ILR: Away from UK for 6 days when unemployed

RohitILR1 · Post by **RohitILR1** » Tue Aug 13, 2013 10:12 am

I've been on TIER 1(General) PBS category and about to apply for ILR. I need to furnish evidence of absences from the UK for the past 5 years. I went to France on Tourist Visa for 6 days when I was not in any employment in the UK and was looking for a new job. I just accompanied my wife to France who visited there on her company sponsored business Trip. So, my trip was not sponsored.

Can you please suggest if this breaks my 5 YEARS continuity in the UK as I was in France for 6 days when I was actually unemployed and so this was not my employment related travel.
Though I've been on TIER1 (General) Visa, but I fear that UKBA will say that the trip is nowhere related to my employment and may reject my ILR just for this minor reason. I'm in trouble; can anyone please suggest the evidence that I can provide for absence to satify UKBA.

(My total absence in past 5 years is just 80 days in total).

Post by **Amber** » Tue Aug 13, 2013 10:31 am

You have nothing to worry about.

newbie_2013 · Post by **newbie_2013** » Tue Aug 13, 2013 10:32 am

RohitILR1 wrote:I've been on TIER 1(General) PBS category and about to apply for ILR. I need to furnish evidence of absences from the UK for the past 5 years. I went to France on Tourist Visa for 6 days when I was not in any employment in the UK and was looking for a new job. I just accompanied my wife to France who visited there on her company sponsored business Trip. So, my trip was not sponsored.

Can you please suggest if this breaks my 5 YEARS continuity in the UK as I was in France for 6 days when I was actually unemployed and so this was not my employment related travel.
Though I've been on TIER1 (General) Visa, but I fear that UKBA will say that the trip is nowhere related to my employment and may reject my ILR just for this minor reason. I'm in trouble; can anyone please suggest the evidence that I can provide for absence to satify UKBA.

(My total absence in past 5 years is just 80 days in total).

No you will be fine. Nothing to worry about.
A bit of advice: Please calm down

RohitILR1 · Post by **RohitILR1** » Tue Aug 13, 2013 10:59 am

Thanks for you replies. But UKBA has a different guidelines:

Part 6A (pt c) of the PBS system states;
--------------------------------
Quote
"Except for periods where the applicant had leave as a Tier 1 (Investor) Migrant, Tier 1 (Entrepreneur) Migrant, Tier 1 (Exceptional) Migrant or a highly skilled migrant, any absences from the UK during the 5 years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons
"

In my case, I was away to France for 6 days but I was unemployed. So, absence was unpaid, and not related to employment. Also neither serious nor compelling. Can you please provide any supportive evidence from UKBA that helps my case. Many thanks.

Post by **Amber** » Tue Aug 13, 2013 11:01 am

The guidance may say that but in practice people are not asked for evidence when the absence falls below 180 days in any 12 month period.

RohitILR1 · Post by **RohitILR1** » Tue Aug 13, 2013 11:19 am

Hi Amber,
Thanks for your reply. This is definitely relieving.
But after Apr 2013, form SET(O) clearly asks us to mention the IN/OUT date from UK and we need to provide the reasons in the form. At the same time, it is asked to provide the evidence in section 6.2.
And then section 6.3 asks 'What evidence is provided'

So, any idea how can we escape from providing the evidence though it is less than 180 days/yr.

Many thanks and sorry for the trouble.

RohitILR1 · Post by **RohitILR1** » Tue Aug 13, 2013 9:42 pm

So, can anyone suggest what should I fill in the form SET(O) section 6.1/6.2/6.3 for the six days I was not in the UK but was unemployed. How can I furnish a reason related to employment.

Or, should I NOT mention about this visit......But my passport has entry/exit stamp. I'm bit confused..Any help or supporting document would be highly appreciated. Thanks.

newbie_2013 · Post by **newbie_2013** » Tue Aug 13, 2013 9:52 pm

RohitILR1 wrote:So, can anyone suggest what should I fill in the form SET(O) section 6.1/6.2/6.3 for the six days I was not in the UK but was unemployed. How can I furnish a reason related to employment.

Or, should I NOT mention about this visit......But my passport has entry/exit stamp. I'm bit confused..Any help or supporting document would be highly appreciated. Thanks.

Your question is already answered. you are worried for no reason whatso ever. What's wrong in mentioning in your ILR application that you were away on holiday? IT WILL NOT BREAK YOUR CONTINUITY OR ANYTHNG. But you need to mention it in the application thats all. The proof is the stamps itself. Or if you have the flight tickets emails, etc. But you will not be asked to provide anything.
So just relax

RohitILR1 · Post by **RohitILR1** » Wed Aug 14, 2013 10:03 am

Thanks newbie_2013!!

