ILR absences query

[hsmpapp]

Date of Entry: HSMP Entry Clearance visa in April 2008. Date of travel to UK on 24 Aug-2008. As per ILR rules, the date of entry is 24 Aug, 2008 (correct me if I am wrong).

Long Absence: I traveled to India on 14th Sep, 2008 to spend time with my parents before returning back to UK on 2 Nov, 2008 to start new job in UK. This accounted for 48 whole days absence in total.

Switching to Tier1 (General) visa: In Dec 2010, I switched from HSMP to Tier1 (General) migrant visa.

Dependent’s Visa: Wife got Tier1 (General) dependent visa (from India) in Feb, 2010 and migrated to UK March, 2010.

Dependent Child: Born in UK in March 2012. Got Indian passport and Tier1 (General) Dependent visa in Oct 2012.

Tier1 (General) visa extension: Feb, 2013 for me and my family (inc child).

ILR visa: I am planning to apply ILR for myself and my wife soon.

Queries:
1) Are we (myself and my wife) eligible for ILR on 29 July 2013?
2) Do I need to submit any evidence to justify the long absence (14 Sep,2008 to 03 Nov, 2008) mentioned above?

3) Apart from long absence, I have several short absences due to personal holiday in India and Europe. Few absences were during bank holiday weekend and rest were on paid annual leave. The total absences for 5 year qualifying period are less than 150 days. Do I need to submit evidence for all (including paid annual holiday) of these?

4) Do I need to apply for ILR visa for my child as well? As per my understanding, since he was born in UK, he will be entitled to register as British Citizen under section 1(3) of the British Nationality Act after my successful ILR.

5) Since we were last granted Tier1 (General) leave in Feb 2013, do we need to submit cohabitation documents for last 2 years? Cohabitation docs are required for my wife’s ILR visa.

Thanks,
HsmpApp

[Anio]

Queries:
1) Are we (myself and my wife) eligible for ILR on 29 July 2013?
2) Do I need to submit any evidence to justify the long absence (14 Sep,2008 to 03 Nov, 2008) mentioned above?

3) Apart from long absence, I have several short absences due to personal holiday in India and Europe. Few absences were during bank holiday weekend and rest were on paid annual leave. The total absences for 5 year qualifying period are less than 150 days. Do I need to submit evidence for all (including paid annual holiday) of these?

4) Do I need to apply for ILR visa for my child as well? As per my understanding, since he was born in UK, he will be entitled to register as British Citizen under section 1(3) of the British Nationality Act after my successful ILR.

5) Since we were last granted Tier1 (General) leave in Feb 2013, do we need to submit cohabitation documents for last 2 years? Cohabitation docs are required for my wife’s ILR visa.

I'm not an expert but I would think the following:

1. Eligibility date correct as per today's rules.

2. I am currently in the same boat as you, this is a grey area in the sense that guidance is not explicit for ex-HSMP/ Tier 1 holders and there have been several posts on the forum that this has not been requested by caseworker. I will apply end of this month and intend to include a personal statement giving the reason for my unpaid absence i.e holiday before start of employment and mention this being in line with my HSMP status. My employer letter will cover paid annual leave.

3. To be in a safe position, include a letter from employer on paid annual leave from UK. If employer declines to provide as this is a private reason, then include this in the personal statement mentioned in #2 above, also your weekend absence.

I would suggest providing both personal and employer letter or only personal letter as applicable on the basis that all Tier 1 visa holders are now expected to give reason for absence and even if caseworker does not request, it is stated in the rules/ guidance doc.

4. Correct, no need to spend twice on ILR then BC for UK born child.

5. Co-hab docs for last 2 years sounds right but others can clarify.

[hsmpapp]

@Anio: Thanks for your reply.

Can someone pls respond to below query:

5) Since we were last granted Tier1 (General) leave in Feb 2013, do we need to submit cohabitation documents for last 2 years? Cohabitation docs are required for my wife’s ILR visa.

[hsmpapp]

Can someone pls reply to my above query? The Set(O) form mentions below :
"If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse".