ILR - absence is that witihin the limit?

[The Boss]

My application was rejected last year details in the previous post(link below)….but I am eligible to re-apply for ILR, 28 days prior or on or after 18/11/2012. Got the appointment for 12/11/2012, so started to prepare my application. Before that I had few doubt, so I taught of discussing that in this forum.

http://www.immigrationboards.com/viewt ... highlight=

Since I don’t have the right to appeal, agency advised not to appeal but to apply for Tier-I General(Extn). So applied for Tier-I General(Extn) and got it till 15/07/2013. Now for me five year period starts from 11/2007 to 11/2012, during this period I have following leaves outside UK and that is within the limit. But in 2011 I have been outside UK for 58 days all for personal reason but was working from aboard and salary paid in UK. Do I need to provide employer letter for this absence stating I was continuously employed? I am asking this on the basis whether caseworker would question this leave why I was outside the country beyond your annual leave(25 days) allowance provided by my employer?
Do you see this as an issue?

Date From Date To Days Outside The UK
01/03/2008 16/03/2008 14
05/10/2008 19/10/2008 13
29/08/2009 14/09/2009 15
02/04/2010 05/04/2010 2
09/10/2010 24/10/2010 14
29/11/2010 18/12/2010 18
07/08/2011 10/09/2011 33
16/10/2011 06/11/2011 20
25/12/2011 10/01/2012 15
04/05/2012 07/05/2012 2


Total Number of Days Outside The UK since 2007 146

[geriatrix]

Yes.

Since your total absences are below 180 and there is no single absence of more than 90 days, you should be okay without any letter from the employer(s).

Apply anyday after 19/11/12.

[The Boss]

Thanks for your reply....
Why after 19/11/12? In the refusal letter it is mentioned 28 days prior or on or after 18/11/2012. What will be advantage of applying after 19/11/12.

[geriatrix]

If you apply before 19/11/12 then, depending on the date you wish to apply, your absences will increase because you were out of the UK between 18/08/07 to 19/11/07.

See also this post.

If you wish your application to be risk free on account of absences, my suggestion would be that you apply after 19/11/12.

[The Boss]

I am trying for later appointment .... In the meantime can you clarify the below points

1) In Set(O) section 6.2 'Reason for stay' what should I fill in ....especially for last year absence (33 & 20) as I was working from home in India and went for personal reason

2) during the last five year I have changed my employer once, but for that I have only photocopied P45...is that ok?

[The Boss]

Could someone please respond to above queries?

[The Boss]

In addition, can you also clarify the dependent query..

2 dependents(my wife & son(5yrs))applying along with me
My wife first entered UK as work permit dependent on 08/12/2006 and later become a Tier - I (G) dependent on 15/07/2008. Subsequently got extended under same category at 10/07/2011.

Does the dependent eligibility for ILR, calculated from the date last leave granted(10/07/2011) or date first entered Uk(08/12/2006)? Can they apply along with me?

If they can apply along with me, cohabitation docs should it be the last 2 yrs or it can be from last 5yrs?

For dependent applying along with me, do I need to fill a separate form? even for the child?

[geriatrix]

FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

[The Boss]

I tried for a alternative appointment but no luck..so I took a risk and attended the appointment on 12/10/2012. I was more concerned about the absence and bit nervous since my application was rejected.

But the day went ok...my appointment was at 11:45 arrived at 11am passed security and payment without any hassle. Waited for an hour in reception area to register my case and followed by boi-metric, which took another hour of waiting and was advised that case worker will call us. After couple of hour my token number was called, case worker was very moody, asked my form and original documents. Case worker asked us to place the payslip against bank statement for 12 months and was checking the point assessment. Coming to my leave she did not question any of absence and was asking reason for rejection early and later checked my parking offence. Later gave the letter that ILR is granted...last friday got the bio-metric card as well. Phew!!! After a long wait since my initial application was rejected I got this ILR.

I would like to thank the forum for being so helpful...

I have few doubt about my Bio-metric cad...in general what I have understand of ILR visa is, there is no expiry date. But in my bio-metric card it is mentioned expire date as 2022 and from my son it is mentioned as 2017. If don't go for citizenship, do I need to re-apply for ILR before it expiry?

[geriatrix]

See Expiry Dates on the BRP