ILR JR - Another Query - Please Help

[jamesuk]

Hi guys,

I have made an appointment at the Sheffield PEO for an ILR application under HSMP JR.

Number of days absent from UK in the past 4 years -
2005- 59 days
2006- 40 days
2007- 42 days
2008- 36 days
2009- 25 days

Total 202 days absence mainly visiting my home country where I came from. The departure date and the return dates have been already excluded here.

I'm in a job which gives me 6 weeks of annual Paid leave and most of the time, I have taken my leave around Easter / Christmas time- which means I could include the Bank Holidays. In 2005, the extended leave was for my wedding and I had another 2 weeks on top of my allowed 6 weeks leave in 2005, all of which was Paid and I have Payslips and corresponding entries in my bank account to prove this.

Now my question is- i have gone through many threads here about this-

1) Is my application -straight forward- to be dealt at the PEO or is it better to send it by post - to get a favourable decision
2) Can i exclude the weekends and get a better figure- for the absences

any help/suggestions/ advice really appreciated

[jamesuk]

hey guys

that was my first post here, I do hope someone will come around and will have an answer. looking forward to it

[rkudum]

Hi guys,

I have made an appointment at the Sheffield PEO for an ILR application under HSMP JR.

Number of days absent from UK in the past 4 years -
2005- 59 days
2006- 40 days
2007- 42 days
2008- 36 days
2009- 25 days

Total 202 days absence mainly visiting my home country where I came from. The departure date and the return dates have been already excluded here.

I'm in a job which gives me 6 weeks of annual Paid leave and most of the time, I have taken my leave around Easter / Christmas time- which means I could include the Bank Holidays. In 2005, the extended leave was for my wedding and I had another 2 weeks on top of my allowed 6 weeks leave in 2005, all of which was Paid and I have Payslips and corresponding entries in my bank account to prove this.

Now my question is- i have gone through many threads here about this-

1) Is my application -straight forward- to be dealt at the PEO or is it better to send it by post - to get a favourable decision
2) Can i exclude the weekends and get a better figure- for the absences

any help/suggestions/ advice really appreciated

Would your Employer be able to provide this in writing. If so i would suggest you take a letter from your Employer stating your holidays and explain your situation in detail in a covering letter.

Since you have been paid for most of your holidays i think you should be fine.

[jamesuk]

thanks rkudum,

the problem is i have changed 4 jobs in the past- which means I have got 4 different employers. chasing all for getting a letter about my Paid Annual Leave - will not be quite feasible in the current climate.

thanks for the reply

[global gypsy]

Suggest you do the following:
1. prepare a spreadsheet for the absences from UK. Exclude weekends and public holidays from your calculation of days outside. This should result in a number less than 180.
2. go for a personal interview at PEO. this way you can respond to any questions raised.
3. if you have P60s and payslips to prove you were paid during the periods of absence, that should be fine.

Best of luck.

[bani]

I've read somewhere that you can exclude weekends, but I've never seen this in the guidelines. I would include an excel sheet calculating the absences including weekends, and a column excluding weekends. Would your absences total under 180 days by doing this?

If you supply all your payslips and bank statements (as you say) it will be clear that you were paid while on holiday. You can write that in your cover letter and include those.

As for going to PEO, there is that risk that they won't decide on it on the same day because of the number of absences. I would send it by post. Processing time seems to be 2 to 4 weeks anyway (unless the JR processing team take August holidays).

[global gypsy]

I disagree with bani on using the postal application route.

Based on my own recent experience, I feel you are much more in control of your application if you use the interview route. This becomes especially important if your case is borderline, e.g. because of absences, etc.
In my case, I prepared a spreadsheet that showed:
Date left the UK / Date returned to the UK / Reason for absence / Professional - No. of days / Personal - No. of days
(Reason for absence - use the categories suggested in the application form, e.g. visit relatives, visit friends, work etc.)

I discounted weekends and public holidays in my calculation.
I had a letter from my employer to support my professional trips abroad, but the caseworker didn't ask for it at all! My absences totalled to:
Professional: 62 days
Personal: 142 days

Don't keep bringing their attention to the days absent. Just provide the spreadsheet when asked for it.

They will ask you one question: Have you been outside for more than 90 days at a stretch? Be prepared to say No! (assuming that's the situation in your case, of course!)

All the best.

[bani]

There are risks involved by either going through postal application or in person. If you send it in, it's true caseworkers can make mistakes and you won't know until you get your passport and documents back. But, by going in person, there are also cases where the caseworker at PEO and his/her manager have told the applicant they can't rule on the application on the day because it's a complicated case. Or additional checks have to be made. What you're risking here is the additional £200 for premium service, your time and travel expenses.

Good luck, I think you should get ILR either way, I hope it goes smoothly.

I disagree with bani on using the postal
application route.

