Excess absences

[cheerful2011]

HEllo,....due to apply in person on the 14 Nov 2011. I was on foreign assignment for 179 days straight and had been out of of UK for 82 days total in 5 years holiday with pay(max 30 days out holiday). I got employment letter,payslips,bankstatements covering the period i was on assignment. Also, I have a copy of my assignment offer but it was not original ( Do i need to include them?) MY dependant stay in the UK while I was on assignment, the only proof is the stamp on passport and the bank statement showing direct debit from virgin media. It is really stressful to prepare especially when the case is complicated. I hope you guys receive a positive feedback from UKBA.

[jami]

If dependents was in UK than it means you had a family home during absence. Gather further evidence. What dependent was doing in that period?

[cheerful2011]

[quote="jami"]If dependents was in UK than it means you had a family home during absence. Gather further evidence. What dependent was doing in that period?[/quote

Thank you jami for a very quick reply:

Dependant was working but the company has closed last year. The only proof is stamp on passport. Trying to contact previous landlord because only stay on a house share but got personal telephone,broadband and television by virgin media, so direct debit is also shown on the bankstatements.

[alok_singh]

What about taking 2nd extension before you have applied for ILR

[cheerful2011]

hello guys.
hope you are all fine now.
my ilr was granted. i thank you all for contributing to this forum.

i bring along everything i can bring to support my application

These were the first two documents asked

12 months payslips
12months bank statements showing the salary

Life in the UK Test Letter

all p60s
joint accounts 24 months for cohabitation
council tax

employer's letter

I think you need to have your income above the required one.
That is one of the keys maybe.

Good luck guys.

[Calos]

Hi, Congratulations! Did the case worker ask about the long absense from UK? What the explanation wrote on your employer reference letter? Thanks for sharing.

[farah]

Hi Cheerful2011

In your post of 3 Nov you had sought advice about your "foreign assignment for 179 days straight" and in your success story of 16 Nov there is no mention whatsoever of absencces issue.

Even if this was no issue at PEO you should have mentioned that.

[cheerful2011]

Hello guys, I just gave all my documents...with prrof of income at the top most. I had nearly 100k income shown. I had employer's letter as well. No further questions asked. I was thinking it could be the income that cover up the absence.

Also, I already had extended another 6 months to cover those days. Instead of May, I applied November which the case may have been used for consideration.

I wasn't really sure where the discretion of the caseworker was based...No questions asked.

I had three friends with similar case, both were refused but considered to reapply after six months.

[Calos]

Hi, do you mind if I ask your overall income exceeded 100k? I am not if they will make decision based on the contributions to the tax.

[jami]

Dates of your absence of 179 days ?

[alok_singh]

hello guys.
hope you are all fine now.
my ilr was granted. i thank you all for contributing to this forum.

i bring along everything i can bring to support my application

These were the first two documents asked

12 months payslips
12months bank statements showing the salary

Life in the UK Test Letter

all p60s
joint accounts 24 months for cohabitation
council tax

employer's letter

I think you need to have your income above the required one.
That is one of the keys maybe.

Good luck guys.

Congratulations, I think your case was very strong and you have already covered up for your absence .

I question though in your form when showing your 5 yrs of residency
did you shifted your first date of entry or you simple showed 5.5 yr from the first time till the end

[cheerful2011]

@ calos 100k gross
@jami 179
@alok 5.5 years total...just applied Nov 2011 instead of May 2011.

Also, my dependant stayed here while I was away and my direct debit continued for the bills while I was away. During the time I was away all income paid here in my bank and I didn't withdraw any amount abroad, the only debit amount is for the bills direct debit which is spent in the UK. Maybe this was another consideration that I have shown I continued to be based here.

You may refer to Angela's case as well. I am not very sure about where the discretion of caseworker...No questions asked after I gave all documents. he just scan all my documents and check to his computer. then i was asked to wait. I hope you all will be granted as well.

I knew another friend was rejected again...however, his dependant he includes with his application while dependant was out of country...so, maybe it made his case more complicated.

[alok_singh]

@ calos 100k gross
@jami 179
@alok 5.5 years total...just applied Nov 2011 instead of May 2011.

Also, my dependant stayed here while I was away and my direct debit continued for the bills while I was away. During the time I was away all income paid here in my bank and I didn't withdraw any amount abroad, the only debit amount is for the bills direct debit which is spent in the UK. Maybe this was another consideration that I have shown I continued to be based here.

You may refer to Angela's case as well. I am not very sure about where the discretion of caseworker...No questions asked after I gave all documents. he just scan all my documents and check to his computer. then i was asked to wait. I hope you all will be granted as well.

I knew another friend was rejected again...however, his dependant he includes with his application while dependant was out of country...so, maybe it made his case more complicated.

@cheerful2011 : Thanks for you reply , did you also own a property in UK , Is it advisable to provide the property document while applying for PR

[geriatrix]

If I may ask:
1. On the day of your settlement application, did this single absence of 179 days fall out of the "5 year" qualifying residential period?
2. Did the "employer letter", that you presented, explain the reason(s) as to why this long absence was necessary and justified from employer's perspective?

[cheerful2011]

Hello Sushdmehta.

1. 179 days: fly out of UK 3 March arrive back to UK 3 June 6am for Working Visa renewal PEO appoinment 11 am, after visa approve fly out of UK again 3 June night and back to UK 30 September...this is all within the five years qualifying. I considered this straight because sameday flight.

2. Employer letter:
Explains that for serving client's needs and build global reputation...it is necessary that I will be sent to site on regular basis.I was required to represent the company because of my role and capabilities.

[geriatrix]

1. 179 days: fly out of UK 3 March arrive back to UK 3 June 6am for Working Visa renewal PEO appoinment 11 am, after visa approve fly out of UK again 3 June night and back to UK 30 September...this is all within the five years qualifying. I considered this straight because sameday flight.

You never had a 179 days "single" absence, because you were in the UK on 03-June (albeit for a few hours - but you were "in UK").

You had two absences:
04-Mar to 02-Jun = 91 days
04-Jun to 29-Sep = 118 days

Also, the dates given seem to be off by a month - because 03-March to 30-Sep = approx. 210 days not 179 (difference = approx. 30 days or a month?). And, if the dates / months stated are not accurate, , 91 and 118 may well fall below 90 days!

Please double-check and clarify.

The letter explains why discretion was in your favour - if any of the "two" absences, as calculated above, were more than 90 days. If the two absences were indeed less than 90 days, there was no discretion needed anyways!

[cheerful2011]

Hi Sushdmeta,

I checked my draft application form, it was 30 Aug instead of September...and checked my passport stamps as well..Sorry get messed up with the dates...all I remember was 179 days.

Thank you.

[jami]

What a remarkable finding of fact by the remarkable moderator!

[geriatrix]

Hi Sushdmeta,

I checked my draft application form, it was 30 Aug instead of September...and checked my passport stamps as well..Sorry get messed up with the dates...all I remember was 179 days.

Thank you.

As explained in my previous response, it cannot be considered as a "single" absence, but two periods of absences, one of which was 91 days and the other 87 days (according to the new dates confirmed by you).

Since the single "91 days absence" tips the limit by just only 1 day, and you had the well drafted letter from the employer to justify the absence - explains why your application was granted without any questions asked!

[geriatrix]

What a remarkable finding of fact by the remarkable moderator!

What intrigued me was that the OP posted that his 179 days single absence was never brought up by the caseworker as a "probable issue".

Six months out, and caseworker doesn't even raise an eyebrow or brings it up with the applicant! Was a bit hard to digest (for me at least)!