Shace · Post by **Shace** » Fri Aug 16, 2013 9:41 am

RohitILR1

I am in same situation as you, i was outside in my first year(2009) for 85 days and didnt have a job in UK(i have 6 months more to apply for ILR)
according to the guidance this breaks continuity, this is the exact wording from UKBA ops team by email
"Absences from the UK whilst unemployed cannot be considered to be employment related, therefore would break continuity"
(https://www.whatdotheyknow.com/request/ ... _ilr_rules)

however on the positive side i have not seen a single case refused on this basis and i have searched different forums in the web and all have got their ILR with unpaid absence.(there are plenty of examples in this forum itself)

I agree with "D4109125", in practice as long as your holidays are under 180 days you are safe.

dont worry too much.

shace

Go12 · Post by **Go12** » Fri Aug 16, 2013 11:17 am

Hi,
I got visa tier1 on oct 6th 2010.came to uk the very next day .searched for job but no luck so went back to India for personal reasons in 6th November 2010.came back again on 9th April 2011 and financially active till now in uk,did my 1st extension and visa valid til oct 15h 2015.In total just absence of 150 days till date.so can I apply for ILR in 2015 oct?
Please advice.
Thanks again

ldbright · Post by **ldbright** » Fri Aug 16, 2013 11:43 am

To me there is a (big?) difference between you are away for holiday for 6 days and went back to the country for half a year.

Go12 · Post by **Go12** » Fri Aug 16, 2013 1:42 pm

I am here to ask for an helpful advice,not a comment.
Thanks

ldbright · Post by **ldbright** » Fri Aug 16, 2013 3:04 pm

Go12 wrote:I am here to ask for an helpful advice,not a comment.
Thanks

People comment to help.

RohitILR1 · Post by **RohitILR1** » Fri Aug 16, 2013 3:09 pm

Shace

As you were not in the UK for quite a long period of time, it would be great if you collect enough evidence showing what you were doing away (or it was just holiday then some sort of related proof). In your case UKBA discretion would matter most. But I was away only for 6 days so again its their discretion. I'll show them proof of holiday and a couple of emails of that date explaining I was actively looking for employment in the UK. Fingers crossed.

Hi Go12,
Your ILR is due in 2015 and UKBA guidelines keep changing every 3 months or so. So, would be better if you start reading the guidelines published at that time and plan accordingly. No need to worry at this point of time.

Go12 · Post by **Go12** » Fri Aug 16, 2013 3:30 pm

Thanks rohit

Post by **geriatrix** » Wed Aug 21, 2013 1:05 am

RohitILR1 wrote:Hi,

I'm on TIER1 (General) Visa and about to apply for ILR. I've received letter from HMRC having NI/Tax details for 4 financial years. But there is no tax details for the very first year I came to the UK. This is because I came to UK on WP from Indian company and they used to deposit just the GBP in my account without any payslip. And no tax/ni was deducted by the company (no UK payroll).Any suggestions if this can create any obstacle for ILR?? Thanks in advance.

RohitILR1 · Post by **RohitILR1** » Wed Aug 21, 2013 9:21 am

Hi Sushdmehta,

Thanks for looking into the post. I just created a new topic as my recent question is related to TAX/NI paid and NOT absences related. So, people can suggest in a new topic , at the same time it would be helpful to many other members. Can you please suggest. Thanks in advance.

RohitILR1 · Post by **RohitILR1** » Wed Aug 21, 2013 10:20 am

Can this query be looked into please:
Hi,

I'm on TIER1 (General) Visa and about to apply for ILR. I've received letter from HMRC having NI/Tax details for 4 financial years. But there is no tax details for the very first year I came to the UK. This is because I came to UK on WP from Indian company and they used to deposit just the GBP in my account without any payslip. And no tax/ni was deducted by the company (no UK payroll).Any suggestions if this can create any obstacle for ILR?? Thanks in advance.

vivdubes · Post by **vivdubes** » Wed Aug 21, 2013 12:43 pm

You shouldnt apply before sorting this out this is clear cut tax evasion unless you want to loose your fees. Not sure why Indian companies do this .. but do wait for gurus to reply.. who has more experience about these evasive companies..

RohitILR1 · Post by **RohitILR1** » Wed Aug 21, 2013 1:05 pm

Thanks Vivdubes.
Yes, you're right. The Indian company used to provide Indian salary and Indian payslips. But in UK bank account they just used to deposit money (call them allowances). So, basically no NI or IT was deducted at that point of time. And I was given FORM16 (UK equivalent of P60). I was with them for 4 months and then applied for TIER1 myself based on prior Indian earnings.
Gurus (or experienced) if you can advice please. Thanks.

RohitILR1 · Post by **RohitILR1** » Wed Aug 21, 2013 3:48 pm

Any updates on this please. As per HMRC, they don't have any Tax/NI records for me for the very first year. They do have it for the rest 4 years among the last 5 years. In such case, is it necessary to present HMRC letter of employment history to case worker??
I would appreciate if Gurus can share their opinion.
Thanks.

Post by **geriatrix** » Wed Aug 21, 2013 3:52 pm

Be patient. People will respond if and when they wish to. If in a hurry, go and see a solicitor.

Have you made an effort to read the policy guidance? Why do you want to submit the HMRC document or think you need this?

RohitILR1 · Post by **RohitILR1** » Wed Aug 21, 2013 4:08 pm

Hi sushdmehta

Thanks for your response.

I read the guidance document and P60 submission is not mandatory. This is just an evidence that you've paid taxes in the past 5 years and reflects tax/earnings etc in just one letter. But anyways, I m not in aposition to submit one.

Post by **geriatrix** » Wed Aug 21, 2013 4:14 pm

Does the form / policy guidance requires you to provide evidence of paying taxes / NI?
So?

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