Calculating continuous period residence when not working

[kumarRV]

Hi,

My name is kumar. I have applied for an SET(O) appliction for next monday 21-sep-2015.
However I heard from a friend that I made a mistake calculating continuous period of residence. Can you please help.

Date of grant of TIER 1 General VISA: 13-July-2010
Date of first entry to UK: 16-OCT-2010
Date left UK: 13-Nov-2010
Date returned to UK: 24-01-2011 (72 days after I left)
After this I started working with a company till now with not much absence.
I also hold a tier 1 general VISA till 2017.

I have now applied for an ILR on 21-sep-2015 (28 days before 5 year completion).
Last minute talking to a friend got me panicking.

Can someone confirm if I can include the above absence of 72 days in continuous period of residence?

Thanks,
kumar

[Go12]

Hi,
You seem to have the right date.
I m also applying during the same time .

[kumarRV]

Sorry for asking you again,
are you saying the 72 days can be considered in continuous period of residence for 5 years?
In that case are you saying I am eligible to apply for ILR on 21-Sep-2015 and there shoudl be no issues?

Thanks,
Kumar

[Go12]

Yes ,those 72 days are fine ,since it's well within
180 days of absences in any 12 consecutive months.
21st sept is the right date.

[kumarRV]

I can't submit any proof for leave of absence for that 72 days as I was not employed by any company during that period. However I can give them the proof of employment offer and agreement to start a bit late.

Should that suffice the reason for the absence in that 72 days?

Thank you very much for taking time and effort.

kumar

[Go12]

Just give a personal absence letter,
I have absences of 153 days,had to settle my
Family etc in home country ,m just giving a personal
Letter.you should be fine

[kumarRV]

Great good luck with your application.
I think very soon I will post complete details, list of proofs, letters etce tc on this post for the benefit of everyone.

Thanks,
kumar

[Go12]

Hi,
I have few doubts in section c of the form
Can I have your email id ,since I need to clarify

[kumarRV]

I tried to send you a private message but don't know how. Anyways whatever we discuss here is helpful for everyone. So I think its a good idea to post the questions here. Please post your question here and let everyone knowledgeable answer it.

[Go12]

Hi,
Thanks.i tried sending PM you ,but we need to have
At least 10 posts.
Anyways my question is Below:
In set (0) form B4 section before point C(age assessment )
The option s are:
1.evidence is not required to be given application ,if already submitted with previous tier 1 application
2.Original degree of Award.
3.original transcript .
4.original academic reference alone .
Should I tick 1 or 2 ?or both ?
Plz advice
Thanks

[kumarRV]

I tick option 1 for the question as I have claimed points for the same qualification in my prev TIER 1 extension .
I don't have any originals now so I am going to take a photo copy of the original and tick option 1.

If you are claimign points for a diferent one then you should choose 2 in my view.

[Go12]

Thanx,
I have p60 for 4 years ,is that sufficient ?or do we need to have employment history too?i have requested for employment history from hmrc ,but I don't think so I will get it on time.
In the 5.3 section should we write the gross salary received or net salary?Are you full time salaried for all the 5 years or self employed?
Plz advice.

[kumarRV]

1. I think P60 for 4 years is definitely sufficient along with atleast last 6-9 months payslips.
in section 5.3, I think you need to put the net income.

[kumarRV]

sorry for asking this again,
is it compulsory that all absences should be on paid leave?

I have seen in document "ILRcont_periods_v12.0_EXT.pdf", that the candidate should have 5 year employment and absences should be on paid leave. The only exception is 60 days maximum period allowed with unpaid leave on conclusion of old job and start of new job.

Can someone please give a detailed look at this particular clause?

[kumarRV]

Just to put you on safe side, the year for which you don't have p60, you need to back it up with other proof such as payslips or may be empolyment letter etce tc.

[kumarRV]

Slightly off topic, I have used my degree taught in english to satisfy the english language requirements in all my previous extensions. I am going to use the same this time. However I don't have original degree with me right now. I am planning to take a photo copy of the same and tick the option of proven it under section 9, B2.

I consider it is not an issue. Does anyone disagree?

[noajthan]

Slightly off topic, I have used my degree taught in english to satisfy the english language requirements in all my previous extensions. I am going to use the same this time. However I don't have original degree with me right now. I am planning to take a photo copy of the same and tick the option of proven it under section 9, B2.

I consider it is not an issue. Does anyone disagree?

HO caseworker may disagree.

Evidence of knowledge of Language and of Life in the UK
Your original degree certificate

See pg 14 of guidance:
https://www.gov.uk/government/uploads/s ... _final.pdf

[kumarRV]

Thanks for cautioning me, are you sure its a deal breaker?

