ILR absentees and reference letter query please!!

[abdmohammed]

Hello Everyone,

This forum has been very helpful for all of us. I have two queries regarding my ILR application and would be greatful if you guys can please put me out of my misery here?

I successfully applied for HSMP in Sep 2006 and hence come under hsmp ILR judicial review category and due to apply for my ILR application next week. Can you all experts please answer my query about absentees? My company sent me out of UK for business trips on other projects three times to different countries in 2006 and 2007. So i had to stay out of UK for 12 months in the first and 2nd year after I had my HSMP visa. During this time i was paid in UK in UK Bank account, have payslips as well. Also I used to visit uk every 3 or 4 months in this period. Can you please tell me will this effect my ILR application in any way i.e. too many absentees (as I heard there's a 180 day rule). Really confused which one is it?
Also I have payslips for that period and have Employers letter for that time.

Another question is regarding reference letter as I started my own company later in 2008 and worked as self employed. Do you think i will need a reference letter from agency through which i got the work. Stating my contract dates, role, rate per day etc. If I do need one letter then anyone has a template for it?

I would really appreciate if you can please help me out here.
Thanks a lot for your help.

[abdmohammed]

Clarification about my absentees are as below:

8+31+13+40+82+72+49+43+17+15+18+14+5+17 = 424 days outside UK. reason to show this is i haven't been out of uk for more than 90 days in any of the leaves. But the big business trips i.e. 82 and 72 are from June 2007 to Aug 2007 then I came back for 5 days and went back again from Sep 2007 to Nov 2007 this is what i am really worried about. Although I have employers letter and pay slips as evidence.

Can you please clarify if this is going to create any issues while applying in person at PEO croydon?

Thanks a lot for your help.

[jami]

1.Job related absences are to be disregarded and there is no upper limit in this regard. Blew is an extract from UKBA reply:

"No formal time limit has been put on these type of cases in the guidance and each is decided on a case by case basis. I would expect that many of the situations you describe would fall into this category. In all cases, it is recommended that migrants provide sufficient evidence at the time and include supporting evidence why they were required to undertake the travel from employers &/or medical practitioners, when they apply for settlement."
Include evidence as desired above by UKBA.

2. You do not need any reference letter from agency rather for self employed period letter from your accountant would be more appropriate to support economic activity.

3. Your is fit case for any PEO

[abdmohammed]

Thanks Jami for your clarification. Really appreicate your quick response. The reason why I raised this thread was due to another thread I read from "Somu" i hope you remember that one where he went to PEO croydon and his case was referred as he had more work related absentees and CW couldn't take a decision on his case.

What type of evidence do you think is sufficient enough to be submitted ?I have Pay slips, bank statements and employer letter (it states that I was sent out on projects outside uk for dd-mm-yy(start date) to dd-mm-yy (end date). And your salary and other benefits remained unchanged). Do you think this will suffice or any more proof may be needed ?

[jami]

somu had reported his case on 26 May 2011 and has not updated this board about latest position. But since than it appears that UKBA has re-issued instructions on absences to case workers and currently there are liberal decisions.

Moreover I had asked UKBA about their policy about upper tribunal ruling wherein over 900 days absences were allowed. They replied that ruling was not contested further by UKBA as it is consistent with their modernized guidance.

If possible opt for Solihull PEO which is not so busy and one gets more opportunity to explain his case.

As for as employer letter regarding absences is concerned it would be appropriate to insert a line therein that within that company you were the only suitably qualified/experienced employee for that overseas assignment. They should explain that why it was necessary for employer business to send you. Like other language ability etc etc

Similarly though not mandatory yet if you have than give evidence of your ties with UK during the period of your absence.

[abdmohammed]

Thanks Jami. One problem with addition of that line is I have left this company 3 yrs back and these letters were taken before I left the company. Do you think i should go back to them for letters ?

[abdmohammed]

Hi Jami

Thanks for all your replies till now. I have managed to get an appointment in croydon for next week. Can you please tell me what documents do i need to take with me as I have a limited company of my own and am the director of it. Accountant has given me a letter showing that what my projected income is and also gave me stamped payslips for 12months. But I heard that you need to even show tax returns for your company. Is this true? If yes then what do I need to show as Tax return. Is it the Profit and Loss account which they sent me when I had completed my year end accounts?

Also do you think i should go through solicitor for my case or is it ok to go personally to PEO?

Your advise will be much appreciated. Thanks.

[abdmohammed]

Thanks for all your help guys. I successfully got my ILR. Regards.

[networkers]

Thanks for all your help guys. I successfully got my ILR. Regards.

Congrats Mohammad,

Can you please post the list of document and share your experiences at PEO as it will be helpful for others.

[Bobbylondon]

Thanks for all your help guys. I successfully got my ILR. Regards.

Hi Mohammad,

Congrats on ILR.
I just now saw thread started by you in Aug. & now the result for ILR. Really encouraging.
My case is also similar, where I am working for same company for last 5 yrs. But COMPANY assigned me aborad June 2010 & till now I am abroad. Other absences are too small. I have always maintained 90 days rule for return to UK & have been paying taxes in UK only & I am paid in UK only all 5 yrs. Do you mind sharing what documents specially to justify absences, were attached by you.
I appreciate if you can share the ssmples as well. Did you mention Upper Tribunal Decision for absences upto 900 days also?

I eagerly await your reply & thanks in advance

Bobby