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ILR - List of Absences is very close to the 180 days cut-off

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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googoosan
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ILR - List of Absences is very close to the 180 days cut-off

Post by googoosan » Fri Feb 22, 2013 6:27 pm

Hi Guys,

I have my ILR appointment on 28th of Feb. I have been working in the UK for the last 5 years on a mix of Work Permit and Tier 1. My job involves a lot of travel outside the UK and I have been continuously employed by the same company for all the 5 years. The breakdown of my days out in the last 5 year period starting Feb 28 2013 is as follows.

Year 1 ---> 28/02/2013 ---> 27/02/2012 ---> 69
Year 2 ---> 28/02/2012 ---> 27/02/2011 ---> 19
Year 3 ---> 28/02/2011 ---> 27/02/2010 ---> 177
Year 4 ---> 28/02/2010 ---> 27/02/2009 ---> 41
Year 5 ---> 28/02/2009 ---> 27/02/2008 ---> 92


As you can see, the Year 3 days are very close to 180. Also there is a single trip that spans over the periods 3 and 4 spanning 117 days. Due to the way the periods split out because of the date of application, I am able to come up with the above split.

Do you see any obvious problem with this?

uksettlement
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India

Post by uksettlement » Sat Feb 23, 2013 8:39 am

You r fine given the rules that are in place now.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

Gagan1986
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Post by Gagan1986 » Sat Feb 23, 2013 1:14 pm

Your absences seem to be just under the requirement of 180 days. Will be fine

googoosan
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Post by googoosan » Mon Feb 25, 2013 3:48 pm

Thank you guys for the replies. Hopefully the list of absences will be OK.

I have another follow up query related to this. I first came to UK in 2008 on a work permit contained in my first passport. Then due to the number of pages running out in the first passport as a result of my travel, I had to get aa second passport in January 2011.

In May 2011, I applied for the Tier 1 just before it was discontinued. I received the BRP for this.

Then in Dec 2011, Royal mail lost both my first and second passports at the time of me applying for a Visa for another country.

I got a replacement third passport in February 2012 in the London High Commission of my country.

Now, with the first two passports lost, I came up with the list of absences based on my work and personal emails and ticket confirmations.

I am scheduled to attend the ILR same day appointment on 28th Feb, and I just wanted to check if there will be any issues as I lost my previous two passports? I have the copies of the two passports and the original work permit with the date of stamping in it. I also have the original Work Permit document from 2008.

Thanks in Advance.

googoosan
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Post by googoosan » Tue Feb 26, 2013 7:06 am

Any pointers guys? I am kind of worried.

Gagan1986
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Post by Gagan1986 » Tue Feb 26, 2013 12:08 pm

As long as you have got the photocopies you will be fine. You should have reported your lost passport to police too, take the copy of the police certificate. dont see it being a problem

googoosan
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Post by googoosan » Tue Feb 26, 2013 12:21 pm

Thank you Gagan!

Ishwarch
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Re: ILR - List of Absences is very close to the 180 days cut

Post by Ishwarch » Wed Feb 27, 2013 2:42 pm

[quote="googoosan"]
Hi Guys,

I have my ILR appointment on 28th of Feb. I have been working in the UK for the last 5 years on a mix of Work Permit and Tier 1. My job involves a lot of travel outside the UK and I have been continuously employed by the same company for all the 5 years. The breakdown of my days out in the last 5 year period starting Feb 28 2013 is as follows.

Year 1 ---> 28/02/2013 ---> 27/02/2012 ---> 69
Year 2 ---> 28/02/2012 ---> 27/02/2011 ---> 19
[color=red][b]Year 3 ---> 28/02/2011 ---> 27/02/2010 ---> 177[/b][/color]
Year 4 ---> 28/02/2010 ---> 27/02/2009 ---> 41
Year 5 ---> 28/02/2009 ---> 27/02/2008 ---> 92

As you can see, the Year 3 days are very close to 180. Also there is a single trip that spans over the periods 3 and 4 spanning 117 days. Due to the way the periods split out because of the date of application, I am able to come up with the above split.

Do you see any obvious problem with this?[/quote]


[color=red]If I am correct, you were on tier 2 during Year 3 absence?

If it's Tier 2 absence you may required employer (tier 2 sponsor company) letter for that absence, [u][i]if my understanding is correct[/i][/u].

Guru’s in this forum can correct me, if my understanding wrong.[/color]

googoosan
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Post by googoosan » Wed Feb 27, 2013 2:59 pm

Hey Ishwarch,

You are right, I was on Work Permit from the beginning till May 2011. I am currently working with the same employer who had sponsored the work permit originally. So, 5 years with the same employer.

I am getting a letter from the company covering all of my absences for the last 5 years. So this should be OK, right?

Regards,
Googoosan

wpilr_nov12
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Post by wpilr_nov12 » Wed Feb 27, 2013 4:52 pm

Do you have anything to show that your previous passports were lost?
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

googoosan
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Post by googoosan » Wed Feb 27, 2013 5:03 pm

This is what I have and am submitting:

1) Copies of my two previous passports.

