help for over 90 days absence

[over 90days]

I have my appointment at PEO next week.

Entry in UK : Sept 25, 2004 (on work permit upto Sept 8, 2008)

obtained Tier 1 visa: May 19, 2008 valid till May 19, 2011

Absence from UK: 192 days of which one continuous 121 days

Reason for long absence: to resign from work permit employer in India

Supporting document: Letter from employer confirming the absence and that salary during the period paid in India.

Currently, with new employer for over a year continuously.

Can any one help/guide?

thanks

[senthil78]

I have my appointment at PEO next week.

Entry in UK : Sept 25, 2004 (on work permit upto Sept 8, 2008)

obtained Tier 1 visa: May 19, 2008 valid till May 19, 2011

Absence from UK: 192 days of which one continuous 121 days

Reason for long absence: to resign from work permit employer in India

Supporting document: Letter from employer confirming the absence and that salary during the period paid in India.

Currently, with new employer for over a year continuously.

Can any one help/guide?

thanks

You have clear break in your residence as your absence exceeded more than 90 days at a time. I don't think that the case worker will apply discretion for the reason that you have mentioned for your absence. They case worker may apply discretion if the absence is for business purpose or in compassionate nature.

[over 90days]

Senthil78,

Thanks for your guidance. In fact during the period of absence, I was sick and hospitalised and so would plead on compassionate ground

[senthil78]

Senthil78,

Thanks for your guidance. In fact during the period of absence, I was sick and hospitalised and so would plead on compassionate ground

You need to prove that

[over 90days]

I have full documents in respect of the hospitalisation, the cost of which and other domicillary treatment was reimbursed to me by the employer which is reflected in my bank statement.

In fact, I would emphasise that my arrival to UK was delayed on account of sickness.

[senthil78]

I have full documents in respect of the hospitalisation, the cost of which and other domicillary treatment was reimbursed to me by the employer which is reflected in my bank statement.

In fact, I would emphasise that my arrival to UK was delayed on account of sickness.

If you do that, the case may apply discretion in your case, All the best

[ChetanOjha]

I don't think proving hospitalisation will help either. Was OP advised by his GP to get treatment overseas? Clearly NO.

The only way out for OP is to prove that his absense was due to Business Reason. He can get letter from his old company saying he was sent overseas for project study etc. etc.

Senthil78,

Thanks for your guidance. In fact during the period of absence, I was sick and hospitalised and so would plead on compassionate ground

You need to prove that

[over 90days]

Chetanojha,

My employer letter states that I was transferred to Indian establishment where I resigned and after due process I was relieved on the specified date (121 days after reporting). They have also confirmed that I was in continuous employment with the Indian establishment upto that date and was paid Indian salary. Would such a letter go against me?

[senthil78]

I don't think proving hospitalisation will help either. Was OP advised by his GP to get treatment overseas? Clearly NO.

The only way out for OP is to prove that his absense was due to Business Reason. He can get letter from his old company saying he was sent overseas for project study etc. etc.

Senthil78,

Thanks for your guidance. In fact during the period of absence, I was sick and hospitalised and so would plead on compassionate ground

You need to prove that

I agree with you, But if someone is hospitalised during their holiday and may not be returned to the UK as they planned. What will happen to their case? I think that it will be treated on compassionate ground. It is easy to get discretion on business absence than on compassionate ground. But if OP has proper evidence to prove, case worker may apply discretion.

[mrlookforward]

OP also need to clarify what he means by "I was getting Indian Salary". Was he being paid in UK with tax and NI deducted by HMRC, or was he getting paid straight in India.

[over 90days]

Mrlookforward

I was paid in India and hence not subject to deduction of tax and NI by HMRC. Please guide

[over 90days]

Thanks a lot to all.

I have today got the ILR with the details mentioned in my earlier posts.

[venu479]

can you tell your story pls on what happened at your appointment

[over 90days]

I would narrate my experience with the case worker. (Rest all i.e. reaching in time, security check, paying the fee etc was usual).

Documents submitted to case worker:

Completed application
Passport
P60 for 6 years
Copy of work permit (original was not with me)
Original Tier 1 approval letter
Original Pay Slips for last 3 months,
Original bank statement (salary account and ISA)
Current employer's letter
Life in UK pass certificate

Caseworker said it will take 1 hour so I may either wait or go out. I preferred to stay.

After entering the details in the system, the caseworker asked me about the long absence. I gave the employer's letter. Caseworker immediately said it is fine.

Caseworker took copies of all my documents, returned me all originals and told me that my application has been approved. Collected the passport after 30-40 minutes.

Once again, I thank all those whose posts (particularly Chetanojha) on this website has helped me in getting ILR.

[tangylemon]

Can you please confirm the reason for absence, business or health related

thanks

[over 90days]

business related

[mrlookforward]

haha, that did the job.
Well done, and good luck for the future.