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ILR success, Croydon PEO, absences > 180 days total in 5

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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gvsandeep33
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Joined: Sun Nov 18, 2012 1:33 pm

ILR success, Croydon PEO, absences > 180 days total in 5

Post by gvsandeep33 » Tue Jan 08, 2013 5:25 pm

Hi,

My wife and I were approved for the ILR today (8th jan 2013). My immigration history is, 2 YR HSMP + 3 YR Tier 1 (general). My wife was approved as my dependant.

The issue I was worried about was my absences in the 5 years. I had a total of 297 days out of the country. 205 of them were work related and the rest of them holidays (92 days).

The caseworker asked me just two questions regarding my absences,

1. If I had any single absence over 90 days. (I did not).
2. If I had a table that listed each absence and the number of days. (I did, and I submitted that)


I did not have copies of my documents and she had to make them for me. It was an oversight on my part, and I strongly recommend taking the copies with you. She took about 30 mins, the most of which I assume was because she had to make copies for me, and handed me my approval letter with a smile. For anyone worried about the staff in Croydon, dont be, they are nice and dealt with my case very professionally. Only advice I have is to keep conversation short and to the point, they appreciate this.

Documents submitted with SET (O) application:

1. Cover letter
2. 12 months payslips and corresponding bank statements.
3. 5 years P60's
4. Co-hab documents.
5. Life in the UK certificates for me and my wife.
6. Letter from employer explaining the work related absences.

Items 2 - 5 were requested by the case worker. The other two I offered.

I should also mention that I had carried a completed Tier 1 general extension application in case the caseworker said that I didn't qualify for the ILR.

I have been reading this forum almost everyday for the past two months and I wanted to return the favor and help others who might be concerned about their applications. Good luck with your applications !

uksettlement
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Location: London
Contact:
India

Post by uksettlement » Tue Jan 08, 2013 6:39 pm

Interesting!

So the case workers are still asking for 90 days absence even though the revised rules do not talk about this.
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.

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: ILR success, Croydon PEO, absences > 180 days total i

Post by cs95tdg » Tue Jan 08, 2013 7:47 pm

1. If I had any single absence over 90 days. (I did not).
Congrats gvsandeep33! This is interesting, and I think the first post where I've seen this question asked by a caseworker. I.e. after the Dec 13th rule changes came into effect.

The SET(O) form still asks the question, even though the rules do not stipulate it as a requirement. Would need to get clarity on what is correct. Though if an issue arises due (before the UKBA provide clarity) to a legitimate single absence over 90 days, I would be ready to challenge it, with the latest immigration rules at hand.

uksettlement
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Location: London
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Post by uksettlement » Tue Jan 08, 2013 8:19 pm

precisely.

I would urge everyone whom this affects to have a look
http://www.whatdotheyknow.com/request/c ... ermited_ab

I have asked exactly the same question to UKBA and am hoping to get a response before 21st Jan
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.

xpscapable
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Joined: Tue Feb 24, 2009 2:14 pm
Australia

Post by xpscapable » Tue Jan 08, 2013 8:38 pm

Ours was > 180 as well but if I exclude business trips (about 60) I'm only 177 days out of UK.

Case worker didn't query that at all.

mark2915
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Posts: 18
Joined: Fri Jan 11, 2013 3:08 pm

Re: ILR success, Croydon PEO, absences > 180 days total i

Post by mark2915 » Sat Jan 12, 2013 2:04 am

[quote="gvsandeep33"]Hi,

My wife and I were approved for the ILR today (8th jan 2013). My immigration history is, 2 YR HSMP + 3 YR Tier 1 (general). My wife was approved as my dependant.

The issue I was worried about was my absences in the 5 years. I had a total of 297 days out of the country. 205 of them were work related and the rest of them holidays (92 days).

The caseworker asked me just two questions regarding my absences,

1. If I had any single absence over 90 days. (I did not).
2. If I had a table that listed each absence and the number of days. (I did, and I submitted that)


I did not have copies of my documents and she had to make them for me. It was an oversight on my part, and I strongly recommend taking the copies with you. She took about 30 mins, the most of which I assume was because she had to make copies for me, and handed me my approval letter with a smile. For anyone worried about the staff in Croydon, dont be, they are nice and dealt with my case very professionally. Only advice I have is to keep conversation short and to the point, they appreciate this.

