ILR Success - 301 Absences - Croydon PEO

[isidds]

I have been granted ILR with my family (wife n two kids) on 6th of Sep 2011 at croydon PEO. I was under HSMP Apr - Nov 2006. I would like to thank all the members, moderators and everyone who contributes to this forum. My special thanks to Sushdmehta and Shahid Jami for bearing and answering my queries.

My initial appointment was at Solihull on 02 Sep but I somehow managed to forget the photographs and I did not take my family with me then. So, I came back home and got appointment with Croydon PEO for 06 Sep. My only worry was that I had 301 absences with half paid annual leave and half unpaid leave.

Documents asked:
Application
Passports
Photos
3 months pay slips
Employment letter (current)
Absences sheet
Cohabitation Proof

Here is how it went:

My appointment was scheduled at 12 noon and we reached the PEO at 11:55 owing to bad weather and severe delays on trains. And then the security guard was hesistant to let us in. But I was persistant and he let us go with a word that they might not see us. Anyhow, during initial application check the system froze and was held there was 30 mins and he then wrote something on application requesting checks be done by caseworker.After paying the fees we were sat in the waiting hall at 12:40 for our token to be called. And I was called at 2:15.

The lady caseworker was smiling as we exchanged greetings. And then she asked me to give the application form and passports. She checked something and then told me that I ticked the wrong option in section 3 (I ticked HSMP under ILR judicial review) and corrected it to Tier 1 - HSMP under JR. I argued with her a little that some parts of ILR JR apply to me but she had already made her correction so I let it go. Then asked for last three months payslips and employment letter. After 5 mins she asked me for the absences spread sheet and I handed it over. She went through it cross checking my two passports (expired and new) for entry stamps and verified that I did not have any 90 days absence at one stretch and looked content.

Then she asked me for cohab proof for last two years. And then it was time I used the knowledge gained on this forum. I told her that the reason I ticket the option I chose in section 3 was that I do not need Life in the UK test and cohab proofs as dependents follow the status of main applicant and then she argued a little but seeing my conviction of the point I was making she asked me wait and went away (may be to speak with her supervisor). When she came back she had a wry smile on her face as if she had conceded to my point and said "it's fine". Then asked me to collect my passport after an hour.

The overall conclusion is that she dint really care about my number of absences and was only concerned if there are any >90 days absences. I would love to contribute back to this forum if I can help answer any questions. So feel free to ask.

Thanks
isidds

[skt1977]

Can you please elaborate ?

I believe there is scope for a confusion as there are these 2 options within section B of Section 3.

Which one applied to whom ? April to Nov HSMp approval cases fall in which of those ? and what are the implications of choosing one option over another ?

HSMP under JR vs Tier 1 General under JR ??

regards
SKT

[isidds]

As I understand, Tier 1 General under JR is the correct option to choose for those who are under HSMP Apr - Nov 2006 category as section 3 is related to your current status (which is Tier 1 General).

But I chose HSMP ILR JR only to make a point that there are some parts of the ILR JR (like life in the uk test and dependents following main applicant's status) which apply to me.

In the end, I think it does not really matters which option you choose. As you will be making it clear when asked for either Life in the UK test or Cohab proof that you do not require it.

Also, it has been seen that some caseworkers don't bother what you ticked in section 3 or section 10. They just know it and some need reminding. So, be prepared to make your point when needed.

[imran22]

Hi isidds

I can understand that you forgot to take the photographs and that is why you have to rebook but you also mentioned that you didn't took you dependants.

I always thought that taking dependents with you is not mandatory. Is it not the case you think?

[isidds]

imran22,

You are right. Back then it was not mandatory to take dependent with you and that is why I did not and hence lost the chance of taking photographs there in solihull.

But be sure to check when you book an appointment now. As someone yesterday on this Forum was mentioning that it is now mandatory to take dependents with you.

[hariff_m]

I have been granted ILR with my family (wife n two kids) on 6th of Sep 2011 at croydon PEO. I was under HSMP Apr - Nov 2006. I would like to thank all the members, moderators and everyone who contributes to this forum. My special thanks to Sushdmehta and Shahid Jami for bearing and answering my queries.

My initial appointment was at Solihull on 02 Sep but I somehow managed to forget the photographs and I did not take my family with me then. So, I came back home and got appointment with Croydon PEO for 06 Sep. My only worry was that I had 301 absences with half paid annual leave and half unpaid leave.

