ILR SET(0) Form Queries

[MrNorthStar]

Hi All,

I am planning to apply for ILR next month and had a few queries if someone could be kind enough to guide me in the right direction.

Visas held:
05/SEP/2001 - 30/NOV/2003 - Student Visa(s)
11/SEP/2003 - 31/JUL/2008 - Work Permit (Granted for approx 5 years. Applied for HSMP while I was on work permit)
21/APR/2006 - 21/APR/2008 - HSMP (Granted for 2 years and afterwards applied for extension under Tier 1 (General))
21/MAY/2008 - 13/MAY/2011 - Tier 1 (General)

Query 1:
Form - Section 3:Please tick a box below to show us the category in which you are applying for indefinite leave to remain.

Since, I have held 3 different types of visas over the past 6 years, should I tick all the three types; i.e. Work Permit, HSMP and Tier 1 (General) or just Tier 1 (General)?

Query 2:
Form - Section 5: Your Home and Finances

I have my own flat and pay mortgage towards it. But due to work commitment I have to be away from home in the working week. I rent a room due to that in a different town.

So on the form should I tick both a) Owned by you and c) privately rented by you ? Or just tick a)Owned by you ?

Query 3: (Important)
Section 6 - Absences from the UK.

6.1. When did you (the main applicant) first enter the UK? This referes to the date of your first entry into the UK at the beginning of the period of stay on which this application is based?

In this section should I mention the first date that I entered UK (i.e. 15/SEP/2001) on the basis of student visa?
Or should it be 11/SEP/2003, when I got my work permit? (Note:I was already in UK when I got my work permit)

6.2. Since then have you had any absences from the UK? List of absences

Date Left - - - Date Returned - - - Days - - - Purpose
23/11/2003 --- 28/12/2003 --- 34 (7+27) --- Visiting Family
20/10/2005 --- 05/12/2005 --- 45 (11+30+4) --- Visiting Family
17/04/2006 --- 18/05/2006 --- 30 (13+17) --- HSMP Entry Clearance
30/11/2006 --- 17/12/2006 --- 16 (0+16) --- Visiting Family
06/02/2007 --- 07/02/2007 --- 0 --- Business Trip
21/10/2007 --- 11/11/2007 --- 20 (10+10) --- Visiting Family
30/11/2008 --- 06/02/2009 --- 67 (31+31+5) --- Got Engaged + Visiting Family

Total no. of days absent in past 5 years is 178 (67 + 20 + 0 + 16 + 30 + 45)

Note: I have taken into consideration that the dates I travel should not be counted as days of absence from UK (i.e. trip 30/11/2008 --- 06/02/2009 comes to 67 days when I don't consider 30th Nov and 6th Feb)

Questions for Section 6.2:
1. Are the above day absences calculation correct?
2. 178 days within 5 years allowed and am I within the guidelines?

I would appreciate if someone can post a link to guidelines for the above on the BIA website.

Please help me with this Section 6 as it has so much information over the web that one gets confused.

Any guidance would be helpful.

Thanks for reading.

[pahini]

Query 1:
Form - Section 3:Please tick a box below to show us the category in which you are applying for indefinite leave to remain.

Since, I have held 3 different types of visas over the past 6 years, should I tick all the three types; i.e. Work Permit, HSMP and Tier 1 (General) or just Tier 1 (General)?

Answer : for one of my friend on similar category, she ticked on the last visa status i.e. in ur case its tier 1 general...

Query 2:
Form - Section 5: Your Home and Finances

I have my own flat and pay mortgage towards it. But due to work commitment I have to be away from home in the working week. I rent a room due to that in a different town.

So on the form should I tick both a) Owned by you and c) privately rented by you ? Or just tick a)Owned by you ?

Answer :

if ur living at the same place than owned by you if not than please clarify this in ur cover letter to case worker - stating... though ur owned property at so and so address, ur living at xxx address which is rented.

so this question is again dependable on which address u r stating in ur form.
Query 3: (Important)
Section 6 - Absences from the UK.

6.1. When did you (the main applicant) first enter the UK? This referes to the date of your first entry into the UK at the beginning of the period of stay on which this application is based?

In this section should I mention the first date that I entered UK (i.e. 15/SEP/2001) on the basis of student visa?
Or should it be 11/SEP/2003, when I got my work permit? (Note:I was already in UK when I got my work permit)

Answer : again ... put the date u first enter in uk and for your safety add a note in ur covering letter to case worker.... stating all u have stated in this query .....

