Asked by PEO Solihull to apply ILR by post - Please suggest

[gmkarthik]

I am a silent watcher of this forum. I have applied for ILR under HSMP JR ( Bet Apr- Nov 2006)with my wife.

My ILR application under HSMP JR refused due to my absence away from UK. I have total days of 260. Case worker not ready to consider whether it’s a paid holidays are not. Though I have my employer letter stating all my holidays are paid holidays. I have all my last 57 Payslips as well. I am working for a same company for last 4 years and 9 months.

She said they can’t decide such application here in Solihull as all holiday are personal. Have to apply through the Postal application only. As this has to be agreed by higher officers and they don’t have one. (To my understanding from this forum that all PEO office have a grade 7 officer)

Please suggest. Can I go for another application in Croydon. Where there is a risk of losing the fee or just go for second Tier 1 extension and apply for ILR after 2 years.

But its injustice that the case work not ready to listen anything from me. I am sure I am eligible for ILR now.

Please help.

Thanks,
Karthik.

[jami]

Relax Dear. Your ILR has not been refused.
In response to my query UKBA had stated that every PEO has officers at SEO and Grade 7.

http://www.whatdotheyknow.com/request/i ... ing-196601

However currently Sollihul PEO has no SEO/Grade 7. There are two similar examples where applicant was asked to send postal application. However they applied at Cryodon PEO and were granted ILR. Do the same and you ll get it as you have employer letter and payslip showing full pay during leave period.

[Son_of_Soil]

Hi there
Do HO confirm the holidays on system and Match it with the sheet you provided?

If they refuse the ILR, do they give TIER 1, based on JR? Or according to salary requirement rule?

I am not sure why thy refused when your employer stated all holidays are paid! Did you have any business holidays?

[jami]

They have no such sysyem.
Secondly his ILR has not been refused. It is UKBA procedure that if personal abscences (paid levae) are more than 180 days than case worker should get approval from SEO/Grade 7 officer.

[Son_of_Soil]

So if its not rejected, will they extend Tier 1 based on JR or on the basis of salary requirements?

i hope its gets sorted soon for you

They have no such sysyem.
Secondly his ILR has not been refused. It is UKBA procedure that if personal abscences (paid levae) are more than 180 days than case worker should get approval from SEO/Grade 7 officer.

[jami]

If he prefers second extension than he would apply on Form FLR Tier 1 (HSMP) and the requirement as per JR/rules is to be economicaly active which in this case would be salary slips and bank statement of 3 months.

[geriatrix]

"To be told to apply for settlement by post" is not same as "settlement application refused". When a settlement application is "refused", the applicant is issued a formal written communication to that effect.


Have changed the misleading subject title of the topic - to appropriately reflect the OP's situation.

[Son_of_Soil]

Hi Sushdmehta
if applicant is asked to apply by post due to holidays more than 180 days, if they dnt iisue ILR , and rather issue an extension for Tier 1:
1) will it be based on JR (only 65 points were required in 2006)
2) how long the extension can be? 6 months, 1 year, or just it depends how many extra holidays you had over 180 days?

Regards

"To be told to apply for settlement by post" is not same as "settlement application refused". When a settlement application is "refused", the applicant is issued a formal written communication to that effect.


Have changed the misleading subject title of the topic - to appropriately reflect the OP's situation.

[geriatrix]

if they dnt iisue ILR ,and rather issue an extension for Tier 1

Where did you get to hear that UKBA issues "extension" when an ILR application is refused - without the applicant applying for extension through the specified form and paying the necessary fees?

That said, in answer to your query on "period of grant" of leave to remain, see 245CB.

[Son_of_Soil]

i am sorry that didnt come right, what i meant was if applicant dnt get ILR (based on HSMP JRand asked to apply for TIER1 using a diff form , will it be extended using the JR ?


Thanks

if they dnt iisue ILR ,and rather issue an extension for Tier 1

Where did you get to hear that UKBA issues "extension" when an ILR application is refused - without the applicant applying for extension through the specified form and paying the necessary fees?

That said, in answer to your query on "period of grant" of leave to remain, see 245CB.

[geriatrix]

i am sorry that didnt come right, what i meant was if applicant dnt get ILR (based on HSMP JRand asked to apply for TIER1 using a diff form , will it be extended using the JR ?