Documents submitted with SET (O) application:

1. Cover letter
2. 12 months payslips and corresponding bank statements.
3. 5 years P60's
4. Co-hab documents.
5. Life in the UK certificates for me and my wife.
6. Letter from employer explaining the work related absences.

Items 2 - 5 were requested by the case worker. The other two I offered.

I should also mention that I had carried a completed Tier 1 general extension application in case the caseworker said that I didn't qualify for the ILR.

I have been reading this forum almost everyday for the past two months and I wanted to return the favor and help others who might be concerned about their applications. Good luck with your applications ![/quote]


HI, YOu said they had taken the copy of your submitted document,

Please can you advise us, what are the documents they had a taken copy of them , so that we would also prepared on that.



I did not have copies of my documents and she had to make them for me. It was an oversight on my part, and I strongly recommend taking the copies with you. She took about 30 mins, the most of which I assume was because she had to make copies for me, and handed me my approval letter with a smile. For anyone worried about the staff in Croydon, dont be, they are nice and dealt with my case very professionally. Only advice I have is to keep conversation short and to the point, they appreciate this.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: ILR success, Croydon PEO, absences > 180 days total i

Post by cs95tdg » Sat Jan 12, 2013 9:05 am

mark2915 wrote:Please can you advise us, what are the documents they had a taken copy of them , so that we would also prepared on that.
According to the application form guidance, you must provide photocopies of all evidence you submit with your application. The list will vary depending on what you submit.

olarey
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Posts: 36
Joined: Fri Jan 04, 2013 8:02 am

Re: ILR success, Croydon PEO, absences > 180 days total i

Post by olarey » Sat Jan 12, 2013 10:56 am

Mark2915
2. If I had a table that listed each absence and the number of days. (I did, and I submitted that)


question: Do I need a separate sheet detailing total number of days outside uk apart from SET O.

raviktiwari
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Posts: 28
Joined: Sun Feb 05, 2006 3:42 am
Location: New Delhi
Contact:

Form Filling

Post by raviktiwari » Sun Jan 27, 2013 4:32 pm

Hello All,

Sorry to bother you few basic questions, but if you can take out some time and help me with this, I would be really thankful to you.7

1.>
On the form, page Page 14, Question 6.4 asks:
When did you last enter the UK?
Should I give the date when I came to the UK for the first time in 2008 or should I give the date when I last came back to UK after my holidays in India in 2011?


2.>
I came to the UK in Apr 2008 on HSMP and got it extended as Tier 1 in Jan 2010. So when filling the form, which option should I choose on Page 46 and Page 47? Will it be 11G or 11 L?


Looking forward for your response.

Thanks and Regards,
-Ravi

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Form Filling

Post by cs95tdg » Sun Jan 27, 2013 4:36 pm

raviktiwari wrote:1.>On the form, page Page 14, Question 6.4 asks:
When did you last enter the UK?
Should I give the date when I came to the UK for the first time in 2008 or should I give the date when I last came back to UK after my holidays in India in 2011?

2.>I came to the UK in Apr 2008 on HSMP and got it extended as Tier 1 in Jan 2010. So when filling the form, which option should I choose on Page 46 and Page 47? Will it be 11G or 11 L?
1) Reading the question carefully will help. It asks, when did you LAST enter the UK (not FIRST). From what you say this was in 2011.
2) 11L

raviktiwari
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Posts: 28
Joined: Sun Feb 05, 2006 3:42 am
Location: New Delhi
Contact:

Form Filling

Post by raviktiwari » Sun Jan 27, 2013 4:41 pm

Thanks Mate.

This is what I thought, just wanted to take second opinion. It never hurts.

Would be interesting to see if anyone in the forum disagrees. :-)

Thanks again.


Regards,
-Ravi

uksettlement
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Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Re: Form Filling

Post by uksettlement » Sun Jan 27, 2013 4:42 pm

raviktiwari wrote:Hello All,

Sorry to bother you few basic questions, but if you can take out some time and help me with this, I would be really thankful to you.7

1.>
On the form, page Page 14, Question 6.4 asks:
When did you last enter the UK?
Should I give the date when I came to the UK for the first time in 2008 or should I give the date when I last came back to UK after my holidays in India in 2011?
The date in 2011

2.>
I came to the UK in Apr 2008 on HSMP and got it extended as Tier 1 in Jan 2010. So when filling the form, which option should I choose on Page 46 and Page 47? Will it be 11G or 11 L?
Just go with the option for tier 1 general

Looking forward for your response.

Thanks and Regards,
-Ravi
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.

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