6.2. Since then have you had any absences from the UK? List of absences

Date Left - - - Date Returned - - - Days - - - Purpose
23/11/2003 --- 28/12/2003 --- 34 (7+27) --- Visiting Family
20/10/2005 --- 05/12/2005 --- 45 (11+30+4) --- Visiting Family
17/04/2006 --- 18/05/2006 --- 30 (13+17) --- HSMP Entry Clearance
30/11/2006 --- 17/12/2006 --- 16 (0+16) --- Visiting Family
06/02/2007 --- 07/02/2007 --- 0 --- Business Trip
21/10/2007 --- 11/11/2007 --- 20 (10+10) --- Visiting Family
30/11/2008 --- 06/02/2009 --- 67 (31+31+5) --- Got Engaged + Visiting Family

Total no. of days absent in past 5 years is 178 (67 + 20 + 0 + 16 + 30 + 45)

Note: I have taken into consideration that the dates I travel should not be counted as days of absence from UK (i.e. trip 30/11/2008 --- 06/02/2009 comes to 67 days when I don't consider 30th Nov and 6th Feb)

Questions for Section 6.2:
1. Are the above day absences calculation correct?
2. 178 days within 5 years allowed and am I within the guidelines?

Answer :
simple : the days u left and entered in uk have to be excluded... so exclude 14 days from 178 i.e. 164... .no issues at all...
fill out ur form... with all confidence... faith ....
if u hv any doubts .... it is better to make it clear to the case worker in the covering letter.... i did same thing for explaining the reasons for which i was out of uk.... and clarifying things to the case worker....

hope this helps to u ... any doubts... give me a buzz.....


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[MrNorthStar]

Thanks for your reply Pahini.

Appreciate it.

Recently I discovered that my HSMP application was made before the 03 April 2006 so I fall under HSMP JR.

Question 1:
Will only past 4 years of stay and absences will be taken into consideration?

Question 2:
What sort of financial documents will I need to support my application?
Note: These are the documents that I will already include in my application:
1. Last 6 months payslips
2. Last 6 months bank statements

Thanks.

[ash20]

Thanks for your reply Pahini.

Appreciate it.

Recently I discovered that my HSMP application was made before the 03 April 2006 so I fall under HSMP JR.

Question 1:
Will only past 4 years of stay and absences will be taken into consideration?

Question 2:
What sort of financial documents will I need to support my application?
Note: These are the documents that I will already include in my application:
1. Last 6 months payslips
2. Last 6 months bank statements

Thanks.

Your ILR will be backdated . whenever you had finished 4 years that will be the date u qualified for ILR.
about finance 3 months payslip is enough .. I recommend 12 months
i went in person so he asked only 3 pay slips
You need employer letter that your are still required for the job. ( thats most important)
All the best

[pahini]

I agreed with Ash20's reply but without offending would like you to add following docs with ur application :

[1] Cover letter explaining ur case, and y u r thinking u fell under hsmp jr

[2] payslips for last 12 months [ though 3 or 6 months r enough, recommendation is for 12 months]

[3] employment letter [ as u hv switched to tier 1 - u need a letter from ur employer stating that they still required ur services for their company..
[ the lady i referred in my previous post had to obtain a letter f rom her employer after her submission, HO sent a letter with this query ]

[4] tenancy agreement

[5] utility bills, council tax bills, credit card / bank statements - min six months is a good thing to attach.

[6] if u r applying with dependents - passport and photographs of dependents

[7] MOST IMPORTANT IF U R APPLYING UNDER HSMP JR - U NEED TO ATTACH ORIGINAL LETTER ISSUED BY HO AT THE TIME OF UR INITIAL ENTRY CLEARANCE,...

[8] P60 - P 45 as applicable to u - for all 4 years

[9] letter from income tax office for ur tax code/s for last 4 years...

hope this will be helpful, best of luck

[MrNorthStar]

Thanks Ash and Pahini.

Appreciate all the guidance you have given me.

I will try and obtain the respective documents mentioned in the post.

Any more questions I will try and post it here.

Thanks again.

[vvippala]

Hi

I am on a Tier 1 Gen Visa, eligible for ILR on Dec 16 2009.I have looked up on UKBA and its says i can apply 28 days before the day i am qualified,does this 28 days rule apply only for Postal application or does it apply for application in person at POE?? If so can i make my application at a POE after 18th Novemeber??

Help much appreciated.

[MrNorthStar]

This also applies to postal applications and in person applications.

I would advise never to cut it too fine. Apply before 27 - 26 days rather than 28 days.

My advice would be 20th Nov 09.

Senior members might have a different view. Member please do advise.

[vvippala]

Thanks a lot for your advice.