ILR application with absenteeism

[narendc]

Greeting to everyone!

I have been trying to get information on ILR eligibility on UKBA site and also numerous forum posts on this site. I would like to say a 'Big Thanks' to forum moderators and contributors for your continuous efforts in enlightening people on a varying degree of questions related to UK immigration.

I have been in the UK since Feb 2007 and wondering if I'm eligible to apply for ILR. Following are my dates of stay in this country and my visa status -

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Feb'07 - July'09 on sponsored Work Permit & Tier 1(General) visa.
I was away on holiday for 42 PAID holidays

Aug'09 - Dec'09 on Tier 1 visa valid but AWAY from the country
I was away on break for 141 UNPAID holidays, but ACTIVE bank account

Dec'09 - Till date on Tier 1 visa
I was away on holiday for 60 PAID holidays
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I'm wondering if I'm eligible to apply ILR (Permanent Resident visa) given the fact UKBA increased absenteeism from 90 days to 180 days. If so, is it mandatory to provide a letter from my employer then for the reason being away? As I was not paid during my 141 days nor I was paying any HMRC tax, would I be still eligible to apply for ILR? If I'm eligible, do I need to show my earnings proofs for 12 months in the last 15 months of application date like Tier 1 application? I would really appreciate if somebody could answer my questions and clarify. Thanks very much in advance.

Cheers,
Naren

[narendc]

Is there anybody who could help me out please?

[Manka10]

depends on how you break up your 5 one year periods,
in any 1 year period, the leaves outside should not exceed 180 days and those leaves should be for a reason in line with your entitlement/work permit in UK

for ILR on basis of SET(O), you will have to provide your earnings for the last 1 year before application and be eligible to apply for the application to be successful

[sundar1980]

Hi Naren,

You look to be eligible as none of your absences are over 180 days. With the latest circular from ukba, they are asking for proof of absence for all of the absences even if you are on Tier1.

As far as I am aware and from the friends who applied ILR recently, the PEOs are not very fussy about your past absences (e.g. in 2009). If your long absence was for a compelling/compassionate reason, you can write a personal letter stating that and provide any evidence like medical certificate etc.

About your 12 month bank statement, you still have to carry it for proving your earnings and earning points.

Sundar

[narendc]

Thanks Manka and Sundar.

I was out of the UK between 1st Aug 2009 and 15th Dec 2009. If I apply ILR as scenarios below, my continuous absenteeism from the UK between the above stated dates would be as highlighted.

Scenario 1 -
Considering I'm applying in July 2013

Aug 2012 - July 2013
Aug 2011 - June 2012
Aug 2010 - July 2011
Aug 2009 - July 2010 (142 days of continuous absenteeism + 15 days of holiday to India)
Aug 2008 - July 2009

Scenario 2 -
Considering I'm applying in Sep 2013

Oct 2012 - Sep 2013
Oct 2011 - Sep 2012
Oct 2010 - Sep 2011
Oct 2009 - Sep 2010 (82 days of absenteeism)
Oct 2008 - Sep 2009 (60 days of absenteeism + 15 days of holiday to India)

Please note that
1. I can't provide any letter for being away from the UK (my previous employer will not give that).
2. I can't claim being away for compassionate reasons as I did not.

I can provide salary earnings for all the years except my absenteeism dates. Can you please let me know in which of the above scenarios I would be eligible to apply ILR provided my constraints above?

Thanks very much.

[narendc]

Please let me know if you need more details.

Cheers

[Manka10]

what was the actual reason you were out of UK for so many days?
just explain that in a letter and you should be fine as your absences are less than 180 days

[narendc]

Thanks Manka for replying.

As I see this is a common reason (being away after completing 2 or 2.5 years on reassignment at offshore), I think there should be some letter template with right phrases. I appreciate you can point to me. But, I'll search in the mean while.

Cheers