ILR - Query regarding absences from the UK

[vd_ilr]

Dear friends,

I plan to apply for ILR - SET(O) on 1st March 2013 by PEO appointment. I came to UK in 2007 and was on work permit from 2007 to June 2008, later changed to Tier 1 (General) from June 2008 to 2013. Below are my absences from UK for the 5 year period from the date of my application. And I have copied what permit I was on during leave period.

Year 1: 01 March 2013 - 29 Feb 2012 = 38 days - UK Paid annual leave - Tier 1 (General)
Year 2: 01 March 2012 - 28 Feb 2011 = 29 days - UK Paid annual leave - Tier 1 (General)
Year 3: 01 March 2011 - 28 Feb 2010 = 155 days - Paid in India - Tier 1 (General)
Year 4: 01 March 2010 - 28 Feb 2009 = 66 days - Paid in India - Tier 1 (General)
Year 5: 01 March 2009 - 29 Feb 2008 = 30 days - UK Paid annual leave - Tier 1 (General)

With the new 180 days rule in place, my query is related to below notes from Immigration rule: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Question 1) Do I need to show any proof or any compelling reasons why I was working from India (155 days and 66 days during 2010)? Please note I was on Tier (1) General during these absence and not on Work Permit. From what I understand, only if you are on Work Permit or Tier 2 then its required to produce sufficient documents to support your absences from UK. Otherwise as long as you are less than 180 days in any 5 consecutive years it should not affect the “continuous period of 5 years lawfully in the UK” rule.

Also I plan to produce below documents.

1. Summary/Covering letter
2. Completed ILR SET(O) Form
3. Print of point base calculator showing 75 points
4. Previous 12 month Bank statements and copies
5. Previous 12 month Payslips and copies
6. Life In UK test certificate and a copy
7. Latest Passport and a copy
8. Old Passport and a copy
9. Biometric Resident Permit card (got this while I extended my Tier 1)
10. Latest employer letter and a copy
11. Initial Work Permit letter and a copy
12. Tier (1) General approval letter and a copy
13. HMRC 5 year employment history

Question 2) Do I need to carry any other documents?

Please help me answer above two questions.

Thanks

[vd_ilr]

friends, please can someone help me answer my queries? Thanks

[wpilr_nov12]

You will have a better understanding of doc requirements if you work your way through the SetO form.

[thatsy]

I doubt anyone here can give you a solid YES/NO.

My understanding is that if you were on T1G, as long as your absences don't exceed 180 in any 12 month period counting backwards from the date of your ILR application and don't exceed 90 at any one time, you are not required to submit any evidence.

Since one of your absences exceeds the 90-day threshold, I suppose you would need an employer letter saying you were away on business and that it was related to your emplyment in the UK. I would personally advise against putting anything more than is necessary in this letter. The word "related" is not clearly defined by UKBA.

Please wait for others to confirm/deny my response before considering it.

[rajan1981]

Hi,

Year 3: 01 March 2011 - 28 Feb 2010 = 155 days - Paid in India - Tier 1 (General)
Year 4: 01 March 2010 - 28 Feb 2009 = 66 days - Paid in India - Tier 1 (General)

That's a nice way of splitting 200+ days outside UK. Guess the new rules really helped you.
As HO is very picky about the unpaid absences outside country, you may have hard time explaining this. but as days are with in the allowed limit you could give it a try. Its hard to suggest about explaining it under the 'compelling or compassionate reasons' tab!

Good luck.

[vd_ilr]

Thanks all

With regards to below question in the new SET(O) form:

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:

Does that mean 90 days in any year OR in total of 5 year period? This is bit confusing

If it's in any year then I might go for below option

Year 1: 20 March 2013 - 19 March 2012 = 38 days - UK Paid annual leave - Tier 1 (General)
Year 2: 20 March 2012 - 19 March 2011 = 28 days - UK Paid annual leave - Tier 1 (General)
Year 3: 20 March 2011 - 19 March 2010 = 136 days - Paid in India - Tier 1 (General) 50 days and another 86 days.
Year 4: 20 March 2010 - 19 March 2009 = 85 days - Paid in India - Tier 1 (General)
Year 5: 20 March 2009 - 19 March 2008 = 30 days - UK Paid annual leave - Tier 1 (General)

Any thoughts please?

[cs95tdg]

Thanks all

With regards to below question in the new SET(O) form:

D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:

Does that mean 90 days in any year OR in total of 5 year period? This is bit confusing

If it's in any year then I might go for below option

Year 1: 20 March 2013 - 19 March 2012 = 38 days - UK Paid annual leave - Tier 1 (General)
Year 2: 20 March 2012 - 19 March 2011 = 28 days - UK Paid annual leave - Tier 1 (General)
Year 3: 20 March 2011 - 19 March 2010 = 136 days - Paid in India - Tier 1 (General) 50 days and another 86 days.
Year 4: 20 March 2010 - 19 March 2009 = 85 days - Paid in India - Tier 1 (General)
Year 5: 20 March 2009 - 19 March 2008 = 30 days - UK Paid annual leave - Tier 1 (General)

Any thoughts please?

This question does seem be inappropriate with the recent immigration rule changes around absences for ILR.

However, what it is referring to is whether you have had any single absence over 3 months during the 5 years and also a total of 180 days or more within the 5 year period. As your total absences during the 5 years does exceed 180 days you would answer this as "yes".

[vd_ilr]

Thanks cs95tdg.

One of the members from this forum has raised this concern with UKBA. Please see below link. They are suppose to give an answer by 21 Jan 2013.

http://www.whatdotheyknow.com/request/c ... ing-343141

More members from this forum should post their comments in above web so that UKBA knows there are 100+ people waiting to get clarification on section 9 D2 of SET(O) form.

[vd_ilr]

Finally we have got a reply from UKBA reg question D2.

Dear Sir/Madam,

In the light of the recent changes to the immigration rules, question D2 of the SET(O) form is no longer relevant and will be amended at the next available opportunity.

Kind regards

Ann Woodall |Operational Policy and Rules| Blue zone, 5th Floor|Capital Building |Old Hall St |Liverpool L3 9PP

Link: http://www.whatdotheyknow.com/request/c ... ermited_ab

This would mean question D3 is also invalid. Not sure when they are planning to get the SET(O) form updated.

[uksettlement]

It should be changed when next the forms are updated. That will also stop case workers looking into 90 days at a stretch absence.