Sanity Check - 5th Oct PEO and Solihull

[vikramrajpal]

Hello folks - please could somebody do a sanity check on my ILR Application and comment on my chances of success.

VISA status
1. Date of 1st Entry: 16th Apr'07 on Work Permit.
2. 1st extension in Apr'09 for 2 years converted to ICT Tier 2.
3. 2nd extension in Apr'11 for 2 years.
4. Present VISA status is Tier 2 ICT, visa valid till Apr'13

Total Absences:
1. Unpaid visits/days outside UK: 0
2. 1 Paid business trip outside UK: 96 days continuous
3. Other Annual leaves totalling: 198 days
4. Total absences in 5 years: 294 days

PEO appointment
1. Applying for ILR for my wife and myself.
2. I have a child born in UK in Jun'10 but I'm not applying for her PR as if I get one we'll apply for her citizenship directly - saves us money.

Documents
1. Passports + Resident Permit (for self and spouse)
2. Original WP + CoS (+accompanying Home Office letter) for 2009 + CoS(+accompanying Home Office letter) for 2011
3. P60 for all 5 years
4. KOL pass test certificates
5. Letter from the employer
6. Employer verification of paid business trip outside UK
7. Salary slips + Bank statements for all leaves.
8. 6 months bank statement
9. 6 months salary slips
10. Proof of cohabilitation (Last 3 yrs Council Tax + Rent agreement of 2008-09)
11. 2 photocopies of all original documents

Extra Documents
1. Employment history of all 5 years
2. Utility bills
3. Most recent Rent Agreement

Questions
Q1. Could somebody comment on the absences and the supporting docs for it?
Q2. I've booked an appointment for 2 but will be bringing my child along. I hope they are OK with it?
Q3. I don't have any criminal conviction hence haven't bothered to get any certificate etc. I hope that's OK?

[uksettlement]

For the long absence it is a must that you must show evidence that the absence was necessary for the business, you need to prove that you were paid by the business and it was necessary for the company as well as for you.

[jack902]

If you can, take 12 months of payslips and 12 months of bank statements showing your net pay

As mentioned, have a strong letter from your employer explaining that 96 day trip. Evidence also that you paid tax during this time as well as rent/mortgage council tax during this time etc

Good luck

[vikramrajpal]

Thanks Jack / uksettlement for your replies. For the 96 day period of continuous absence I do have the letter from the employer, bank statements and pay slips but I wasn't paying council tax or house rent as I was living as a paying guest until Dec'08 when I first got a rented property in my name.

What's you opinion whether this should be OK?

I though have the payslips and bank statements for all my leaves.

Vikram

[jack902]

Thanks Jack / uksettlement for your replies. For the 96 day period of continuous absence I do have the letter from the employer, bank statements and pay slips but I wasn't paying council tax or house rent as I was living as a paying guest until Dec'08 when I first got a rented property in my name.

What's you opinion whether this should be OK?

I though have the payslips and bank statements for all my leaves.

Vikram

Vikram, to be perfectly honest and as you most likely know, this is not a risk free application.

Worst case is that case worker immediately notices 96 days and says "I'm sorry, I cannot approve this as over 90 consecutive absent days requires higher ranking approval and that person is not here today. Please apply by post or go to larger peo office " This is what happened to me.

I hope you are luckier and can explain the absence. It really depends on the day. Big advantage is that you only pay if successful.

[vikramrajpal]

Yeah I agree, you're correct, there is probably no risk free application. I've prepared as much as I could & got all my evidences in support.

Let's wait and watch now...Thanks for the wishes and I'll update the forum on Friday the 5th.

Cheers
Vikram

[wpilr_nov12]

Thanks Jack / uksettlement for your replies. For the 96 day period of continuous absence ...but I wasn't paying council tax or house rent as I was living as a paying guest until Dec'08 when I first got a rented property in my name.

What's you opinion whether this should be OK?

I though have the payslips and bank statements for all my leaves.

Vikram

And don't bring this up unnecessarily at the PEO otherwise you are simply feeding more ammunition to the CW to be a pain.

[renzokuken]

How did it go?

[vikramrajpal]

Hello All,

The Solihull PEO didn't accept my application. They stated a reason that since your continued absence from work - even if it was a paid business trip and you've got all the evidences to prove that - is greater than 3 months; hence, you must go through the postal route. I tried to convince the caseworker to accept my application as a PEO, take a decision later, and send it through post; she got it confirmed with somebody in her team and said she can't accept. So I came back empty handed. They didn't charge me any money though.

May I request for any advise of what my options are now:
1. Can I reapply for a PEO?
2. Should I go ahead and send a postal application?

The key considerations for me are:
- I've a valid Tier 2 ICT till Apr'13.
- With all offshore companies there are constant pressures to be sent back to offshore.
- If I send a postal application and deposit my passports probably for 6 months. During that time if my company decides to send me offshore can they force me to retract my ILR application, get the passports back and travel offshore.

Please advise.

Many thanks,
Vikram

[renzokuken]

Vikram,

You absences of 294 days, is that after you deducted with date of departure and arrival?

[vikramrajpal]

Hi Renzo, I stated my leaves as inclusive of the day I departed and the day i landed. So If I left on 7th and came back on 10th then the leaves I calculated are 4.

[wpilr_nov12]

Hi Renzo, I stated my leaves as inclusive of the day I departed and the day i landed. So If I left on 7th and came back on 10th then the leaves I calculated are 4.

In that case, you were in UK on 7th, and on 10th. So you were out only on 8th and 9th.

