Croydon PEO ILR - >90 days single absence

[girish1428]

Hi,

Just FYI, In short:

I had an appointment for my ILR today. Went with my wife.
Appointment was at 09:40 and after initial checks, the caseworker immediately told me that since you were out of the UK for more than 90 days, you application will not be looked into today. I accepted that. In the next round all my details and the dependant's details were taken. The next round was biometric and then came the final round where an old white lady asked me to give her everything I wanted to submit for the ILR. Withing less than a minute took away all the docs and told us to either wait or go out as it would take about 1.5 hours. We went out and came back within 1 hour. However the total time took by her was about 2 hours 45 minutes. She apologised for the delay after she came back to us. However, she also said that she referred the case to her senior case worker since I was out of UK for 120 days in 1 go. So, she asked asked me to get letter from my employer mentioning :

1. Nature of the business trip.
2. The impact on the business if the trip had not been under taken
3. Any mitigating reasons why the trip took this long (from 01/05/2009 to 29/08/2009)
4. And ways to reduce it.

5. Proof that me n my wife lived together in 2010

I have proof for point 5. For points 1 to 4, I requested my previous employer for a letter answering the above questions but they refused saying that they could only provide a standard letter. The standard letter says that my tenure in UK was over and I was transferred to TechM India.

The main point I will be stressing on is I resigned after 2 months in India but had to serve almost 2 more months of notice period which I couldnt escape. This is genuine and I hope they accept.

[wpilr_nov12]

Hi,

Just FYI, In short:

I had an appointment for my ILR today. Went with my wife.
Appointment was at 09:40 and after initial checks, the caseworker immediately told me that since you were out of the UK for more than 90 days, you application will not be looked into today. I accepted that. In the next round all my details and the dependant's details were taken. The next round was biometric and then came the final round where an old white lady asked me to give her everything I wanted to submit for the ILR. Withing less than a minute took away all the docs and told us to either wait or go out as it would take about 1.5 hours. We went out and came back within 1 hour. However the total time took by her was about 2 hours 45 minutes. She apologised for the delay after she came back to us. However, she also said that she referred the case to her senior case worker since I was out of UK for 120 days in 1 go. So, she asked asked me to get letter from my employer mentioning :

1. Nature of the business trip.
2. The impact on the business if the trip had not been under taken
3. Any mitigating reasons why the trip took this long (from 01/05/2009 to 29/08/2009)
4. And ways to reduce it.

5. Proof that me n my wife lived together in 2010

I have proof for point 5. For points 1 to 4, I requested my previous employer for a letter answering the above questions but they refused saying that they could only provide a standard letter. The standard letter says that my tenure in UK was over and I was transferred to TechM India.

The main point I will be stressing on is I resigned after 2 months in India but had to serve almost 2 more months of notice period which I couldnt escape. This is genuine and I hope they accept.

The main point you need to stress on is responding to the questions asked by UKBA at your PEO appointment, which would also address the points mentioned in the second bullet para on page 4 of a VERY useful document at http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[uksettlement]

Hi Girish,

Try and send them a good cover letter and explain the change of employment etc. It should be work out for you.

Thanks!

[jack902]

Did you pay the full application fee at the PEO office?

Whe is your application documents and passports at this moment?

Did they turn it into a postal application?

[girish1428]

Thanks wpilr and uksettlement...I will do as said...

Did you pay the full application fee at the PEO office?

Whe is your application documents and passports at this moment?

Did they turn it into a postal application?

1. Yes....
2. With them....
3. Nope I don't think so...they mentioned in the letter that the sooner I reply, the sooner they will get back to me (make a decision)

[uksettlement]

Hi Girish,

Any update on your case.

Did you send them the docs and what all did you finally send?

Thanks!