2) Copy of my original work permit vignette, with the first date of entry into the UK.

3) Copy of the police certificate.

4) Copy of the receipt from Indian High Commission for the replacement passport application.

5) Letter from my employer ascertaining my continuous employment for the last 5 years and dates of absence from the UK.

6) Original P60 documents for the last 5 years


In addition, I have the original royal mail packaging from which the passports were stolen/lost.

googoosan
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Post by googoosan » Wed Feb 27, 2013 6:05 pm

Is the above list Ok guys?

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Post by Ishwarch » Wed Feb 27, 2013 6:56 pm

[quote="googoosan"]Is the above list Ok guys?[/quote]

I hope that enough to "support your passport" and to "cover your UK absence".

You are lucky to receive employer letter. my employer is not ready to provide absence letter for my absence.
:(

Best of luck.

Gagan1986
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Post by Gagan1986 » Wed Feb 27, 2013 10:30 pm

googoosan wrote:This is what I have and am submitting:

1) Copies of my two previous passports.

2) Copy of my original work permit vignette, with the first date of entry into the UK.

3) Copy of the police certificate.

4) Copy of the receipt from Indian High Commission for the replacement passport application.

5) Letter from my employer ascertaining my continuous employment for the last 5 years and dates of absence from the UK.

6) Original P60 documents for the last 5 years


In addition, I have the original royal mail packaging from which the passports were stolen/lost.
More than enough docs to prove your lost passports. You won't have any issues in relation to this. Good luck

db83
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Post by db83 » Thu Feb 28, 2013 12:00 am

Good luck googoosan
I'm just trying to help !

db83
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Post by db83 » Thu Feb 28, 2013 7:07 pm

Hellio mate

How did it go...
I'm just trying to help !

spike_UK
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Absent for ILR

Post by spike_UK » Thu Feb 28, 2013 9:29 pm

Hi guys, friend of mine has ILR and he was refused until 2015, he wants to spend time as much as he can back home until 06/2015(when he can apply for naturalization) how long can he be absent from UK a year, or how many occasions a year.
Many thanks in advance.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

googoosan
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Success :)

Post by googoosan » Fri Mar 01, 2013 10:47 am

Hi Guys,

Thanks for all your help on this forum. ILR for me and my wife has been approved yesterday at Croydon.

Highlights of my experience yesterday:
  • Had the appointment scheduled at 11:00, reached the PEO by 10:20.

    Let inside, completed the initial screening on the ground floor and was given a token number.

    Made our way to the first floor, and paid for the application, and sat in the waiting area in the 1st floor for about 15 min.

    11:15 - Called in for the Validation check on the first floor. Handed over passports and BRPS, which were checked by the person behind the counter and our application was stamped as valid.

    We then made our way to the 2nd floor, sat in the waiting area for Biometric counters for about 25 min.

    11: 45 - Biometrics completed. Waited in the waiting area for about an hour.

    12:15 - The main counter called our token , and was asked to put in all the original documentation. At this point I made it clear to the CW about the lost passports and ave in my covering letter along with the proofs like copy of old passports, letter by the employer etc...

    12:30 - The CW took all the original documents and asked me to keep the photocopies to be handed over when we are called again after 2 hours.

    13:00 - 14:15 - We went outside the building and had lunch etc... Back to the 2nd floor and sat in the waiting area.

    14:30 - CW calls out token. I was given back the originals, and asked to provide copies of the same along with the copies of our current passport pages. She checked the copies for about 5 min. No questions asked, and she gave me the approval letter. :)

    15:00 - Left the PEO, after checking the approval letter. :)

Gagan1986
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Post by Gagan1986 » Fri Mar 01, 2013 10:52 am

Brilliant. Glad to hear that. Congrats

db83
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Post by db83 » Fri Mar 01, 2013 10:58 am

Brilliant stuff mate ! Congratulations.

Any questions asked on your close to 180 days absence :)
I'm just trying to help !

googoosan
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Post by googoosan » Fri Mar 01, 2013 11:01 am

No, absolutely no questions asked. I had split the days down clearly to make sure that it is easy for the CW to ascertain the < 180 days in any 1 year period.

Honestly, I was expecting some questions, but none were asked given the fact that my application had 3 main factors below:

1) Old passports lost

2) too much travel, esp with the old passports lost.

3) IN10 conviction that I got in 2010.

db83
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Post by db83 » Fri Mar 01, 2013 11:04 am

Miracles do happen :)

Glad to hear that...its sorted
I'm just trying to help !

spike_UK
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Please advice!!

Post by spike_UK » Fri Mar 01, 2013 2:51 pm

Hi guys, friend of mine has ILR and he was refused until 2015, he wants to spend time as much as he can back home until 06/2015(when he can apply for naturalization) how long can he be absent from UK a year, or how many occasions a year.
Many thanks in advance.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

Ishwarch
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Post by Ishwarch » Sat Mar 02, 2013 1:49 pm

Congrats...!

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