[vikramrajpal]

Thanks, I wasn't aware of that...Even If I do that my continued absence from UK on a business trip from 7th Oct'07 to 10th Feb'08 amounts to 94 days which is still greater than 3 months.

Could you please suggest now that my application wasn't accepted by the Solihull PEO (because the continued absence was > 3 months) would it be worth re-applying for a PEO appointment or just sending an application by post?

[wpilr_nov12]

Thanks,

Could you please suggest now that my application wasn't accepted by the Solihull PEO (because the continued absence was > 3 months) would it be worth re-applying for a PEO appointment or just sending an application by post?

1. How solid business justification do you have for this absence? Was there any valid reason why you could not be back before 90 days? Just exploring some thoughts.

2. Whether to reapply at PEO or via post is entirely your decision. Weigh it against cost and time. During the time your passport is with UKBA, you cannot travel out/in of UK.

[vikramrajpal]

I was selected in an internal training program within my organization. 7 weeks of classroom training and then about 6 weeks of on job training. Thereafter I returned to UK. My employer has issued me a letter explaining that I was in India from 7th Oct'07 to 10th Oct'08 for induction in the training program. There isn't any solid reason, just the way things turned out to be.

My other question is regarding applying an ILR through post. If I apply then I can't travel outside UK. In the meantime if my company decides to send me offshore would they be able to force me to retract my ILR application, get my passport back, and move offshore?

[renzokuken]

My other question is regarding applying an ILR through post. If I apply then I can't travel outside UK. In the meantime if my company decides to send me offshore would they be able to force me to retract my ILR application, get my passport back, and move offshore?

I don't know what is the T&C of Tier-2 ICT, but I doubt your employer can force you to withdraw your application. I guess it's illegal

[brij4134]

Hello All,

The Solihull PEO didn't accept my application. They stated a reason that since your continued absence from work - even if it was a paid business trip and you've got all the evidences to prove that - is greater than 3 months; hence, you must go through the postal route. I tried to convince the caseworker to accept my application as a PEO, take a decision later, and send it through post; she got it confirmed with somebody in her team and said she can't accept. So I came back empty handed. They didn't charge me any money though.

May I request for any advise of what my options are now:
1. Can I reapply for a PEO?
2. Should I go ahead and send a postal application?

The key considerations for me are:
- I've a valid Tier 2 ICT till Apr'13.
- With all offshore companies there are constant pressures to be sent back to offshore.
- If I send a postal application and deposit my passports probably for 6 months. During that time if my company decides to send me offshore can they force me to retract my ILR application, get the passports back and travel offshore.

Please advise.

Many thanks,
Vikram

Hi Vikram,
In first instance you choose wrong PEO in your case. If you know it is not straight forward case then always to choose only Croydon PEO. I advise to take new appointment at Croydon and try again as if you send by post you know it take around 6 months. Though final decision is yours. Have a good luck. Brij

[jack902]

I'm sorry to hear that Vikram.

Its exactly what happened to me in March. Luckily, my over 90 days absence happened near the beginning of my 5 year period, so I will be reapplying this month

To be honest, Croydon is an option as there are higher ranking officers on duty - but there is huge chance it will be refused -and then you have lost +-£1400 !!

A postal application would be stressful, sit waiting without passport for at least 4-6 months.

If you ask for your passport back -your application will be cancelled and there is no refund of fees.

When did your +90 days absence happen? How urgent do you need/want ILR?

[wpilr_nov12]

Since your current visa expires in April 2013, if you applied in March at any low ball PEO, you would have eliminated your 94 day problem. Even if you applied p postal next week, that is when you would expect your outcome. Also if you postponed your application to next year you will avoid this difficulty with your employer.


I am not sure if your overall absence will still be over 180, or even that should improve.

[vikramrajpal]

Hi All, Thanks for your response - it's encouraging.

@Jack I first came to the UK on 16th Apr'07. Went back offshore on 7th Oct'07 and came back on 10th Feb'08. I don't have an urgent situation just that I would like to be done with this. I'll be delaying this a second time now.

@wpilr_nov12 I think I totally misjudged the 5 yr continuous period. So are you saying that IF I re-apply at a PEO after 10th Feb'13 then I would've met the continued presence of 5 yrs from Feb'08 to Feb'13. This means that the qualifying period itself changes. I was under the impression that no matter when you apply the continued presence in UK for 5 yrs is calculated from the day you land foot in the UK. Could you please refer me to the UKBA link where the continuous period of stay for ILR is mentioned?

My total absences are 294 (0 unpaid days outside UK) and if I exclude 94 days + I counted the day I left and the day I returned in my total absences. Subtracting the above from the total, my absences from UK comes to be 181 days if I were to apply in Feb'13.

I have seen a v recent case where a colleague had a successful ILR even when he was absent from UK for a good 5 months of unpaid trip. He later produced a doctor's letter of evidence that the trip was carried for pre and post operative care for his mother. He applied through a lawyer/advisor.Is there any value add / benefit in going through a lawyer?

[wpilr_nov12]

Hi All, Thanks for your response - it's encouraging.


@wpilr_nov12 I think I totally misjudged the 5 yr continuous period. So are you saying that IF I re-apply at a PEO after 10th Feb'13 then I would've met the continued presence of 5 yrs from Feb'08 to Feb'13. This means that the qualifying period itself changes.

I was under the impression that no matter when you apply the continued presence in UK for 5 yrs is calculated from the day you land foot in the UK

It might be worth seeking some expert or moderator opinion on the above proposition.

[geriatrix]

Defer your settlement application until 10-Feb-13 and you'll be fine.