[girish1428]

I will send a cover letter along with the following documents:

1. Copy of Relieving letter from TechMahindra Ltd India showing the day I sent my resignation letter. (Original enclosed with the documents submitted on 24th August)
2. Copy of Service Certificate from TechMahindra Ltd India, showing my last working day at TechMahindra. (Original enclosed with the documents submitted on 24th August)
3. Letter from TechMahindra UK (Milton Keynes) showing my service period in the UK. Original letter not received yet and TechMahindra did not agree to send a letter with the answers to the questions asked in your recent letter to me. Please see evidence in point 5 below.
4. Offer letter from TechMahindra (formerly known as MBT – Mahindra British Telecom. Name change information mentioned here - http://www.techmahindra.com/about_tech_ ... story.aspx)
5. Email exchanges between me and TechMahindra HR where they have confirmed that they won’t be able to provide a specific letter.

Not sure if this will help. But this is all I can do. I am stressing on the point that since I served 51 days notice period, the actual time spent is 120 - 51 = 69. I couldn't escape the notice period.

[uksettlement]

you will be fine dude. Dont stress.

[girish1428]

Thanks....but the chances of the application getting rejected seem to be high

[girish1428]

please update your results. hope it will be okay.
you cannot get it on that day - is it mean that it is not necessary to do by appointment?

i am in the same situation with a gap from Sept 08 to April 09.

As my gap is very long, i am a bit worry. They also insist that a business person should be able to come back within 3 months even for one day. (I am self-employed).

Anyone has idea about my situation?

I submitted my docs a while ago via urgent and recorded delivery. The post will reach them tomorrow before 1pm.
I would suggest to avoid the croydon PEO and to go to Birmingham Solihull. Or if you have all the documents and time in hand you can post it. Your gap is a big one and I think it breaks both the 90 day and the 180 day rule.
However, If you can prove that you were paying the taxes and other stuff here in the UK while you were away it should be fine.

[samriti2u]

Hi Girish,

Don't worry.....
If possible, can you please post full contents of the Letter from TechMahindra UK (Milton Keynes) showing your service period in the UK.

Thanks

[girish1428]

Code: Select all

Date

                                          To whom so ever IT may concern



Sub: Ref - <Candidate Name> (<Emp ID>)

Dear Sir / Madam,

This is to confirm that <candidate name> (<emp id>) was an employee of <company name > Ltd, which was a joint venture between <company name> and <UK company name 2>, U.K. He was based at <company name and address>. He worked in the UK from <Onsite start date> till <onsite end date>


Please feel free to contact the under signed if you should require any further information.

Thanks & Regards,
<signature of HR>
<name of HR>
Human Resource

We know what is <company name>, <UK company name 2>.
This letter won't help as it does not answer any questions mentioned in my original post (see above)

[girish1428]

Update....

Using royal mail tracking number I found that the additional docs that they needed have reached Croydon PEO:

"Your item with reference xxxxxxxx was delivered from our CROYDON Delivery Office on 30/08/12 .

Thank you for using this service.

We can confirm that this item was delivered before the guaranteed time."

[samriti2u]

Hi Girish,

Thanks for posting employer letter.You did not mention your initial date of arrival in the UK. Can you please post following-
1.Date you initially arrived in the UK? and
2.Date of application submission (ILR)?

[girish1428]

1.Date you initially arrived in the UK? and
2.Date of application submission (ILR)?

1. 28-MAY-2007
2. 24-AUG-2012

[samriti2u]

Hi Girish,

You have applied exactly 4 years, 11 months, 26 days after you initially arrived in the UK and this period includes absence from the UK.

The guidance on UKBA site: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary says that Time spent here (in the UK) may exceptionally be aggregated (taken together), and continuity not insisted upon at the discretion of immigration officer.
I believe if you have spent more than 4 years and 11 months in the UK excluding time spent in India then officer could rule this in your favor as they are allowed to aggregate the periods where there is evidence available.

I don't know if they can disregard or ignore the shortfall? Having said that please don't take any stress as you have done your best . Just wait for the outcome and hopefully, it'll in your favor. At the end of the day it's just fee on stake but you can still apply for extension as an option.