Yes. Once a JR covered migrant, always a JR covered migrant! Nothing can change that "benefit"!

[gmkarthik]

Thanks Jami and others,

I also decided to go for Croyden office. But struggling to get appointment now.
For unavoidable reason I came to India now and decided to leave my wife here and she have to stay back.

My question is

If I came back to UK alone and applying for ILR and got success. How and which for I have to use for my wife for ILR. Will the give ILR to her on a separate application under HSMP JR.

Thanks,
Karthik

[gmkarthik]

hi Jami,

Is Glasgow PEO office have Grade 7 officer. I have an appointment for 1week of Nov. My visa is experiencing on 14th Nov 2011.

Thanks all of you guys for your response.

Karthik.

[maninuk02]

did you mention all your 260 days as paid holidays? or your 260 days are combined of business trips and paid holidays? how many days did you categorise as holidays on the application?
i think this is the key.

[gmkarthik]

yes, I put all as Holidays only. I thought, as I got the letter from my company that doesn't going to make any difference and I carried all my 57 payslips with me.

Karthik

[gmkarthik]

I have managed to get an oppointment on first week of Nov in croydon.

1,What if they again refuse in Croydon. Is it possible to show them some proof to re-valuate their desition.

2, If I am luck and got my ILR. what application form I have to use to get the ILR for my wife under HSMP JR & the fees.

Please advice the above for me I have to book the oppointment for my wife as well.

Thanks.
Karthik.

[geriatrix]

If I am luck and got my ILR. what application form I have to use to get the ILR for my wife under HSMP JR & the fees.

You must include your dependants in the same application. If you do not, and you are granted settlement ... your dependants will then be eligible for settlement only after switching immigration categories (extra money, much more thn what you'll spend in applying for them at the same time as you).

[geriatrix]

If I am luck and got my ILR. what application form I have to use to get the ILR for my wife under HSMP JR & the fees.

You must include your dependants in the same application. If you do not, and you are granted settlement ... your dependants will then be eligible for settlement only after switching immigration categories (extra money, much more than what you'll spend in applying for them at the same time as you).

[gmkarthik]

Thanks, I am trying to apply for us both at a same time.

As I have exeded 180 days. will the letter from employer stating all my holiays are paid holidays is enough with the list of holidays. or any special wording they have to add in order to make this effective.

In solihull office, when they see the amount exceded 180 days, they are not ready to discuss anything. Will that happen in Croydon as well or they will ask the reason for my abscense.

Sorry If I am asking the same question. Just want to carry all possible documents to convince the case worker.

at the moment

1, I can get letter from my employer which stats all my holidays are paid and I am in employment with them for last 4 years and 8 months.

2,I can Provide all last 57 pay slips.

Is there any other document I need to provide to make my case stronger.

Thanks,
Karthik.

[jami]

Absences due to holidays abroad (consistant with paid leaves) are to be disregarded. Wheras your 260 holidays works out to 52 paid leaves per year which does not appear to be consistant with annual paid leaves policy of most of the UK employers.

However you would be granted ILR at Cryodon PEO if you can produce:
1. Letter from employer detailing annual paid leaves availed.
2. Contract of employment indicating extent of annual paid leave.
3. 57 salary slips with no deduction for un-paid leaves
4. bank statement to tally with salary slips
5. evidance of any other ties with UK during holidays
6. covering letter from you explaining holidays and evidence

If you have above than congratulations in advance

[naveetsethi]

| was told by Solihull office to apply by post as I had lost my passports and they said they could not verify absence. I rather phoned appointment line and got appointment for Croyodon office for the same day and was granted ILR.

[gmkarthik]

Thanks for the reply Jami

1, as I am working in shift basis, 4 days work and 4 days off. I will get 12 days off when I book 4 days holidays. In that way every year I am eligible for nearly 60 to 68 days paid holidays.

2, Contract doesn’t explain this shift pattern details.

3, I have all the 57 Pay slips.

4, Do I have to provide the bank statement as well for the absents period? I am not sure Bank can provide bank statement older that 1 year.

5, What kind of evidence I can show for 20 & 35 days holidays?