No Time Limit Refused - Passports returned?

[Marvellouz]

Hi, posting on behalf of my brother. Basically he has been in the country for 20 years, and has an "Indefinite Leave to Remain" stamp on his old passport. Couple of years ago, he left the UK and stayed in the Philippines for 2 years and 2 days, not realising there was a 2 years time limit to stay away from UK before his ILR status is jeopardised. Nevertheless he was let in by the immigration officer at the airport.

So now fast forward to 2 years later, his new job requires he has his ILR transferred to his new passport. So he applies for 'NTL' for his new passport. Now because of overstaying in Philippines for 2 days, that application was refused. In the letter I quote:

"The passports you provided in support of this application has been retained by the Home Office pending further investigation and review of the most appropriate course of action regarding your immigration status in the united kingdom" There is no right of appeal against this decision"

He then receives his passports with nothing on his immigration status but simply:

"Please find enclosed your passports which were submitted with your No Time Limit application which was refused 7 October 2013".


Now I understand that he overstayed 2 days in the Philippines which perhaps on technicality would remove his ILR, and that is the basis for the refusal of the NTL. However is it possible to appeal that? He's 28 years old, been here 20 years, went to school, college, worked here, his family is here and now has a child here. What would the advice be for him on how to proceed from here?

Thanks.

[chaoclive]

I'm not sure that he can appeal against this. The rules say: 2 years. He stayed away more than 2 years. His ILR should be lost.

[rosebead]

Your brother could possibly be admitted as a returning resident under Rule 19 of the Immigration Rules if he had lived in the UK for most of his life:

http://www.newzimbabwe.com/pages/immigr ... 13686.html

[Obie]

See Section 3 and Appendix K and L. The best course of action was for him to have applied for a returning residence visa, or advise the Immigration officer that he was intending on doing so. After entry he could then have applied for ILR as a returning residence, provided he meets all the conditions.