ILR Set(O) – regarding absences from UK and Countries Lived in outside the UK

[ktyagi]

Dear board members,
I need suggestions for navigating the questions around absences from the UK and Countries Lived in outside the UK.

Here some background:
I was born in India and lived there for 18 years, then moved to country XXX in 2008 and lived there for 2 years for my MSc , then came to UK in 2010 and lived here for 4 years on Tier4 + 1 year on Tier4 DES as I did my PhD. Then I moved to Tier2 in 2015 and have been in that category for 5 years and hence applying for ILR from that route.

In the application form we have these following questions and I am putting my answers in colour. Could more experienced people in this group have a look and give me their opinion please?

When did you first enter the UK? – Start date of Tier2 Visa (2010)
Periods of absences from the UK – I will detail all the times I left UK and supplement this with a letter from my employer.

Have you previously lived in a country outside the UK including your country of birth? – Answer is Yes. And then I give details here or my birth and early life in India – till 2008. Then 2008-2010 living in country XXX. Is that it ?
Answer does not capture the period from 2010-2015 when I was in the UK doing PhD. Does it not matter? I would have thought that the questions about absences from UK and having lived outside UK are meant to capture details about an applicants whereabouts since birth to date of application. But here it seems a gap of 5 years will be left!

Am I worrying unnecessarily? Or should I add UK in the list of countries I lived in outside UK - interpret this question the same way we interpret the question "When did you first enter the UK?" and give details about life outside of the Leave on which I am basing my ILR application?

Many thanks in advance, Cheers.

[CULLINAN]

When did you first enter the UK? – Start date of Tier2 Visa (2010)

2015?

No. Answer as the question asks. “LIVED” and “OUTSIDE UK” is the key.

[ktyagi]

When did you first enter the UK? – Start date of Tier2 Visa (2010)

2015?

No. Answer as the question asks. “LIVED” and “OUTSIDE UK” is the key.

Oops, sorry my bad, yes 2015.

Should I include a cover letter mentioning about Life in UK from 2010-2015?

[CULLINAN]

When did you first enter the UK? – Start date of Tier2 Visa (2010)

2015?

No. Answer as the question asks. “LIVED” and “OUTSIDE UK” is the key.

Oops, sorry my bad, yes 2015.

Should I include a cover letter mentioning about Life in UK from 2010-2015?

No. That will be covered where the form asks about “any previous UK immigration applications” you made.

[ktyagi]

No. That will be covered where the form asks about “any previous UK immigration applications” you made.

Hi, I have not come across that question!

[CULLINAN]

No. That will be covered where the form asks about “any previous UK immigration applications” you made.

Hi, I have not come across that question!

There is a question where it asks “do you have any Home Office reference numbers.” Note it is not important to mention that. You are overthinking.

[ktyagi]

There is a question where it asks “do you have any Home Office reference numbers.” Note it is not important to mention that. You are overthinking.

I can see that question - I was going to answer that question as No. Is it important to give a reference number there? I have total three prior visa applications, Tier4 (made from India for which there is not reference number I think since application was made to the British High Commission and not to the Home Office), Tie4 DES, then Tier2, then Tier2 Extension. Which one should I give?

Cheers

[CULLINAN]

There is a question where it asks “do you have any Home Office reference numbers.” Note it is not important to mention that. You are overthinking.

I can see that question - I was going to answer that question as No. Is it important to give a reference number there? I have total three prior visa applications, Tier4 (made from India for which there is not reference number I think since application was made to the British High Commission and not to the Home Office), Tie4 DES, then Tier2, then Tier2 Extension. Which one should I give?

Cheers

You can provide all details as stated if you know. However, this is an “if known” question. You can use HO ref number OR BRP card number also.

[ktyagi]

You can provide all details as stated if you know. However, this is an “if known” question. You can use HO ref number OR BRP card number also.

Many thanks Cullinan. Really appreciate your help.

I have one more question . In the application form there is a question in dependents section:

Have you had any absences from the UK during any leave granted since 11 January 2018?
Answer for us is yes, as Tier 2 extension was done in Aug 2018. After that we have to give details of all the absences. Do we only have to give details of absences during the Leave granted since 11 January 2018. i.e. after Aug 2018? Or since the beginning of the Tier2 leave (i.e. October 2015)?

[CULLINAN]

a question in dependents section:

only after Aug 2018.

[ktyagi]

Thank you once again.

Can the confirmation of the absences of the primary applicant (ie. myself) by their employer be made in the same single letter which confirms employment, future requirement of their employment, SOC code, salary, etc.? Or there should be two separate letters - because they are listed separately in the checklist.

My HR wants to make one letter!

[AmazonianX]

Thank you once again.

Can the confirmation of the absences of the primary applicant (ie. myself) by their employer be made in the same single letter which confirms employment, future requirement of their employment, SOC code, salary, etc.? Or there should be two separate letters - because they are listed separately in the checklist.

My HR wants to make one letter!

Get them to make and give you two different letters.

[CULLINAN]

Thank you once again.

Can the confirmation of the absences of the primary applicant (ie. myself) by their employer be made in the same single letter which confirms employment, future requirement of their employment, SOC code, salary, etc.? Or there should be two separate letters - because they are listed separately in the checklist.

My HR wants to make one letter!

As long as the required information is there, I do not see any issue if there is one or two separate letters. One document can satisfy one or more things in the checklist.

Tier 2 guidance page 71:

You must provide a letter from your current sponsor confirming:
• you will still be required for the foreseeable future and
• your absences from the United Kingdom (explained in more detail above).

[ktyagi]

As long as the required information is there, I do not see any issue if there is one or two separate letters. One document can satisfy one or more things in the checklist.

Tier 2 guidance page 71:

You must provide a letter from your current sponsor confirming:
• you will still be required for the foreseeable future and
• your absences from the United Kingdom (explained in more detail above).

Here is the letter that the HR has drafted. Does this look sufficient, please?


3rd November 2020

TO WHOM IT MAY CONCERN

Re – Application for Indefinite Leave to Remain: Dr Name Surname

I would like to confirm the employment details for the Indefinite Leave to Remain application related to Dr Name Surname.

I can confirm that:

• Name is employed at XXXX as a XXXX on a permanent, full-time contract
• Name is still required to carry on working in this capacity for a foreseeable future
• SOC code 2112 best describes the work that Name undertakes
• Names’ current annual salary is £nn,nnn which is above the appropriate rate for the job stated

Please also see below for the dates that Name has been outside of the UK in the past 5 years:

• India: date-out until date-in (on annual leave, visiting family in India)
• .
• .
•

I can also confirm that for all other absences (abroad or otherwise) he has not taken any period of unpaid leave during his employment with us.


If you require any further information, please do not hesitate to contact me.


Yours sincerely

xxxxx
HR Advisor

[CULLINAN]

Yes.

[ktyagi]

Hi everyone, just got an email confirmation for my successful ILR application.
Thank you, I can not describe how grateful I am in words for the help and support of this forum's members who give such valuable information and advice free of any cost!
Cheers to you all.

[AmazonianX]

Hi everyone, just got an email confirmation for my successful ILR application.
Thank you, I can not describe how grateful I am in words for the help and support of this forum's members who give such valuable information and advice free of any cost!
Cheers to you all.

Congratulations for the success.