ILR Decision on hold for 14 days until response

[LondonLife]

Dear All,

I have been silent user of this forum for last one month. Posted few question and all of them were answered from FAQs with reference to immigration rules as suggested by sushdmehta. Thanks very much.

Applied for ILR for family of 4 at Croydon PEO. Decision of my ILR application is put on hold with request to provide letter from employer detailing my leaves outside the UK, my role and duties whilst in INDIA, why it had to be me and what could have been impact if travel was not made.

First Arrival to UK – 30th Sep 2007 on work permit. Extension given under Tier 2(ICT) in 2009 and in 2012 which is valid until Sep 2015.

1. Travelled back to INDIA on 27th March 2010
On UK paid annual leave until 1st June 2010.
From 2nd June to 13th August 2010 – worked on same assignment from INDIA.
This entire break from 27th March to 13th August 2010 was of total 140 days of which 64 days are paid in the UK and 76 not paid in the UK.
Travelled back to the UK on same assignment on 14th August 2010.

2. Travelled back to INDIA 31st May 2011 and returned to the UK on 31st July – same assignment.
Total 61 days unpaid outside the UK in this trip.

Standard set of documents were sumbitted along with supporting documents (payslip & bank statements) for absences outside the UK as mentioned above and few other small breaks which were personal annual paid vacation outside the UK.

For the second break I had very strong email from my line management stating reason of travel was for transition purpose and I was supposed to travel back as per the plan. To save cost for two months payroll was changed to INDIA. When asked by caseworker I submitted copy of email which was found satisfactory.

In conclusion, assigned case worker consulted senior for 3 times and final response was to provide letter from employer detailing first break, role and impact for assignment to INDIA. I justified that such location change is part of my job and so employer does not give specific letter. Also, sumbitted appointment letter which states employer can depute me to different location if need be.

Before making application employer denied giving any specific letter related to absences and had only given letter with Salary, SOC code etc as asked in the Section 11 of SET(O).

I am given 14 days to provide response failing that application will be decided with current documents provided. Kindly requesting all experts to suggest the way forward which will be of great help.

Thank you.

[LondonLife]

Experts, sushedmehta,

Need your views to respond to UKBA. Kindly spare some time. Running out of time.

Thanks very much.

[geriatrix]

Just as it is your employer's policy not to issue specific letters to justify an employee's absences from UK, UKBA has a policy not to disregard any absences of the applicant when the applicant fails to provide a letter from the employer justifying absences from UK due to employment related assignments overseas or visits abroad while on annual leave(s).

Just as the UKBA letter states, if you do not provide a letter from your employer by the date specified then the application will be decided on the basis of evidences already submitted.

[LondonLife]

Thank you Sushedmehta. Good to know that UKBA considers this. Reading some other cases on this forum I think it might be a good idea to respond to UKBA with email copies where company HR have stated they cannot issue any specific letter.

As my first break outside the UK was 140 days including 64 days paid leaves I am wondering if that can affect the decision stating I was away for more than 90 days in single trip?

[LondonLife]

Experts,

My employer is not ready to write in letter what is asked by UKBA like my assignment in INDA during 2010 and 2011, my duties during assignment and suitability of my skills to those assignments. I have been working for the same client for entire duration on WP and Tier 2 ICT which were renewed in UK.

At best HR has given me updated employee verification letter with SOC code salary etc and added start and end dates of period I was assigned in the UK that covers my annual paid leaves.

By end of this week I am completing 14 days to respond to UKBA and just not sure what to respond to UKBA.

Shall I just submit updated letter and say Employer cannot give any further detailed letter and request them consider that as my response and proceed with decision?

Along with above shall I myself answer those question on paper as asked by UKBA and give self declaration to verify with employer on given contact no and email?

If anyone has anyother suggestion please let me know at earliest.

[1400 Years]

Sorry; trying to help, without experience on this:

Do you think any hard copies of work-related emails/correspondence from that period might work?

Additionally, because your employer does not seem to help you further, how about writing a description of your duties and the need for you to have been in India for the jobs... just like you would if you were asked to justify your job role to a new CEO in your company who has come with a downsizing agenda... (you'll have to write it professionally and gracefully, without coming across as pathetically desperate.)

Attach all the letters/confirmations the employer has provided, along with the refusals to provide any further letters, and make colour-coded/[other plausible] references to each within the detailed explanation you might write.

Attach/offer links to websites you developed/your work was published on/that show your work/...

Ask your parallel company-contact in India to fax you a letter to corroborate your claim as to the assignments you undertook...

Good luck.

[LondonLife]

Thanks very much for taking time to share your view.

My employer has only given me further updated letter with assignments start and end dates in the UK which covers my annual paid leaves in the UK. Employer did not agree to state anything abt INDIA assignment, my duties etc.

If UKBA considers my paid leaves of two months in 2010 whilst I was in INIDA my unpaid absence is less than 80 days. My 2011 break is only 61 days. This can give confidence to caseworker.

I have responded to UKBA with supporting mails and updated letter which have reached this morning.

I have asked UKBA to contact employer directly if need be or let me know in case further stronger evidences are required. Not sure how I will get it from employer but can try level best further higher in line management.

Reading deferred cases forum on this site there is no timeline you can guess when UKBA will pick up applicaiton again and progress applicaiton further. So waiting...

I strongly recommend people to go through all FAQs and some important topics in respect to your applicaiton before applying. In my case I missed to read some specific topics which could have been more helpful. At the moment Chritsmas break to INDIA is deferred. Lets see...cheers