URGENT ILR Absence earnings

[hemant_lakhani]

Dear Gurus/Experts, I am struggling to clarify some information for my ILR application and I have PEO appointment next month.
So requesting urgent help and advice.

I need help on ILR application, you would be very kind to help me with your expert advice.

I am on Tier1 General and going to apply ILR next month.
I have 8 month absence, but I understood that if depending on date of application absence is less than 180 days each calculated year it should be ok.

I work for an India based employer, they have sent me from India to UK on deputation for projects for UK clients.
I first came in UK in Oct 2007 on Work permit, switched to Tier1 General in Aug 2009. While I had Tier 1, my employer sent me back to India in Jan 2010 where I worked on other projects, my employer sent me again to UK on deputation in Sept 2010 and I am in UK since then.
There is absence of 8 months (which breaks into 2 calculated years making less than 180 days in each)

As we have to support the reason for absence and my absence is due to work with same employer, I requested letter from employer and a letter is provided from the employer mentioning when I came to UK when returned back to India and when came back to UK on assignments on deputation. It clearly mentions that I was sent to UK from India on deputation and during the absence from UK I was paid India salary and no salary was paid in the UK.

As I was not being paid in the UK, I was not paying any tax/NI in the UK.
I want to clarify on if there is any requirement for allowed absence that during absence for work reason, person has to be paid UK salary and not India salary (as I was not paid salary in UK but was paid salary in India).

If I was getting salary in India do I fall in below category from the UKBA document - calculating continuous period Page 22 of 31
"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken."

Lot of people have similar situation, so I am sure clarity in this regards would help many people.
Please help and advise ASAP. Thanks for your help.

[dk2011]

There is absence of 8 months (which breaks into 2 calculated years making less than 180 days in each)--> As long as your abscence is <=180 days in each qualifying year it is fine . Generally , you don't need any letter related to it. But as you have got already one there is nothing to worry about.

[hemant_lakhani]

Thanks, the absence is breaking into 2 years making it less than 180 days.
And there is requirement that for any absence, reason needs to be supported with evidence so got the letter from employer.

As per details in my above message, I being on deputation and getting India salary during the absence, will that be a problem? Looking for some expert advise to clarify please.

Thanks a lot for helping.. Please advise.

[dk2011]

No . You will be fine.

[foodie123]

Dear Gurus/Experts, I am struggling to clarify some information for my ILR application and I have PEO appointment next month.
So requesting urgent help and advice.

I need help on ILR application, you would be very kind to help me with your expert advice.

I am on Tier1 General and going to apply ILR next month.
I have 8 month absence, but I understood that if depending on date of application absence is less than 180 days each calculated year it should be ok.

I work for an India based employer, they have sent me from India to UK on deputation for projects for UK clients.
I first came in UK in Oct 2007 on Work permit, switched to Tier1 General in Aug 2009. While I had Tier 1, my employer sent me back to India in Jan 2010 where I worked on other projects, my employer sent me again to UK on deputation in Sept 2010 and I am in UK since then.
There is absence of 8 months (which breaks into 2 calculated years making less than 180 days in each)

As we have to support the reason for absence and my absence is due to work with same employer, I requested letter from employer and a letter is provided from the employer mentioning when I came to UK when returned back to India and when came back to UK on assignments on deputation. It clearly mentions that I was sent to UK from India on deputation and during the absence from UK I was paid India salary and no salary was paid in the UK.

As I was not being paid in the UK, I was not paying any tax/NI in the UK.
I want to clarify on if there is any requirement for allowed absence that during absence for work reason, person has to be paid UK salary and not India salary (as I was not paid salary in UK but was paid salary in India).

If I was getting salary in India do I fall in below category from the UKBA document - calculating continuous period Page 22 of 31
"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken."

Lot of people have similar situation, so I am sure clarity in this regards would help many people.
Please help and advise ASAP. Thanks for your help.

Hi,

Just wanted to enquire about your ILR status. Did you get ILR. I am in a similar situation as yours. I am on tier 2( intra company transfer) visa since March 2010 and have been absent from UK for continuous 82 days for which I was on Indian payroll. I dont have UK payslips for that period.Could this stop me from getting my ILR.

Cheers,
Priya

[hemant_lakhani]

Hi, I got my ILR last month, you should be ok. I had lot more absence than yours when I was paid salary in India.
Make sure in most recent year from date of application absence is less than 90 days (for other years absence can be upto 180 days). Thanks.

[Manoj_Lakhani]

Thanks, the absence is breaking into 2 years making it less than 180 days.
And there is requirement that for any absence, reason needs to be supported with evidence so got the letter from employer.

As per details in my above message, I being on deputation and getting India salary during the absence, will that be a problem? Looking for some expert advise to clarify please.

Thanks a lot for helping.. Please advise.

Hi Hemant,

I have 100 days absence in 2nd year and had got indian salary and not uk salary during my absence from my company. I asked my employer for a letter stating this. But employer refused to provide me the letter. Please advise. I do have pay slips.

