Success ILR at PEO (> 350 days)

[Natita]

WP+Tier 1
Over 350 days absences, but none over 90 days. Mostly business & assignment.
Continuous employment with same employer

The following documents were submitted:
Completed application form
Passports
Life in UK test pass certificate
Employer letter confirming absences related to work
Letter confiming holidays aborad being paid absences (not requested but I thought it might favour my case as my total No. of days of absence is high)
Current payslips
Either the latest P60 or bank statements - I submitted P60
Photos

Original Home Office letter for WP was also requested but I didn't have and it was not insisted upon.

I'm over the moon...thanks to this forum.

[salina02]

Congrats Natita, Thats a big hope for many of us in light of absences.

Did the case worker asked anything about your abences, can you please tell us more about it.

[Natita]

Very few questions were asked overall. The only question related to my absences asked was: "Can I see employer letter for these absences?" and comment "...large No. of absences here but you have the letter so should be ok".

I had been pretty much most of the time in the UK in my first 4 years but on overseas assignment in the last year.

Hope this helps.

[salina02]

Thanks for the quick reply.

[rajathwp]

Hearty Congrats ... which PEO did you go and overall how much did they take to give passport ...

Enjoy to the fullest ....

[Natita]

Thank you rajathwp. That was in Solihull. I think the review with me was no more than 20 mins. I was told to go back and collect the passports in 2 hrs but we took more than that taking the kids to Cadbury World

[rajathwp]

.. seems you started the party even before ILR...cool

[smaganti]

Congratulations Natita...

you've just been asked only for one P60..?

[Natita]

Yes, only the latest P60 or recent bank statements. I'm not sure what information they wanted to find though.

[Karloss12]

Congrats Natita,

The documents required in Section 9L (Tier 1) of the application form says we have to provide documents:

-that show we are economically active. (Which you did with your payslips, etc)

-for the period before you were granted Tier 1, showing that you met the relevant requirements of the immigration rules.

Did you resubmit your entire Tier1 paperwork from 3 years ago for this?

If you can help me that would be great.

[Natita]

hi Karloss12,

To answer your question : "Did you resubmit your entire Tier1 paperwork from 3 years ago for this?"; yes I submitted Tier 1 paperwork but not for 3 years...

I changed to Tier 1 only back in Nov 10 making it just 2 months out of 5 years. My WP actually covers 5 years (just!) but because of my situation (being on assignment, excessive absences, etc) I decided to apply to extend my Leave/switch to Tier 1 just in case. My Tier 1 paperwork is the same for WP, I.e. Payslips and company letter. If you have 3 years of Tier 1, in my opinion, you would probably want to gather all P60s.

Hope this answers your question.
Regards

[rkc]

for your case i.e.(WP+TIER1) is it the case that only each absence should not be > 90 days? What about the upper limit of 180 days?

[rkc]

I could you have started a separate thread but anyways... I need clarification generally about interpreting the caseworker guildelines in Appendix A at http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary:

1. How do you interpret 3/6 months? Is it 90/180 days respectively? The guildelines only talk in terms of months and depending on the month it could have 28/29/30/31 days?
2. Are personal vacations counted in the total 6 month requirement? Depening on how you interpret the guidance, they may or may not fall in the 6 month requirement due the usage of "disregarded".
3. What happens if you happen to have more annual leave than the generally standard 25 days? For e.g. some companies have the concept of flex-leave and can accrue more leaves etc.

Thanks

[Natita]

for your case i.e.(WP+TIER1) is it the case that only each absence should not be > 90 days? What about the upper limit of 180 days?

The 180 day limit applies to everyone applying for ILR, BUT it is the discretion of caseworker to relax the requirement if those leaves are work related and other compassionate grounds.

[Natita]

I could you have started a separate thread but anyways... I need clarification generally about interpreting the caseworker guildelines in Appendix A at http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary:

1. How do you interpret 3/6 months? Is it 90/180 days respectively? The guildelines only talk in terms of months and depending on the month it could have 28/29/30/31 days?
2. Are personal vacations counted in the total 6 month requirement? Depening on how you interpret the guidance, they may or may not fall in the 6 month requirement due the usage of "disregarded".
3. What happens if you happen to have more annual leave than the generally standard 25 days? For e.g. some companies have the concept of flex-leave and can accrue more leaves etc.

Thanks

If you ask me, this is my interpretation and I'm sure there will be different opinion from others:

1. Max continuous absence = 3 months (which could be just over 91 days) and but no more than 180 days accumulative (although the Guideline says 6 months).

2. Yes, any sort of absences count. Strictly speaking 5 year continuous means that one should not be out of UK for any single day. Quote from the Guidline: "...time spent here may exceptionally be aggregated, and continuity not insisted upon,..." Be wary that the word 'may' is used. We should not assume that it WILL be disregarded.

3. Do not spend them outside UK.