Documents asked:
Application
Passports
Photos
3 months pay slips
Employment letter (current)
Absences sheet
Cohabitation Proof

Here is how it went:

My appointment was scheduled at 12 noon and we reached the PEO at 11:55 owing to bad weather and severe delays on trains. And then the security guard was hesistant to let us in. But I was persistant and he let us go with a word that they might not see us. Anyhow, during initial application check the system froze and was held there was 30 mins and he then wrote something on application requesting checks be done by caseworker.After paying the fees we were sat in the waiting hall at 12:40 for our token to be called. And I was called at 2:15.

The lady caseworker was smiling as we exchanged greetings. And then she asked me to give the application form and passports. She checked something and then told me that I ticked the wrong option in section 3 (I ticked HSMP under ILR judicial review) and corrected it to Tier 1 - HSMP under JR. I argued with her a little that some parts of ILR JR apply to me but she had already made her correction so I let it go. Then asked for last three months payslips and employment letter. After 5 mins she asked me for the absences spread sheet and I handed it over. She went through it cross checking my two passports (expired and new) for entry stamps and verified that I did not have any 90 days absence at one stretch and looked content.

Then she asked me for cohab proof for last two years. And then it was time I used the knowledge gained on this forum. I told her that the reason I ticket the option I chose in section 3 was that I do not need Life in the UK test and cohab proofs as dependents follow the status of main applicant and then she argued a little but seeing my conviction of the point I was making she asked me wait and went away (may be to speak with her supervisor). When she came back she had a wry smile on her face as if she had conceded to my point and said "it's fine". Then asked me to collect my passport after an hour.

The overall conclusion is that she dint really care about my number of absences and was only concerned if there are any >90 days absences. I would love to contribute back to this forum if I can help answer any questions. So feel free to ask.

Thanks
isidds

Hi and congrats. I have my appointment on the 21st of September. Just 1 question, you mentioned about your absence excel sheet. Did you make one or is there a UKBA format. Please let me know

Hariff

[isidds]

hariif_m

UKBA does not have a format for it. But You can download the format from this forum if you look in sticky topics.

Thanks and best of luck with your application

[Bobbylondon]

I have been granted ILR with my family (wife n two kids) on 6th of Sep 2011 at croydon PEO. I was under HSMP Apr - Nov 2006. I would like to thank all the members, moderators and everyone who contributes to this forum. My special thanks to Sushdmehta and Shahid Jami for bearing and answering my queries.

My initial appointment was at Solihull on 02 Sep but I somehow managed to forget the photographs and I did not take my family with me then. So, I came back home and got appointment with Croydon PEO for 06 Sep. My only worry was that I had 301 absences with half paid annual leave and half unpaid leave.

Documents asked:
Application
Passports
Photos
3 months pay slips
Employment letter (current)
Absences sheet
Cohabitation Proof

Here is how it went:

My appointment was scheduled at 12 noon and we reached the PEO at 11:55 owing to bad weather and severe delays on trains. And then the security guard was hesistant to let us in. But I was persistant and he let us go with a word that they might not see us. Anyhow, during initial application check the system froze and was held there was 30 mins and he then wrote something on application requesting checks be done by caseworker.After paying the fees we were sat in the waiting hall at 12:40 for our token to be called. And I was called at 2:15.

The lady caseworker was smiling as we exchanged greetings. And then she asked me to give the application form and passports. She checked something and then told me that I ticked the wrong option in section 3 (I ticked HSMP under ILR judicial review) and corrected it to Tier 1 - HSMP under JR. I argued with her a little that some parts of ILR JR apply to me but she had already made her correction so I let it go. Then asked for last three months payslips and employment letter. After 5 mins she asked me for the absences spread sheet and I handed it over. She went through it cross checking my two passports (expired and new) for entry stamps and verified that I did not have any 90 days absence at one stretch and looked content.

Then she asked me for cohab proof for last two years. And then it was time I used the knowledge gained on this forum. I told her that the reason I ticket the option I chose in section 3 was that I do not need Life in the UK test and cohab proofs as dependents follow the status of main applicant and then she argued a little but seeing my conviction of the point I was making she asked me wait and went away (may be to speak with her supervisor). When she came back she had a wry smile on her face as if she had conceded to my point and said "it's fine". Then asked me to collect my passport after an hour.

The overall conclusion is that she dint really care about my number of absences and was only concerned if there are any >90 days absences. I would love to contribute back to this forum if I can help answer any questions. So feel free to ask.

Thanks
isidds

Hi Isidds,

Congrats on your success.
Could you inform, if you used a solicitor. Also when were your absences, in last year of applying or spread over the years? I have ILR due in next month. Is there any criteria, if in one year one can not be out for a specific period.

I appreciate your reply.