[hemant_lakhani]

Hi Manoj,

Absence less than 180 days is fine, you should be ok.
Ideally there should be supporting documents with reasons for any absence.
I suggest you try to get letter from employer mentioning your dates of assignment/deputation in the UK.
And that you were working on projects based in India for the company. (Make a formal request for the letter, so its in records)

If you can't get letter from employer, ask them to give you formal email/letter saying you can't provide letter so you can attach this response to your application (You don't need to attach this but keep for your records).
If you can get any kind of employment letter which covers that you were employed during absence period, thats also ok. (like a letter mentioning you are employer as ... from <date>, and your absence is after this date, which means you have been employed with them during the absence) I think India based employers are not that understanding and they have fear to loose employees so they don't want employees to get ILR so they can get employees to travel as they wish.

If finally you don't get the letter from employer, provide absence details in your cover letter / absence sheet describing reason for the absence (like you worked on projects based in India while working with same employer as <designation>)
As your absence is less than 180 days, you should be ok, however if home office need more details they can ask your employer directly by your provided details in the form.

If you would like to have a chat with me, send me a private message with your contact details. Cheers

[susan0x]

Hi Hemant,

I am also in the same boat but except the visa type. I am on Tier 2 (ICT).
My questions are:

1. Did you show your India Salary Slips and Banks Statements for the period you were working in India and absent in UK?

2. Which PEO did you get the appointment for your ILR application?

Thanks

[hemant_lakhani]

Hi Hemant,

I am also in the same boat but except the visa type. I am on Tier 2 (ICT).
<I am not sure about requirements for Tier2 (ICT) visa>
My questions are:

1. Did you show your India Salary Slips and Banks Statements for the period you were working in India and absent in UK?
<Nope, I did not show salary slips/bank statements for period of absence, but letter from employer mentioned that no salary was paid in the UK and salary was paid in India.>

2. Which PEO did you get the appointment for your ILR application?
<Croyden (it doesn't matter, you can go to any PEO)>

Thanks

[susan0x]

Thanks Hemant

[Manoj_Lakhani]

Hi Manoj,

Absence less than 180 days is fine, you should be ok.
Ideally there should be supporting documents with reasons for any absence.
I suggest you try to get letter from employer mentioning your dates of assignment/deputation in the UK.
And that you were working on projects based in India for the company. (Make a formal request for the letter, so its in records)

If you can't get letter from employer, ask them to give you formal email/letter saying you can't provide letter so you can attach this response to your application (You don't need to attach this but keep for your records).
If you can get any kind of employment letter which covers that you were employed during absence period, thats also ok. (like a letter mentioning you are employer as ... from <date>, and your absence is after this date, which means you have been employed with them during the absence) I think India based employers are not that understanding and they have fear to loose employees so they don't want employees to get ILR so they can get employees to travel as they wish.

If finally you don't get the letter from employer, provide absence details in your cover letter / absence sheet describing reason for the absence (like you worked on projects based in India while working with same employer as <designation>)
As your absence is less than 180 days, you should be ok, however if home office need more details they can ask your employer directly by your provided details in the form.

If you would like to have a chat with me, send me a private message with your contact details. Cheers

Hi Hemant,

Thanks for your time. Also let me know does SOC code is mandatory to be mentioned in letter as part of ILR submission. What if we couldn't get one as my company does not want to mention this.

Thanks,
Manoj

[susan0x]

Hi Hemant,

Thanks for your time. Also let me know does SOC code is mandatory to be mentioned in letter as part of ILR submission. What if we couldn't get one as my company does not want to mention this.

Thanks,
Manoj

@Manoj, It is required to mention the SOC code in leter as a part of ILR submission in case of Tier 2.

[Manoj_Lakhani]

Hi Hemant,

I am also in the same boat but except the visa type. I am on Tier 2 (ICT).
<I am not sure about requirements for Tier2 (ICT) visa>
My questions are:

1. Did you show your India Salary Slips and Banks Statements for the period you were working in India and absent in UK?
<Nope, I did not show salary slips/bank statements for period of absence, but letter from employer mentioned that no salary was paid in the UK and salary was paid in India.>

2. Which PEO did you get the appointment for your ILR application?
<Croyden (it doesn't matter, you can go to any PEO)>

Thanks

Hi Hemant,
It would be helpful if you could upload sample/template letter which you have mentioned 'letter from employer mentioned that no salary was paid in the UK and salary was paid in India.'.

In case if you feel to not to share here please send it to manojlakhani79@gmail.com. your help will be much appreciated.

Sorry mate i couldnot send you private message as the button is not enabled to me.

Manoj

[forumaccount]

Dear Hemant,

Please could you upload the template for me as well. I think this would help a lot of us sailing in the same boat.

1. Template for absence from UK due to projects in India and hence not paid UK salary.
2. Template used for absence from UK.

Cheers..