Successfull ILR Glasgow PEO - WP + excess absences

[ILR_Applicant_UK]

Thought I'd share my experience with folks here.

I was hired by a British company while working in the middle east in early 2004. I was hired out of the UK headquarters and assigned as an expatriate in another middle eastern country - was payrolled in the UK, didn't pay any tax to the Inland Revenue, but the company charged what is termed "Hypothetical tax" to all its expatriate employees - basically used to equalise tax burden across all the countries the company has expatriates assigned in. Main point, my P60s for this period showed ZERO tax.

After about a yr working abroad, while still working abeoad, I was issued a British Work Permit, and took my landing in the UK under the work permit in April 2005. I still continued working abroad, with a couple of trips back to the UK every year for a couple of weeks at a time. Some of my absesnces were in excess of 150 days.

This continued till Feb 2007 when I requested a move to the HQ for career aspirations!!!. Been in the UK since then, with a couple of trips/holidays abroad. Don't know the count, but certainly less than the 90 days allowed.

So, April 2010 I become eligible to apply for ILR. With the fact that the first 2 yrs of my 5 yr eligibility period were substaitially spent aborad, with some very long gaps in between, I wasn't very sure if it was worth the £1000 or so fee (as it turned out, I had to pay 1403, missed the lower fee by a day!!!) to take the risk. I actually contacted an immigration lawyer by email and sent him detailed travel dates. He reverted back with the following:

Hi,
 
With the amount of absences that you have detailed, I would say that it is highly likely that your application would be refused. The Home Office policy on this is that any absence over three months will mean that the application falls to be refused, but if it is only one absence of this time they may exercise discretion depending on the circumstances. Given that you've had 4 absences over three months your case will almost certainly be refused, I would therefore recommend that you do not apply at this time and that you wait until you meet the requirements.
 
Kind regards
XXXX

I still decided to go ahead with the application. Composed a letter for HR and was able to get them to sign off on it. Took the following documents with me:

1. Compoany Letter
2. Last 5 yr P60s
3. Last 5 Yr Pay Slips (Jan and December ones for initial 4 yrs, and all for the last yr)
4. Last 10 Yr Bank Statements - probably overkill, but the bank was charging me 10 quid for any number of statements, so I jus went for the maximum
5. Confirmation letter from the Home Office for my orniginal work permit.
6. The sybsequent renewal of my stay in the UK which was based on Tier 2 (General) arragement - Letter from the UK Border Agency confirming grant.
7. Life in the UK Pass certfiicates for me and wife
8. Bith ceritficates for me, wife and son
9. Marriage Certfificate
10. Mortgage Statement
11. House Ownership proof.

The appoitment was at 12:45. We got there about midday, went through security, they take away everythign except the paperowrk. Went inside, took a queue number, within 20 minutes, we were called to a window, handed in application+paperwork. The guy quickly went through the applications, and said so most of your absence have been away back home (which they were as last 3 yrs I've been based in the UK and most holidays have been back home, the almost permanent stay was the 1st 2 yrs of the 5 yr period). I concurred, he went through the rest of the application, and then the last page had the extra dates (the 1st 2 yr period which was mosntly spent autside of the UK) and he commented there weres some business trips to XXX as well - again I agreed. We were then told to go and wait. Waited about 10 minutes, got called again, some of the documentation was returned (I think they didn't need 11, 9 above), the rest were put in a plastic envelope and the guy told me the rest of the documentation will not be needed and I I was asked to pay the fee.

While I was paying the fee, I heard my name being called again. Went to another widnow, had a short chat with the intervirwer, and exactly at 1245, I was told we're being granted ILR as of today. And that our passports would be ready withing an hour.

We went out for lunch, came back around 2pm to the PEO Office, and were away back home at half 2.

I'm also attaching the covering letter I had prepared.

Hope this is of help to some.