[girish1428]

Thanks Samriti,

I think I should have waited for some more time as I have some more absences apart from the continuos 120 days ! Total absences amount to 175 days ! I jsut did an end time minus start time which was 5 Years,
2 Months, and 27 Days. I could have waited more as my Tier 1 expires in Dec end of 2013 and I had ample amount of time in hand. All I can now hope is that they don't do a check of total days in UK minus total days out of UK. I would be very sad if it gets rejected but as you said, I should be able to go for an extension in 2013 end and then apply for ILR.

[manasa]

Thanks Samriti,

I think I should have waited for some more time as I have some more absences apart from the continuos 120 days ! Total absences amount to 175 days ! I jsut did an end time minus start time which was 5 Years,
2 Months, and 27 Days. I could have waited more as my Tier 1 expires in Dec end of 2013 and I had ample amount of time in hand. All I can now hope is that they don't do a check of total days in UK minus total days out of UK. I would be very sad if it gets rejected but as you said, I should be able to go for an extension in 2013 end and then apply for ILR.

Hi Girish,

I too was in the same situation but the difference with my case is lost passport. my case is 11 Months WP + 6 months unemployed + 3.10 months Hsmp
The PEO deffered my application asking letters from employers that i have not taken any unpaid holidays and list all the business trips (if any).
I got the letter from current employer but the problem is with TechM HR as in your case he was not willing to give the letter answering the questions of UKBA as he said they do not maintain any holidays records of ex-employees. so in my covering letter i have explained that properly and even i cant get any letter when i was un-employed.
So i do not know how long is it going to take to make any decission.

[uksettlement]

Hi Girish,

I dont think aggregated leaves will affect you at all. I agree with Samriti2 that case workers can aggregate leaves if the leaves are more. However you have been out for only 175 days which is less than 180 which is allowed.

Hence, the case worker should be able to apply the discretion regardless.

Fingers crossed for you.

Thanks!

[jigs88]

Thanks Samriti,

I think I should have waited for some more time as I have some more absences apart from the continuos 120 days ! Total absences amount to 175 days ! I jsut did an end time minus start time which was 5 Years,
2 Months, and 27 Days. I could have waited more as my Tier 1 expires in Dec end of 2013 and I had ample amount of time in hand. All I can now hope is that they don't do a check of total days in UK minus total days out of UK. I would be very sad if it gets rejected but as you said, I should be able to go for an extension in 2013 end and then apply for ILR.

Hi Girish,

I too was in the same situation but the difference with my case is lost passport. my case is 11 Months WP + 6 months unemployed + 3.10 months Hsmp
The PEO deffered my application asking letters from employers that i have not taken any unpaid holidays and list all the business trips (if any).
I got the letter from current employer but the problem is with TechM HR as in your case he was not willing to give the letter answering the questions of UKBA as he said they do not maintain any holidays records of ex-employees. so in my covering letter i have explained that properly and even i cant get any letter when i was un-employed.
So i do not know how long is it going to take to make any decission.

Hi,

I have applied for PEO at Croydon on 21/08/2012.

I was in Tech M WP between 04/08/2007 and 23/02/2008.

During my WP days was out of UK from 25th Nov 2007 to 22nd Feb 2008 exact 90 days.

But case worker overlooked the date from 21/11/2007 to 23/02/2008 which is = >90 days from case workers point of view. AS I was getting paid in UK and have payslips duing my UK absent.....they asked me letter from Tech M reason for explaining absent.

As you guys had experiance with Tech M HR, They are not ready to issue any letter to me. hopping for basic letter as mention above.

However have reply to UKBA explaining my case, that they have wrongley persued my case >90 days and I am well within legal allowed limit of 90 days so no additional docs is needed.

today is 5/09/2012 no return call or post from UK. I dont know what they do ?

Just sharing my expriance. As have gone though lots of post seems no option but to wait and watch.

Also my tier 1 is still valid next year April 2013.will they return my Tier 1 BRP ? If any case application got rejected, still I can reply next year ? or do I have to apply for extention and then reply for ILR ?