[malepiscean]

After 5 mins she asked me for the absences spread sheet and I handed it over. She went through it cross checking my two passports (expired and new) for entry stamps and verified that I did not have any 90 days absence at one stretch and looked content.

Hi isidds - congrats! My question is around your absences:

1) When you say "she went through it cross checking..." Did she actually reconcile stamps on passports with your spreadsheet?

2) Were all the stamps legible/readable on your passport?

3) Did she cross check every single trip or a only a few?

The reason why I ask is because I have 300 absences (193 business trips and 107 paid vacations) but my total number of trips is large so a lot of stamps overlap and are not readable. But I'm 99% sure about my total absences based on e-tickets and stamps (where readable) combined.

Hope the questions are clear, please let me know. Any other thoughts/suggestions are most welcome.

[isidds]

Bobbylondon,

Thanks. I did not use a solicitor as my case was not that complicated. And my absences were spread all through five years. I don't think there is any such criteria. If you have reasonable and explainable absences then you are fine.

malepiscean,

Thanks.
1. Yes, she did that. The reason was, I had 69 days of absences at a stretch in 2010 and I split that in two as half of it was paid leave (covering my one month notice period and redundancy pay) and half unpaid. But I forgot to mention that as a note on the spreadsheet. And just used the last date of paid holidays as 'Date returned to UK' and this caused a bit of alarm. Though I explained it to her she wanted to double check if all other entries I had in my spreadsheet are as I claimed to be, so she cross checked with the stamps in my passports.
2. Yes, I had only 8 stamps in total to be precise. So, they were all readable.
3. She cross checked every single entry in the 'Date returned to UK' column. I did not have entry stamp for when I came back from Dublin in 2008 but she understood it won't be there, so it was fine.

I don't think you should have any problem. Just list your absences and then the proofs (employer letter for business trips and paid vacation) and let the caseworker do the daunting task of verifying in passport, if they wished to. But don't miss out on any entries yourself as that might, if noticed, cause ruckoos. You know what I mean.

TBH, absences upto 350 days are normally disregarded (atleast from what I have been reading on this forum where many have been approved). Only thing is a 90 days at a stretch.

[Bobbylondon]

Bobbylondon,

Thanks. I did not use a solicitor as my case was not that complicated. And my absences were spread all through five years. I don't think there is any such criteria. If you have reasonable and explainable absences then you are fine.

malepiscean,

Thanks.
1. Yes, she did that. The reason was, I had 69 days of absences at a stretch in 2010 and I split that in two as half of it was paid leave (covering my one month notice period and redundancy pay) and half unpaid. But I forgot to mention that as a note on the spreadsheet. And just used the last date of paid holidays as 'Date returned to UK' and this caused a bit of alarm. Though I explained it to her she wanted to double check if all other entries I had in my spreadsheet are as I claimed to be, so she cross checked with the stamps in my passports.
2. Yes, I had only 8 stamps in total to be precise. So, they were all readable.
3. She cross checked every single entry in the 'Date returned to UK' column. I did not have entry stamp for when I came back from Dublin in 2008 but she understood it won't be there, so it was fine.

I don't think you should have any problem. Just list your absences and then the proofs (employer letter for business trips and paid vacation) and let the caseworker do the daunting task of verifying in passport, if they wished to. But don't miss out on any entries yourself as that might, if noticed, cause ruckoos. You know what I mean.

TBH, absences upto 350 days are normally disregarded (atleast from what I have been reading on this forum where many have been approved). Only thing is a 90 days at a stretch.

Hi Isidds,

Thanks for your reply.
I had registered for IRIS, where UKBA DO not stamp the passport, but after Retina scan, you can enter. I used it 3 times. Do you think they'll have the record of it.
Also is it must to provide the address proof. I think during ILR, they corelate the address on LUK certificate & verify with Council Tax, Utility Bill? Do you have some idea. Thanks in advance

Bobby

[isidds]

Bobbylondon,

As I understand, it is the responsibility of the applicant to list all absences from UK for the ILR qualifying period whether you have stamp for them or not. As for IRIS, I think if you mention that as a note on the spreadsheet it should be fine. If they want they can definitely enquire about this and they would know when you had these IRIS based entries in UK.

I am not aware of any such requirement of address proof. Unless you have a spouse applying with you and you have to show cohabitation. Senior members can advise further.

[richard2013]

Dear Isidds

I am in exactly the same situation as you. I got HSMP prior to 7 November 2006. I now want my partner to get Dependant status off the back of my ILR. Can you tell me what is the form you used for your application. Was it the Set (O) form or was it the TIER 1, 2 OR 5
PBS DEPENDANT form?

Any other guidance geratly appreciated.

R