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URGENT ILR Set O queries regarding dates and absence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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hemant_lakhani
Junior Member
Posts: 72
Joined: Thu Jan 30, 2014 8:45 pm

URGENT ILR Set O queries regarding dates and absence

Post by hemant_lakhani » Fri Mar 28, 2014 6:26 pm

Greetings, Thanks to the forum and very helpful members.
I am applying for ILR using Set O on 1st April at Cryoden PEO. I have some final questions, Please advise:

Question 1: I am applying for ILR next week with my dependent wife, I have filled her details is Set O form, is there any other form needed (like PBS dependent) to be filled or 1 form Set O is sufficient for both of us?

Before the next questions, My Situation:
I first came in the UK on 15 Oct 2007 on Work permit, switched to Tier 1 (general in Aug 2009) and I have 8 months continuous break which is breaking in 2 years making it less than 180 days in any year based on date of application as 1 April 2010 as shown in below table.

From-To: Visa Status :IN / OUT dates :Number of days Absence : Description
Year 1
01-Apr-2014 to 02-Apr-2013 : Tier 1 (General) : 0
Year 2
01-Apr-2013 to 02-Apr-2012 : Tier 1 (General) : 0
Year 3
01-Apr-2012 to 02-Apr-2011 : Tier 1 (General) : 0

Year 4
01-Apr-2011 to 02-Apr-2010 : Tier 1 (General)
IN 18-Sep-2010 : *169 days absence : Employer sent to India (days include 34 days annual leave)

Year 5
01-Apr-2010 to 02-Apr-2009 : Switched from Work Permit to Tier 1 (General) in Aug 2009 : OUT 20-Jun-2009 IN 05-Jul-2009; OUT 18-Jan-2010 : *87 days absence : Employer sent to India (days include 14 days annual leave)

Year 6
01-Apr-2009 to 02-Apr-2008 : Work Permit : 0

Year 7 (Partial)
01-Apr-2008 to 15-Oct-2007 : Work Permit : 0


I have some queries regarding Set O form:

Question 2: Section 3: category-
I have selected Section A- Tier 1 (General)
Do I also need to select PBS dependent in Section B for my dependent wife ?

Question 3: Section 6:
6.1 When did you first enter in the UK (on which application is based)
This should be date I entered 15 Oct 2007 or the first date from when I am calculating 5 years which is 2 April 2009, Please consider above details as I was on Work permit on this date, was in UK and switched to Tier 1 in Aug 2009. Please advise.

Question 4: Section 7:
7.11 details of any absence of more than 6 months:
I have 8 months continuous absence which is breaking into 2 years making it less than 180 days in any year (five, four, three, two)
Do I need to mention this 8 months absence here as its more than 6 months or I don't need to because its broken down into 2 calculated years based in date of application, please advise.

Question 5: Depending on above information, does everything looks ok or do you see if I may have any issue in getting ILR ?

Please advise Urgently, Thanks

Amber
Moderator
Posts: 17495
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: URGENT ILR Set O queries regarding dates and absence

Post by Amber » Fri Mar 28, 2014 11:47 pm

hemant_lakhani wrote:Greetings, Thanks to the forum and very helpful members.
I am applying for ILR using Set O on 1st April at Cryoden PEO. I have some final questions, Please advise:

Question 1: I am applying for ILR next week with my dependent wife, I have filled her details is Set O form, is there any other form needed (like PBS dependent) to be filled or 1 form Set O is sufficient for both of us?

SET(O) for both, no additional form.

Before the next questions, My Situation:
I first came in the UK on 15 Oct 2007 on Work permit, switched to Tier 1 (general in Aug 2009) and I have 8 months continuous break which is breaking in 2 years making it less than 180 days in any year based on date of application as 1 April 2010 as shown in below table.

From-To: Visa Status :IN / OUT dates :Number of days Absence : Description
Year 1
01-Apr-2014 to 02-Apr-2013 : Tier 1 (General) : 0
Year 2
01-Apr-2013 to 02-Apr-2012 : Tier 1 (General) : 0
Year 3
01-Apr-2012 to 02-Apr-2011 : Tier 1 (General) : 0

Year 4
01-Apr-2011 to 02-Apr-2010 : Tier 1 (General)
IN 18-Sep-2010 : *169 days absence : Employer sent to India (days include 34 days annual leave)

Year 5
01-Apr-2010 to 02-Apr-2009 : Switched from Work Permit to Tier 1 (General) in Aug 2009 : OUT 20-Jun-2009 IN 05-Jul-2009; OUT 18-Jan-2010 : *87 days absence : Employer sent to India (days include 14 days annual leave)

Year 6
01-Apr-2009 to 02-Apr-2008 : Work Permit : 0

Year 7 (Partial)
01-Apr-2008 to 15-Oct-2007 : Work Permit : 0


I have some queries regarding Set O form:

Question 2: Section 3: category-
I have selected Section A- Tier 1 (General)
Do I also need to select PBS dependent in Section B for my dependent wife ?

No.

Question 3: Section 6:
6.1 When did you first enter in the UK (on which application is based)
This should be date I entered 15 Oct 2007 or the first date from when I am calculating 5 years which is 2 April 2009, Please consider above details as I was on Work permit on this date, was in UK and switched to Tier 1 in Aug 2009. Please advise.

When your period starts April 2009.

Question 4: Section 7:
7.11 details of any absence of more than 6 months:
I have 8 months continuous absence which is breaking into 2 years making it less than 180 days in any year (five, four, three, two)
Do I need to mention this 8 months absence here as its more than 6 months or I don't need to because its broken down into 2 calculated years based in date of application, please advise.

If an absence is greater than 6 months it'll need declaring.

Question 5: Depending on above information, does everything looks ok or do you see if I may have any issue in getting ILR ?

It looks ok.

Please advise Urgently, Thanks
**this forum is not intended to be a substitute for professional advice**
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hemant_lakhani
Junior Member
Posts: 72
Joined: Thu Jan 30, 2014 8:45 pm

Re: URGENT ILR Set O queries regarding dates and absence

Post by hemant_lakhani » Sat Mar 29, 2014 8:37 am

Many Thanks Amber, much appreciated. Cheers :-)

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