Another ILR success with >90 days absence in one go

[tier1general2009]

this is my turn to write my success story in liverpool peo today.

My ILR application is through WP + Tier 1 General after finishing by 4 yrs and 11 months. My case is very straight forward other than the absence of 97 days in a business trip which was back in 2010. My total absence was 191 days in all 5 years which is fairly within the limit as well. But still I hired a solicitor for my case as I was not so comfortable with my 97 days absence (though had read the posts of uksettlement and deepa999).

And my fear was right as the lady in the registration desk enquired about the absence of more than 90 days and said she need to check with senior cw whether they can accept my application. My solicitor already told me that she will make sure they wont proceed with payment unless they are ok with my application. The registration lady did go to the senior cw with my employer absence letter (the letter I have got was powerful in terms of justifying my absence).

She came back after few mins and had a chat with my solicitor again. I was anxiously waiting to hear what she said and in the next few mins my solicitor did ask me to go for payment. It was a great sigh of relief for me otherwise my solicitor said we would withdraw the application if they dont agree with absences.

finally made payment and my case was assigned to a case worker. My solicitor went to the cw and the first question the cw asked is about the absences. My solicitor did explain the absences again and the proof of employer letter as well. they had a brief chat on it and after 20 mins, I was asked to go for biometrics. When I came back from my biometrics, I saw my solicitor talking to cw again and they both turned to me and asked if my biometric was fine and I replied yes.

My solicitor came to me after few mins and said my case is fine and the cw is just wrapping up the documents and will be ready in another 10 mins.

As she said, the cw called me and solicitor after 10 mins and confirmed that she is fine with my application and granting me ILR.

I was sceptic in using a solicitor as I thought I would go on my own, but my solicitor was so efficient enough and I was really well satisfied with her efforts in each and every stage. There was no need for me to explain anything in any stage.

In my opinion, the decision on the >90 days absence is clearly depend upon case to case basis and definitely need supporting documents to justify it.

I am happy to help if you have any questions. I am still not home, so my reply will be a bit delayed. Thanks.

[Ramana66]

Congratulations!!

You have mentioned that your employer letter was powerful and helped a lot. Could you share the draft letter on the forum for benefit of people who are in same situation as yours.

Thanks,

[Deepa999]

tier1general2009

Hearty Congratulations, Enjoy your time

Deepa

[T1_Mainframe]

Congratulations!!

this is my turn to write my success story in liverpool peo today.

But still I hired a solicitor for my case as I was not so comfortable with my 97 days absence (though had read the posts of uksettlement and deepa999).

Your case is quite different from Deepa. In your case, absence was work related and you had a letter from employer. However, Deepa's absence is not justified by any reason and document.

[seekingilr]

hi tier1general2009

Congrats !!
during your continuous absences of more than 90 days , what was your visa status ? Tier 1 or WP ?

[uksettlement]

Congratulations!!

Your case is quite different from Deepa. In your case, absence was work related and you had a letter from employer. However, Deepa's absence is not justified by any reason and document.

Hi, T1 as you know as per the rules the caseworkers cannot ask for the employer letter etc however, they are still asking for it because of lack of training to the case working staff.

[thatsy]

Same as Ramana66 - please could you share the template of your employer letter?

[tier1general2009]

@seekingilr,

I was on Tier 1 General when I was sent on deputation.

[tier1general2009]

@ Ramana66 and thatsy

This is the letter that I have got.

Dear Sir/Madam,

This is to certify that Mr. XXXX was employed with XXXX.

His details as per our official records are mentioned below:

Employee Number
Date of Joining
Role
Date Of Leaving

As per the company's policy we send employees on international assignment whenever needed due to project requirements.

During his tenure in XXXX, he was assigned a project in XXXX [Country Name] [Company Name] between YYYY-MM-DD and YYYY-MM-DD due to project requirements

On the end of his XXXX [Country Name] assignment, he was expected by the company to resume his role and support in the same project in UK.

Any reference check can be made for this Employee by writing to XXXX@company.com