your business trips. - I DONT HAVE SAME CLIENTS EACH TIME IN DUBAI. I GO FOR BUSINESS DEVELOPMENT AND THE CLIENTS ARE NOT THE SAME.HOWEVER I CAN GET AN LETTER FROM MY US COMPANY FOR WHOM I WORK FROM UK. IS THIS OK?

Please experts I need your help and advise?

Regards,
Basha

I have the same problem. I am self employed and I dont have an employer in UK. I work for an US company which is not registered in UK. I travel abroad for selling their product.

I totally have 110 personal holidays and 160 business absences from UK. ( none of my business absence is more than 10 days )

To prove my business absences, with whom do I have to get an letter.

1- Is it my Us company for whom I work from UK and Dubai. ( I am not on their payroll. I invoice them and they pay me through bank transfer )

2- Do I have to get a letter from my Accountant?

I'm confused if the employer letter will be rejected because I am actually not their employee. Please help

Thanks and Regards,

Basha


Hi Basha,
I think you need to produce...
1). A letter from your accountant
2. Your business banking statements
3). Your self employed Corporation Tax docs/tax returns (check with your accountant) and
4).Request a letter from your US/Dubai client for the purpose of your business trips.

Please be advised that these are my personal suggestions, However seek professional advice from Sushdmehta or Jami or any experienced members might reply you at their convenience.
I wish you good luck.
Venkat

[geriatrix]

chrams, every member can view your queries / topic and will respond only if and when they wish to. If you wish specific people to respond to your queries, send them a PM rather than posting such requests in every other topic in the forum.

Reading the second post in this topic should be useful.

[chrams]

Thanks for the information Sushdmehta
I will follow your advice.

Is there a way you could respond to my questions?

Highly appreciate your help

Thanks & regards,
chrams