XYZ Group
6 A Street
A_City, AA11 BB22


The UK Border Agency
Festival Court,
200 Brand Street, Govan,
Glasgow, G51 1DH
United Kingdom

22 March 2010

To Whom it May Concern,

Continued Employment Letter for Mr ILR Applicany (Passport No. AB1234567)

This is to certify that ILR Applicant Passport no AB1234567 is in the permanent employment of XYZ Group UK since 1st March 200X (copies of each year first and last payslip + latest 3 payslips are provided in Enclosure 1)

A UK Work Permit was obtained by XYZ Group UK and Applicant made his first landing to the UK as a work permit holder on 18th April 2005.

Applicant was needed to spend extensive periods of stay at Company's operating assets in overseas until 17th February 2007. During all this period Applicantcontinued to be paid his emoluments by XYZ Group UK in his UK bank account and he spent several periods in the UK for trainings, company business and time with his UK national parents.

Since 17th February 2007 Applicant has been permanently occupying positions in the XYZ Group UK asset. Applicant is enrolled under the XYZ Group UK pension scheme since joining the company in March 2004.

In anticipation of continued employment with the UK asset, XYZ applied for renewal of his UK Work Permit and was granted a further period of 2 years on 26th March 2009 as a Tier 2 (General) applicant. Copies of both his work permit approval and the Tier 2 approval are provided in Enclosure 2.

Applicant’s current position is Job Title which is an established position in the company for the foreseeable future. His base salary is XXXXX and is detailed in the attached payslips and he is entitled to a company car. Additionally since 2004, and until last award, XYZ Group UK has granted him XXXXX stock options and XXXX free shares in recognition of his performance.

Applicant is submitting his Indefinite Leave to Remain application and in view of his foreseeable continued employment with the XYZ Group UK, the company supports his application.

For any further information please contact the undersigned directly.


Yours faithfully




Joe Bloggs
HR Manager
Joe.Blogges@acme.com

[leafbbi]

Thank you so much for sharing this.

I have lots of business travels. 330 days with my current employer and 30 with my previous employer, plus 52 days holiday on annual paid leave. all my business travels are short, one or two weeks. But in 2008, I almost spent all week days abroad working on projects. Always came back home for weekends though. I am so worried. I cannot avoid those trips or I cannot do my job. Hope I am lucky as you are.

[ILR_Applicant_UK]

Well,

For the first 2 yrs of my 5 yr qualifying period, I believe I spent about 30 days/yr in the UK... I think it all boils down to who you meet on the day!!!...

Good luck.

[farah]

You got ILR at Glasgow PEO way back on 4 April 2010 and extent of your absences is good precedent of exercise of discretion wroth highlighting.

Though not expreseely stated in your post yet it appears that your absences were around 760 days and 4 times these were above 3 month at a time.

Please confirm and detail your job related absences as there are 2 recent cases on this board where ILR was refused on the basis of job related absence of more than 3 months at a time when over all absences were not too many.

[ILR_Applicant_UK]

I don't have my records with me at the moment, but, certainly, at the time of ILR, in that qualifying 5 yr period, I was based overseas for the first 2 yrs. I did return to the UK a couple of times to attend meeting etc, but each year, the total number of days was under 30.

After exactly 2 years had elapsed from the point I had taken my "landing" in the UK, I moved to Scotland, and spent the next 3 yrs mostly based in the UK, with absences well under the 90/yr allowed.

Overall though, I was way over the 450/day and also multiple absences over 90 days. I've already attached the letter I had used at the time of my ILR application.

Additionally, a yr later, when I qualified for naturalisation, the 2 yr period had diluted to one year only, but still that 1st yr yr itself had something like 300+ days away, though total number of days away in the 5 yr period came to just under 450 at 447!!!, it took about 4 months for the naturalisation decision to come through, but, it seems they didn't hold my long absences against me.

[farah]

I have understood that in first 2 years absences were around 670 days (730-60) and in next three years these were around 80 days. Hence total at the time of ILR was around 750 days (670+80) with 4 absences of more than 90 days at a time (as mentioned in solicitor letter)

Which reduced to 447 days at the time of naturalization as first year was excluded in which you had over 300 days absences.

So for ILR your case is a good precedent of use of discretion.