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ILR application - temporary absence on police certificate

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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mapreader
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Accountant letter and job creation by counting furlough period

Post by mapreader » Sun Feb 14, 2021 7:04 pm

Dear all, may I clarify below related to the job position created in my business.

1. I plan to submit ILR application in Mar2021, and just got the letter from accountant dated in early Feb. It contains information about the job creation and my status with the company (as director and holding shares)

After the application submission, the actual apppointment at visa centre may be in late Mar. Is there any specific date requirement for this accountant letter (e.g. must be within 28 days?)

I have checked the T1E policy guidance, where there is not any stated time about this accountant letter (while it states the Company House document should be within 3 months).

I think it is ok to use my current letter, but hope to check if there is any different advice/view there.

2. I will claim job creation (2 staff members x 12 months) with some of them in the furlough period . As required by the policy guidance:

Time when your employees were furloughed will count towards the 12 month period, if they have been paid 80% of their normal salary throughout their period of furlough.

The accountant letter gives the 80% indication already. However, I find a tricky bit for one of my employee, having wages paid as below:
Gross annual salary = £13000
Normal monthly pay (as in payslip) = £1083.33
Furlough pay (as in payslip) = £866.66

but now when I double check and calculate the figure (13000/12 * 0.8 = 866.666666...), I find the pay can be viewed as £866.67 if it is rounded up.

Therefore I am worried those months could be not counted (as not meeting 80% of normal salary). And I would like to seek comments/view here.

I have another staff member working less than 12 months. If I counted his job also, it can make up the total 24 months required (even the above questionable months are not counted). I am thinking should I include him with the application to make it more safe then.

Many thanks in advance for your advice.

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Re: Accountant letter and job creation by counting furlough period

Post by zimba » Mon Feb 15, 2021 2:04 am

1. Accountant's letter is only required in certain circumstances. Why are providing this letter?
2. Your concerns about minor rounding issue is baseless. You are way overthinking it
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mapreader
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Re: Accountant letter and job creation by counting furlough period

Post by mapreader » Mon Feb 15, 2021 6:35 pm

Thanks Zimba for your advice.

I refer to the policy guidance, about Job creation: specified documents (quoted below). The letter needs to be dated but the guidance does not specify whether it needs to be within a certain period of submission.

(g) If you took over or joined a business, you must provide a signed and dated letter from an accountant, showing:

(i) the name and contact details of the business,
(ii) your status in the business,
(iii) the number of jobs created in the business and the hours paid in each of the jobs,
(iv) the start dates and end dates (where applicable) of the jobs you are relying on to claim points,
(v) the registration or permission of the accountant to operate in the UK,
(vi) the date that the accountant created the letter on your behalf,
(vii) if the business did not employ workers before you took over or joined it, confirmation of this, and
(viii) confirmation that the accountant will verify the contents of the letter to the Home Office on request.

mapreader
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absence requirement (ILR)

Post by mapreader » Fri Feb 19, 2021 11:22 pm

About application of ILR settlement, there is requirement of maximum absence from UK. According to guidance:

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 months of the qualifying period.

You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on the form but you will not need to provide any specified evidence to support this.

I am sure I can fulfil the requirement, and will just list the detail dates. While it does not require to provide evidence for the application submission, I just wonder how would Home Office verify these. There is immigration check on entry to the UK and stamp on passport, but it seems there is not any such check when departing from the UK.

Is there any need for me to keep record of related information (passport stamp page and boarding pass), just in case if it will ask for more evidence later.

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Re: absence requirement (ILR)

Post by zimba » Sun Feb 21, 2021 8:32 pm

mapreader wrote:
Fri Feb 19, 2021 11:22 pm
About application of ILR settlement, there is requirement of maximum absence from UK. According to guidance:

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 months of the qualifying period.

You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on the form but you will not need to provide any specified evidence to support this.

I am sure I can fulfil the requirement, and will just list the detail dates. While it does not require to provide evidence for the application submission, I just wonder how would Home Office verify these. There is immigration check on entry to the UK and stamp on passport, but it seems there is not any such check when departing from the UK.

Is there any need for me to keep record of related information (passport stamp page and boarding pass), just in case if it will ask for more evidence later.
UKVI has access to departure data from airlines and carriers. They also check your passport for any travel too
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mapreader
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Joined: Sat Jul 28, 2018 4:59 pm
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Re: Accountant letter and job creation by counting furlough period

Post by mapreader » Mon Feb 22, 2021 8:24 am

Dear Zimba, thanks for your reply!

mapreader
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ILR application - temporary absence on police certificate

Post by mapreader » Sat Feb 27, 2021 11:47 am

Dear all,

I am preparing for the ILR application. When looking at my day of absence, I recall something related to the Police Registration Certificate. The certificate stated temporary absence from registered address for 2 months have to be reported.

We arrived in Mar2016 to pick up the BRP on first visa grant. We also registered at OVRO to obtain the police certificate. That was a short visit, and we left for around 3 months to arrange for the migration into UK.

At that time I also noticed this requirement about temporary absence with police certificate. As I left UK already, I wrote a letter and sent to OVRO to notify this absence by postage. I also attached photocopy of the Police Registration Certification.

On my return to UK and subsequent registration of new home address at police station, I did not encounter any problem so I thought it was all ok. And I also obtained the visa extension in 2019.

Indeed I forgot about this, until this ILR application now, where the day of absences need to be provided.

What I am concerned is, there is not any record of that temporary absence notification on the police certificate. And I also did not have any receipt for my reporting letter about the absence.

What I worry is, there may be issues arising when it is cross checked with the police certificate.

Is there anything I should do on this situation?

Thanks in advance for your advice.

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Re: ILR application - temporary absence on police certificate

Post by zimba » Sat Feb 27, 2021 8:14 pm

Minor issue. You will not face any problem
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mapreader
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Re: ILR application - temporary absence on police certificate

Post by mapreader » Sun Feb 28, 2021 8:28 am

Dear Zimba,

Thanks for your reply.

Is it advisable to include this in the cover letter for the application?

Or if it is a minor issue, not worthwhile to bring up for attention, leave it for the moment to keep it simple?

Thanks and regards,

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zimba
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Re: ILR application - temporary absence on police certificate

Post by zimba » Sun Feb 28, 2021 9:46 pm

Up to you. Suggest to ignore it
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mapreader
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Posts: 49
Joined: Sat Jul 28, 2018 4:59 pm
Hong Kong

Re: ILR application - temporary absence on police certificate

Post by mapreader » Thu Mar 04, 2021 5:49 pm

Thanks Zimba for your reply.

mapreader
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Re: ILR application - temporary absence on police certificate

Post by mapreader » Thu Apr 29, 2021 5:28 pm

Dear all,

I am glad to advise you that, I had my ILR submitted in Mar and I got the approval.

The rough time line is:-

Application submission: early Mar
Appointment at visa centre: late Mar
Receive approval Email from Home Office: mid Apr (within 4 weeks after visiting the visa entre)

My sincere thanks to this forum, and all the kind advice from the moderators.

And good luck to all you in the T1E journey. Wish you all the best to achieve the final target!

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