ILR absence

[nischerry]

Will please any one please let me know.

I came to UK on 14th Jan 2006 on WP and then WP extended again on 14th Jan 2007. I applied for hsmp in May 2007 and got hsmp from 7th June 2007 to 7th June 2009 and currently on Tier1

I travelled to india on 1st July 2007 and landed back to UK on 30th sep 2007. My total absense after getting hsmp was from 1st July 2007(travel date) to 30th Sep 2007(travel date back in UK) i.e total 91 days in that year 2007.

Some says single absence should not be greater than 90 days but as per the mail i received from UK border agency says following "Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period. (including weekends, bank holidays)".

here my question is whether it is anywhere mentioned the absence should be more than 90 days ?, iam asking this because iam confused as per the days i crossed 90( i.e 91) but as per the above mail is equal to 3 months as (july and august has 31 days) which makes my count 91 days.

please let me know which one is correct 90 days or 3 months? because i stayed exact 3 months but if it is 90 days then it would be a problem for my ILR.

[Filipinas]

Hi! I tried counting the number of days 1 July (31), August (31), 30 September (30)- 92 days, but following the guidelines of HO (on naturalisation/ guide for form AN) you can ignore the day of departure and the day of arrival- that means you just have 90 days of absences- meaning, you are quite safe. They count the number of days (it's just a general expression to say 3 months but it's the number of days that they are counting).

I suppose that though there is no such advice on the Set(o) guidelines it is quite illogical to think that they are not following the same rule of thumb. Anyway, just to have a better peace of mind you may even try checking this out with the home office help line- at least you would get it straight from them.

Just my two cents worth.

Filipinas

[nischerry]

Thanks for the reply Mr.Filipinas. I will call HO to confirm.

[nischerry]

I have one more question Mr.Filipinas.

As iam from india and worked in UK intially on WP for first 2 years. I didnt have any payslips but they issued P60 which are in very less amounts comparative to what i earn, they say its companies policy.

Will there be any problem if the earnings on monthly basis wont match with p60s, as we have perdiems + indian sal + house allowance but tax will be paid for only some but not for all.

Will home office will keep a track of all the amounts and earnings on monthly basis ?

[Filipinas]

Hi! I must say I am not in the best position to answer this- I am sure there are more experienced forum members who could give a straightforward answer. What I could provide is a suggestion-

What did you use as proof of earnings when you changed your category? Generally that would suffice. Also, did you work for the same company for the whole stretch of the qualifying period? If you did, it would help if they could provide you a Certificate of Employment (with gross annual and after tax)- as this is an endorsement from your company that you were working (economically active). HO tend to put more weight on it. This is how the Officer dealt with us when we had our PEO appointment- when he found out that we had a CoE he said that's more than enough to clear that bit of requirement.

As our case was more of a clear-cut case I can't really say if the HO would be knit-picking on all the details i.e., comparing each entry per month on payslips vs P60s- best to provide all documents possible to support your case include bankstatments where your earnings are credited.

Would you be doing your application thru PEO? I asked because small things like this you could easily give a reply/reason or the rest of other supporting info if ever any questions would arise.


Filipinas
(btw, I'm a female)

[nischerry]

I had submitted the salary certificate which shows like below while shifting the visa from WP to HSMP :

S.NO Month Amount in GBP
1 Jan XXXX
2 Feb XXXX
3 Mar XXXX

but the problem now for ILR is as we need to provide either the payslips or P60s which has different amounts. Amount received in account and P60s shows much difference. Now iam confused how i should submit the details.

If i wont submit salary certificate and only P60s which has less amounts will they accept it? as salary certificate shows only amounts but not tax deductions and p60s shows only tax deductions which is bit confusing for me?

or else getting a letter from employer stating the amounts for every month and not by submittign p60s is ok?

please some one help me on this ?