I dont' have a choice now I guess as It takes more than a week to get hte certificate from india.

But if the original degree is not required to prove the qualification as its been proven before, why wouldn't they consider the same for the english language test?

I am also going to give a print out from the points based calculator, with the equivalent level of your degree and the level of English.

I understand its what hte HO caser worker thinks but don't they give us time to produce the document at a later point?

[kumarRV]

Hello Everyone,

I am writing this post to inform that I have my ILR granted. Thanks to everyone for their help. I will try to read as many posts and return the favour from now on. Also for the sake of everyone's benefit I am posting a list of all the docuemnts given.

To,
The VISA Issuing Officer,
Solihull,
Birmingham


Sub: SET (O) application

Dear Sir/Madam,

I XXXXXXXXX would like to submit the application for the settlement SET (O) in this country. I have been living in the country from XXXX until now as Tier 1 General Migrant. I believe I have satisfied all the eligibility requirements set out for the settlement. I hereby produce the following documentation and evidence in support of my application for settlement.


1. SET (O) Application form
2. Current and previous Passports
3. Biometric Residence permit
4. 2 Photos
5. Passports
6. Life in the UK Pass Certificate
7. Proof of English language
a. Original Degree Certificate (not need if you have already submitted it)
b. Points based calculator document showing 10 points awarded for the degree
c. Previous Tier1 extension documents showing points claimed
8. Tier 1 General Migrant points claimed
a. Earnings (X) points claimed
i. 12 month pay slips
ii. 12 month Bank Statements
iii. Letter from employer
iv. 5 year P60’s

b. Qualification (X) points claimed
i. Original degree certificate
ii. Previous claimed points

c. Age 20 points claimed
i. Previous Tier1 extension documents showing points claimed

d. UK experience 5 points claimed
9. Residency Address proof
a. Letter from the landlord
b. Utility bills
10. Continuous Residence
a. Employer letters
b. Immigration History
I also produce a separate letter explaining the absences from UK and provided enough evidence in support of continuous requirement clause.
I assure you that I have lived in the country during the above mentioned period legally with no dependency on the public funds and to the best of my conduct. I am happy to inform you that I have scored 80 points in self-assessment and I believe I have given sufficient evidence in all those aspects of the application.
Hence I request you to kindly consider my application and grant me the settlement.
Thanking You,


Yours faithfully,
XXXXXXXXXXXX



To,
The VISA Issuing Officer,
Solihull,
Birmingham

Sub: SET (O) application, explanation of the absences from UK
Dear Sir/Madam,

I XXXXXXXXXXX would like to submit an explanation for all the absences from UK in the last consecutive 5 years. My first date of entry to UK is on XXXXXXXX as the stamping on page X of my current passport shows. Since then I have been a continuous resident of this country (X days) with few absences as shown below.

Date left UK
Date returned to UK
Reason for absence
19-04-2014 (Page X)
24-05-2014 (page X)
XXXXXXXXXXXXXXX

The page numbers next to the dates are the pages in the current passport that show the relevant immigration stamps.
I have been working with the XXXXXXXXXX since XXXXXXX until now without any break in employment. All the absences from XXXXXXX to XXXXXXX were taken as holidays from the annual paid leave allowance granted by the company. The absence from XXXXX to XXXXXXX (personal) was taken for XXXXXXXXXXXXXXXXXXX purpose.

I hereby submit two letters from the company as evidence in support of the above absences. I hope I have given a clear explanation and provided enough evidence to all the absences from UK in the last 5 years to the satisfaction of the entry clearance officer.

Please do let me know if you need any more details or documents. I believe I have given all the necessary information and completely satisfied the continuous period of residence requirement and hence I request you to approve the same.

Thanking you,





Yours faithfully,
XXXXXXXXXXXX

[Go12]

Gre8,
Congrats,I got my ILR approved yesterday too.

[kumarRV]

Congrats to you tooo.

Please put your limitations here which you thought could be a problem and how you convinced the case worker. Probably there will be some with similar issues. good luck.

[Go12]

Hi,
My only concern were my absences of 153 days at a strech ,when I was out of UK and unemployed.I just wrote a personal letter explaining it.Thats it ,may be as long as the absences are within 180 days ,it's alright.i got my ILR approved in 60 mins
Great relief.
Thanks

[kumarRV]

Great thanks. All the best Go12

[Tier1Tier2Tier3]

hello,

did you have more than 180 days in 5 years or just one single absence of 163 days?
I know that it says 180 days in a 12 month period..is there any clause for 180 days in total of 5 years or something too?

Thanks

[Go12]

Hi,
I had 153 days of absences at a stretch in the 1st year ,but

I never took a leave from past 4 years ,present in uk till date:)