ILR Requiremenets

[aspirant09]

Hi Friends,

I entered UK in Dec 2006 and wish to apply for ILR in Nov 2011.
Could someone suggest the documents I would need in order to support my application.
Thanks

[geriatrix]

I entered UK in Dec 2006 and visit to apply for ILR in Nov 2011.

What do you mean when you say ".. and visit to apply for ILR in Nov. '11"?


And your current immigration status is ......

[aspirant09]

Correction made.
I am currently on Tier1 , switched it from WP.
Thanks.

[geriatrix]

See FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

[aspirant09]

Thanks sushdmehta, That is quite useful.
I will read those in detail and come back for questions if I have any.
Thanks again.

[geriatrix]

I am due for ILR next month and have made several trips to India in the past five years of my stay. These trips were for personal reasons and I was paid for all these five years whether I was in India or UK.
The total days that I spent outside the UK amount to approx 200. As far as I am aware these days are not counted as "absence" while calculating the continous five year period.

I have used my annual leaves for most of these absenses but on a couple of occasions a "compassionate" leave was granted by my employer.
My question is "Do I need an employer letter" for these absences? OR the fact that I was paid normally in GBP while I was abroad is sufficent to prove my continous stay?
Thanks,

[geriatrix]

Do I need an employer letter for these absences?

Yes.

There is a difference between "certain absences being disregarded" and "certain absences not counted / are exempt". There is nothing in the IDI to suggest the latter.

[aspirant09]

Interesting.
It says "holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the UK), may be disregarded, provided the applicant has clearly continued to be based here....."

So you are right in saying that it doesn't mention about "leaves on top of annual leaves" but what if I ask the following:

a) Most of my leaves are in line with the annual paid leaves - Do I need a Letter for this anyway?

b) The leaves which are "beyond" the annual paid leaves like "compassionate leaves" may need letter. Agreed.

c) Since I reach over 180 days only if I combine a) and b) , Do I need a letter at all? i.e. if I dont need a letter for a) then b) alone is just 40 days or so.

Thanks.

[geriatrix]

Without your employer certifying the actual dates of your "annual paid leaves", how do you expect the caseworker to believe or corroborate that your absences from the UK on such dates corresponded with "annual paid leaves" authorised by the employer?

Just by writing "annual leave" on the form, and assuming that the caseworker will believe so? In that case, even business-related absences shouldn't be certified by employer. Just writing "business trip" on the form should suffice! Following your premise, such letters from employer become completely meaningless and therefore irrelevant to the application.

Like I said, you need to appreciate the difference between "to disregard" and "be exempt".

[aspirant09]

ok thanks. I always thought your employement letter or contract would state your annual leave entitlement which would cover for a) so you donot need another explicit letter from the employer for these absences?
Is it different to what you are suggesting?
If yes then I dont need to bother about b) as it doesn't amount to more than 45 days or so.
If I do need the explict letter from employer(s) then most of these "annual" leaves were from employers in the past which means I would have to ask them for letter?

I appreciate what you are trying to suggest but want to understand the requirements in totality just in case I need to defend my case to caseworker.
Tx

[aspirant09]

Another question out of this is : What if the total absense from UK have been less than 180 days. Do I still need letters from employers stating that the trips were paid hoildays/business trips OR they need the letter ONLY if the number of days outside UK are more than 180?
Thanks.

[aspirant09]

Any ideas please?

[geriatrix]

If you wish your absences to be either counted as "absences corresponding to annual leaves / paid authorised leaves" or "absences on account of work-related assignments" and be disregarded by the caseworker in accordance with the prescribed policy, then you must provide a letter from the respective employers certifying any such absences / leaves during the time you were employed with them.

If you cannot / will not, then the absences (for whatever reason) will be considered as "absences for personal reasons" and none of such absences will be disregarded.


Period!

[aspirant09]

thanks susdmehta.
So in the case of these absences not being considred as "disregarded" do I need any letter from employer?
My absence days may be just under 180 ( now that i have tried to recalculate them in detail) and was wondering if I need any letter from employer?

[aspirant09]

Trying again !
My Absenses are less than 180 days in total, do I need a letter from my employer justifying these absenses OR is it only required in cases where absense are more than 180 days ( or 90 at a strech).
Please reply.Thanks

[aspirant09]

can someone confirm please.
Thanks

[alok_singh]

can someone confirm please.
Thanks

how are you counting number of day, After you including the days of travel or excluding them.

[innocentdevil]

if your holidays in 5 Years stay is less than 180 and you have been paid while away then you will be OK.

As for compassionate leave, most employers are decent enough to pay, you may think of getting a letter stating that but in my thinking if you are under 180 days total, you should be fine.

[aspirant09]

@alok_singh, Excluding days of travel.
@innocentdevil, Most of my holidays were paid but we had this weird policy in one case where company paid half the salary for the month I was away, so not quite sure if that would be considered as paid or unpaid.
I do agree that a employee letter for compassionate leave should help.
thanks

[alok_singh]

@alok_singh, Excluding days of travel.
@innocentdevil, Most of my holidays were paid but we had this weird policy in one case where company paid half the salary for the month I was away, so not quite sure if that would be considered as paid or unpaid.
I do agree that a employee letter for compassionate leave should help.
thanks

If you get the remaining half in the next month you can justfy this in covering letter OR were you paid in that country in local currency during the perioid of travel

[aspirant09]

I was paid only half my allowance for the month and nothing for that month was paid in subsequent months.

[alok_singh]

you can count the days for which you have not been paid as "absence due to personal reason"

[aspirant09]

Thanks alok_singh.
Another doubt is regarding the time when I apply, if I apply AFTER my five years are complete. do I need to worry about visits out of country AFTER my qualification period?
i.e. I qualify for ILR in Nov 2011 ( five years since 2006) should I be counting absence only between 2006 and Nov 2011 and any absence after Nov 2011 should not matter?

[aspirant09]

Hi,
An ILR application applied AFTER you complete your five years counts absenses during the "Qualification period" OR absense made in the "Past five years before application"?

[aspirant09]

I have been told to post my other query here by the moderators.
Hopefully I would get an answer this time.

"I have just got my Bank Statements for the past 1 year from HSBC.I was given them on HSBC stationary but my address or other details do not appear on it. Also it says "duplicate statement" and isn't stamped or signed.
I was wondering if that would be ok to accompany the ILR application.
thanks"