ILR - Set O Tier 1 - Questions on Filling the form

[Jedi001]

Hello Everyone,

I have been searching for some answers (to fill the Set O form for my ILR) in our forum and i think i have got most of it covered apart from few and hence thought to post it here. I would really appreciate if someone could answer the below questions for me:

I am applying for ILR on 17th Feb 2014 - PEO Appmt - Croydon

My Details:

Applied On: 19th Jan 2009
Tier 1 Visa Granted!-5th Feb 09
Initial Tier 1 Validity: 01/03/2009 - 01/03/2012
14th March 09-Landed in UK
16th Sept 09-Applied for Wife & Kid
3rd Oct 09 - Dependents visa Approved
28th Feb 2012 - Tier 1 Visa Extension Granted

Q1.

6.3 What evidence has been provided to support the reasons for all absences from the UK?

I am leaving this question blank as I am on Tier 1 G visa - Searched and found that this question was discussed here: http://www.immigrationboards.com/indefi ... 21601.html - Ok or Not Ok please advise?

Q2. - S E C T I O N 7

7.1. have you or any dependants who are applying with you been convicted of any criminal
offence in the UK or any other country?

I am saying No on this, I have 1 FPN (Speeding - i.e. 3 points + £60 fine - paid on time) + 1 Parking ticket (paid on time) . - I have searched our forum and can see multiple discussions confirming that as FPN's or PCN's are not criminal convictions unless court is involved then there is no need to mention it as per this NOTE.

note: We will carry out criminal record checks on all applicants and dependants. You must
give details of all unspent and spent criminal convictions. This includes road traffic offences
but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a
sentence of the court. This includes all drink-driving offences.

Q3. - S E C T I O N 7
7.11 How long have you lived in UK? - I was told by the case worker while she was giving the approval letter to me for my Tier 1 G extension that I can apply for my ILR in Feb 2014 - So did they take 1st of March 2009 as my start date to calculate the 4 yr 11 months period? Guess this is the answer: http://www.immigrationboards.com/uk-tie ... 55908.html

Please clarify if I am wrong in assuming this or shall I be taking some other date to count this?

Many thanks in advance.

Regards

[Georgeado]

Hi Jedi001.
I am also on tier 1 G and applying PEO this month. I am quite sure you need an employer letter confirming that your absences during the qualifying period were paid annual leave. I think the rules changed along the line and Tier 1G also need that letter.

I am at the moment trying to get one from my employer.

I may be wrong though. If I am, someone should correct me

[Jedi001]

Hi George,

I may be wrong as well, but from what I have read so far there is no clear information on this in the guidance as well. Secondly I don't think I will be able to get all the letters from all the employers (one of the company went into Administration ).

I would request senior members to give some suggestions please.

Regards

[Jedi001]

Requesting senior members to help us out here please.

Regards

[Manka10]

No employer letter for absences is required if they are below 180/year, get it if you can else its fine but create a self-letter listing all absences to submit with the application

[Jedi001]

Thank you Manka, I will attach a letter with the application. Are you able to advise on the other questions like FPN issue etc? To my understanding they are not criminal convictions hence there is no need to mention it, not sure if mentioning in the cover letter would be a good idea? Please advise

Kind Regards

[Georgeado]

About the FPN, I would say don't sweat it. They are not criminal and since you paid and as a result, was not sent to court for any CCJ, you should be fine.
Back to the letter from employer, I do believe you need it. The posts you were referring to were from 2012. At that time, Tier1G were exempt from providing evidence that were in line with employment (business trips, paid leave etc). Absence based on compassionate grounds however required evidence.

The rules were changed, I think late 2013, and now Tier1G applicants also have to submit letter from employer. The set(o) form was changedas well to reflect this.

[Jedi001]

Hi Manka or any seniors members,

Can you please also confirm this for us?