[girish1428]

Hi Jigs,

Your case is very similar to mine. But you are in a much better position compared to me as the days outside UK in 1 go are exactly 90. I think your case is almost straightforward. According to my knowledge, suppose one's ILR is rejected, he or she can appeal or not appeal according to what UKBA mention in the rejection letter. If they mention that one can appeal then he or she can else, he or she can't. And if one can't appeal then he/she can wait or go for another extension to complete the 5 years starting from the end of the long gap in 1 go. Which in my case is 29-AUG-2009 and in your case 23-FEB-2008. The above is according to my understanding and I'm not sure about it.

One thing I would like to know is, do caseworkers start checking the additional documents only after the 14 days are completed? or can they start checking the additional docs and start processing the application before the 14 days complete (if they receive the additional docs before 14 days). My appointment was on 24-AUG-2012 and my additional docs reached them on the morning of 30th. However, I am not sure if they have started checking the docs or the docs are still lying somewhere and would be picked up only after 2 weeks from 24th, which is the coming Monday ?

[jigs88]

Hi Jigs,

Your case is very similar to mine. But you are in a much better position compared to me as the days outside UK in 1 go are exactly 90. I think your case is almost straightforward. According to my knowledge, suppose one's ILR is rejected, he or she can appeal or not appeal according to what UKBA mention in the rejection letter. If they mention that one can appeal then he or she can else, he or she can't. And if one can't appeal then he/she can wait or go for another extension to complete the 5 years starting from the end of the long gap in 1 go. Which in my case is 29-AUG-2009 and in your case 23-FEB-2008. The above is according to my understanding and I'm not sure about it.

One thing I would like to know is, do caseworkers start checking the additional documents only after the 14 days are completed? or can they start checking the additional docs and start processing the application before the 14 days complete (if they receive the additional docs before 14 days). My appointment was on 24-AUG-2012 and my additional docs reached them on the morning of 30th. However, I am not sure if they have started checking the docs or the docs are still lying somewhere and would be picked up only after 2 weeks from 24th, which is the coming Monday ?

Hi Girish,

I am in same situation dont know whether they have start processing my application or not.......No way to find out it seems....In forum some where people suggested getting help from Local MP......So i had written detail letter to MP......Let see if i get any resposes from UKBA based on MP communication ?

I am confident that my case is simple one have good reason to win in appeal in case of initial rejection.......

Also I have still valid visa till April 2013 next year (tier 1 ).....So it will save me from another extention...

But here my point is when will i come to know the decision is it wait time upto 6 month as UKBA say on there web site ?

[primaryracer]

hi girish

have you had any updated regarding ur application...i have same situation, but in my case it my wife who was absent for 5 months.

She arrived in Nov 2010 and completing her two year in Nov 2012. However she was away for 5 months in 2011. I can prove that we were living together in 2010. Would this be enough...?

What was the case worker attitude towards the dependent..?
Any insight will be highly appreciated!

[jigs88]

Hiya


just want to know that if you have to submit the biometric card as well for ILR application?

thanks.

Yes brp has been submitted

[girish1428]

have you had any updated regarding ur application...i have same situation, but in my case it my wife who was absent for 5 months.

She arrived in Nov 2010 and completing her two year in Nov 2012. However she was away for 5 months in 2011. I can prove that we were living together in 2010. Would this be enough...?

What was the case worker attitude towards the dependent..?
Any insight will be highly appreciated!

Hi Primaryracer, I have so far had no updates. Though me and my wife were living together since 2009, I provided only the last 12 months tenancy agreement. However, as mentioned in my original post above, the caseworker asked me evidence of my wife's stay in the property where I lived for the year 2010 as she already had evidence of 2011-2012 period. So, I guess she was looking for evidence for cohabitation for the last 2 recent years (guessing). One of my colleagues got her ILR the day before yesterday where she was a dependant. She was quite tensed as for a long period she had to work from Switzerland while her husband was here in London. I will ask her what was her exact situation and what supporting documents she provided to the caseworker and update here by tomorow same time hopefully.

In my case the caseworker needed docs for the >90 period stay and the cohabitation. But I think I have plenty of solid evidence for cohabitation like NHS card, TV licencing, bank statements, pay slips having address. So, she (caseworker) was emphasizing on the >90 thing rather than the cohabitaion evidence.