Based on my own recent experience, I feel you are much more in control of your application if you use the interview route. This becomes especially important if your case is borderline, e.g. because of absences, etc.
In my case, I prepared a spreadsheet that showed:
Date left the UK / Date returned to the UK / Reason for absence / Professional - No. of days / Personal - No. of days
(Reason for absence - use the categories suggested in the application form, e.g. visit relatives, visit friends, work etc.)

I discounted weekends and public holidays in my calculation.
I had a letter from my employer to support my professional trips abroad, but the caseworker didn't ask for it at all! My absences totalled to:
Professional: 62 days
Personal: 142 days

Don't keep bringing their attention to the days absent. Just provide the spreadsheet when asked for it.

They will ask you one question: Have you been outside for more than 90 days at a stretch? Be prepared to say No! (assuming that's the situation in your case, of course!)

All the best.

[jamesuk]

thanks global gypsy and bani

i can see pro and cons in the PEO appt. But as I have managed to get one -after 3 weeks of constant telephone calls, i 'm gonna give PEO a go. Hoefully i will be able to have a face to face discussion abt the absences , if it comes up as a topic with the case worker.

I will try doing the days of absence in a Microsoft excel page excluding the weekends and Bank Holidays and will get back

[anitha appukuttan]

Hi There,
I am happy to share my experience at Sheffield PEO. I was in the same boat as you are with absences exceeding 180 days and I had 241 days in total.

I was very worried but went ahead with my appointment as per plan. The case worker quickly went through my application and was hestitant to proceed when he saw my absences. However, I had 51 days absence due to compelling grounds and asked him to exempt those days. I managed to get a letter from employer. My employer clearly mentioned the number of days I was absent and also stated that I was on Payroll. Case worker took a look at it and was still not convinced. Luckily I had another evidence to prove my reasons for absence and he agreed to consult with a senior member before he can conclude.

I waited in anticipation for more than an hour and he came back to announce grant of ILR.

I think that you should try and get as much documentation as you can even from previous employers. You never know what will work out for you. I know its hard to get but its definetly worth a try. Also I am of the opinion that you should make it in PEO as you stand a very good chance to explain your case in front of the case worker.

Case workers are there to listen to your argument provided you have evidences. They are very friendly and I am confident you'll make your way.

Keep us all informed.

Good Luck!!

[global gypsy]

This may be relevant to the discussion here:
http://www.whatdotheyknow.com/request/c ... ming-20072

[republique]

Suggest you do the following:
1. prepare a spreadsheet for the absences from UK. Exclude weekends and public holidays from your calculation of days outside. This should result in a number less than 180.
2. go for a personal interview at PEO. this way you can respond to any questions raised.
3. if you have P60s and payslips to prove you were paid during the periods of absence, that should be fine.

Best of luck.

No. Weekends and public holidays are still absences. You do not exclude them in the calculation.

[ash20]

I disagree with bani on using the postal application route.

Based on my own recent experience, I feel you are much more in control of your application if you use the interview route. This becomes especially important if your case is borderline, e.g. because of absences, etc.
In my case, I prepared a spreadsheet that showed:
Date left the UK / Date returned to the UK / Reason for absence / Professional - No. of days / Personal - No. of days
(Reason for absence - use the categories suggested in the application form, e.g. visit relatives, visit friends, work etc.)

I discounted weekends and public holidays in my calculation.
I had a letter from my employer to support my professional trips abroad, but the caseworker didn't ask for it at all! My absences totalled to:
Professional: 62 days
Personal: 142 days

Don't keep bringing their attention to the days absent. Just provide the spreadsheet when asked for it.

They will ask you one question: Have you been outside for more than 90 days at a stretch? Be prepared to say No! (assuming that's the situation in your case, of course!)

All the best.

Hi Gypsy,
Iam having one absence of 103 days , if i discount my weekends and public holidays then i will be well below 90 days . My overall absence is 167 days including 103 days absence.

If i discount my weekends then i might have problem with some weekend trips it will be zero days . Is it possible that ONLY longer absence can be shown with discounted weekends ??. Appreciate your reply

Thanks for the reading this post

[f2k]

I disagree with bani on using the postal application route.


All the best.

Hi Gypsy,
Iam having one absence of 103 days , if i discount my weekends and public holidays then i will be well below 90 days . My overall absence is 167 days including 103 days absence.

If i discount my weekends then i might have problem with some weekend trips it will be zero days . Is it possible that ONLY longer absence can be shown with discounted weekends ??. Appreciate your reply

Thanks for the reading this post

Just be careful about this weekend issue. Until you see something in the guidance notes or in caseworker guidance then dont count on it too much. That being said i think you will be ok as your overall absence is under 180days. Which category are you applying under by the way

[ash20]

Just be careful about this weekend issue. Until you see something in the guidance notes or in caseworker guidance then dont count on it too much. That being said i think you will be ok as your overall absence is under 180days. Which category are you applying under by the way

Thanks f2k for responding..
Iam applying 5 years Tier1/Work permit , You are right ...I guess it will be ok as i am under 180 days. I have doctor's letter also to prove absence was due to medical reasons.
Lets see if i can get any info about discounting weekend in absences

Thanks again