Regards
Anish

[Manka10]

FPNs should not be an issue & no need to declare it, the only letter from employer that is required (if you are in employment at the time of application) is a letter confirming you as an employee with the designation and start date, as I said before absence letter from employer is not required from present or previous employers, get it if you can or forget it but submit a self-letter for absences

[Jedi001]

Cool many thanks Manka, much appreciated.

I have all the other bits in place. I am thinking to send an email to the previous employers so that at least it shows that i did try to reach out and if no reply then will attach a self attested letter with the absenses details.

Regards

[Jedi001]

Hi Manka,

One last query, what should I tick in this question:

Q1.

6.3 What evidence has been provided to support the reasons for all absences from the UK?

if I am providing a self attested letter for absences. Will be it other and then say "self attested letter attached" or leave this question blank?

Regards

[Manka10]

No need to tick anything in 6.3 but mention the absence letter in other documents in the checklist on page 58

[Jedi001]

done, many thanks Manka.

Regards

[roxystar69]

Hi senior members. I need help from you as I m bit confused here.

Tier 1 visa approved. July 2009
Arrived uk 12 August 2009
Left uk 29 August 2009
Return uk 18 dec 2009 with spouse and two children
Tier 1 extension approved nov 2012
Intend to apply for ilr by end July 2014
On set o new form to declare criminal conviction spent or unspent
I was in uk before from year 2001 to 2005 on work permit but left due to illness of my wife
In jan 2002 done with drink drive and got dr10 ,one year ban and fine of about £ 180 , ban reduce to 9 months since done the rehabilitation course,got liscence back in nov 2002

My question is do I still have to declare my driving offence as se to form states to declare spent or unspent,where this offence is about 12 years now. Since then no offence in any stage of my life.

Please appraise me with expert opinion

Many thanks

Roxy

[roxystar69]

Hi Senior Members and Mr Guru,

Please advise your suggestion to my request for DR10 to be declare on SET O as it is a spent conviction of about 12 years back.

Looking forward for your best opinion and suggestion along with the impact of my ILR on this situation

Thanks

[roxystar69]

Dear Friends and Senior Members .

I need your expert opinion as I have two issues and your guidelines will help me in preparing my case.

I am on Tier 1 General with my wife and two kids.

Received Entry Clerance in July 2009 and visted UK first on 12 August 2009 .

Left UK on 29 August and return Back on 18 Dec 2009

Tier 1 Extesnion Given in Nov 2012 till November 2014

I am eligible to apply for ilr by 16 th of July 2014

I have two kids one is Born in UK in 2004 when I was in UK in a different category

I have two issues here and really need support from you all.

At the time of Tier 1 Extension I have not mentioned that I have a CCJ as my OISC advisor advised that no need to mention and I have this in writing where CCJ was even paid and satisfied, I have the court certification which states satisfied, How can I rectify it as it is the advise from OISC adviser that there is no need to mention.


My other problem is back in 2002 I have done with DR10 . Disqualified from Driving, given ban for 12 months and reduce to 9 months after rehabilitation course . Got liscence back in Nov 2002.

With the new SET O form I have to mention this though it is even spend conviction , please advise your comments and expert opinion as I planned to go for PEO in July 2014.

Looking forward to hear from you all

Thanks

Roxy

[ashdaone1]

Reading the responses above, I think that if the absences dont exceed 180 days, we don NOT have to show employer letters.

But I called the helpline and they confirmed otherwise - saying we need a letter regardless. When I asked, how about the initial contract, detailing my paid annual leave allowance - they said I can show that, but depends on caseworker. I asked further - what if I am unable to contact the employer - again same response - "depends on case worker".

So, I am slightly confused, as similar to the case above, I have had 5 employers (2 stop gap small time employments) and one went into administration. Tracking them down and getting a letter from them seems a very improbable task.

I have seen the advise of the senior members above and am taking that, but just for complete certainty, can anyone point to a conclusive piece of guidance which tells what is acceptable and what not?

Appreciate your help.

Thanks,
Ashish