Total Time Outside UK - 10 yrs Long Residence Application

[raniwza]

Hi

I have been careful enough not to exceed 3 months everytime I went back to Malaysia or on holidays during my 10 years stay. However, I am not sure if I will exceed that 18 months in total on absences outside the UK during these 10 years. Please can anyone advise if I will still get the permanent residence status if the total of my absences exceed the 18 months period?

I first entered in the UK for my A-Levels exactly on the 8th September 1997. Then, I did a sandwich business course degree, an economic master's degree and ACCA in which I hope to fully qualifies as an accountant this August/September given there is no resits. Is the 11th August is the right date to book a one day processing appointment in Liverpool (premium service) provided that I can apply 28 days before the 10 years eligibility date? If there is no problem, will I get the the permanent residence status right there and then on the 11th August?

The recruitment agencies I have registered with will not place me on a permanent contract until I get my permanent residence stamp. Will I be able to use the stamp and will I get it right away on the 11th August?

I am lucky enough to be able to land on a few temporary full time contracts (during term breaks/college or uni holidays) and have been on part time positions when the compan(ies) needed me when I was not at college. My results will come out at the end of August therefore I am having 3 months term break and I am on a temporary job until September 2007. I have no idea if I have exceed the 20 hrs a week work (never kept track!) on my current or previous student visas but I have maintained full time attendance at college/university (97%-100%). Never worked if I had classes to attend. I did take weeks off work for the exams.

How does the Home Office check how much time I spent at work when my wages fluctuate so much? Dependant on tasks and qualifications I have - will this/all of the information will be reflected from my National Insurance Contribution number I managed to get from my one year student workplacement as part from my first bachelor degree (2001-2002)? Shall I disclose my NIC number or not? How far back they can check on my employment record?

Please reply asap

Thanks
raniwza

[jes2jes]

Please can anyone advise if I will still get the permanent residence status if the total of my absences exceed the 18 months period

?

If you think you have exceeded the time limit, then please apply by post and this would be at the discretion of the Case Worker.

If they need more time, they would tell you to go and they would contact you later with their response.

The total absence for a trip under the 10-year rule is not 3 months but rather 6 months but the overall absence I think is the 180 days.

Shall I disclose my NIC number or not? How far back they can check on my employment record?

If the new style FLR(O) asked you to state your NI number then you are under obligation to do so and you don't have to lie. I don't think you have anything to worry about. Why not apply by post if you have all these doubts?

[John]

I am not sure if I will exceed that 18 months in total on absences outside the UK during these 10 years.

Why not? Why don't you know? You are thinking of applying next month and you have not worked out that important detail?

All your renewal visas over the nearly 10-year period issued in the UK? Or did any visas expire while you were abroad and then fresh application made overseas to enable you to return?

[raniwza]

Hi John

I know you have been a BIG help in previous enquiries a while ago. Yes, I am reaching the 10 years long residence now.

No, all visas renewed in the UK and I had take precautions in the past not to be outside the UK without active visa.

I have filled in the form but I haven't calculated the total time of absences. Is it still 18 months, John? or 180 days (6 months) according to jes2jes?I went back to Malaysia for summer holidays for about (just about 3 months exactly!) for first 2 or 3 years because I was at boarding school and I had nowhere to stay. I took a couple of weeks for easter breaks, xmas holidays and small short city European/Middle East breaks? Am I safe to apply?

Thanks
raniwza

[jes2jes]

Sorry mate my mistake. You are not allowed to be out more than 180 days on a particular trip. If you use up the 6 months for one absence you would have to explain why and if you had any ties to the UK.

I will advise you to go on the BIA website. The IDI for Long Residency has been published now and you should read it. All your answers are there.

[raniwza]

Thanks jes2jes

I have checked my passport(s) and thankfully, I have only been out from the country about 14 months in total - based on that 18 months of total time absent I will qualify. Please can anyone confirm that it is true it is 18 months of overall outside visits allowed to gain that 10 years long residence pr status?

Many Thanks
raniwza

[jes2jes]

Thanks jes2jes

I have checked my passport(s) and thankfully, I have only been out from the country about 14 months in total - based on that 18 months of total time absent I will qualify. Please can anyone confirm that it is true it is 18 months of overall outside visits allowed to gain that 10 years long residence pr status?

Many Thanks
raniwza

I think you are trying to be a bit lazy in reading the IDI on LR so I have taken the trouble to paste the link for you since I cannot attach the document on this forum.

See this link:

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

To answer your questions:

- Time spent outside the UK should not exceed 6 months per each vacation and the total time should not exceed 18 months as per the policy document. I want to refer you to Section 2.13 of the above document.

Hope you are fine now with this and I will advise you to download this and read it thoroughly.

All the best mate!

[raniwza]

Thanks jes2jes

I don't know what BIA and IDI were - but thanks for the link!

[raniwza]

Hi jes2jes

I have another concern; I know the link/files that you have given me did say that appeal process is a lawful residence.

So here's what happened in my case; I have been on a dependant visa on my husband who was a student from 31 October 2003 to 30 September 2004. Although I was a full time student myself doing my master at the time. Dissappointingly, my husband could not extend his student visa (it has been refused) when our visas expired on the 30 September 2004. So we went under an appeal process in which the home office was well aware of ( I still have the correspondences letters ). After so many months, we have not heard from them. So I rang them and they could not find our documents which was a bit shocking. But later on we rang again, and we were informed that the appeal process was still pending.

Hence, I took the drastic action of filing a new application where I will be holding the student visa holder (since I was a full time student anyway at the time and have progressed throughout the years I stayed in the UK). Hence, I included a letter asking to swap places. Finally we got the stamp visas 3 weeks later where I was on student visa and my husband as a dependant (switched places). However, the issue date (new system) on the stamp is 16 June 2007 (meaning if you look into the passports properly, it appears to be a 9 months gap because of that pending process). Will this affect my pr application next month?

Expiry date for this new visa was 31st August 2006 and now this has been renewed to 31st October 2007 (clearance) for my ACCA. Can I still apply for the permanent residence status even though my current visa will expire in October? I will reach my 10 years stay on the 8th September but I was informed I can apply 28 days earlier ie. 11th August 2007 (next month).

Please reply ASAP

Many thanks
raniwza

[John]

I think it might be useful to get a copy of the information that is held about you, before you make your 10-year application. Have a look at this topic about how to make a Subject Access request.

Getting hold of that information will hopefully give confirmation that you will indeed have been "legal" throughout your stay in the UK.

[raniwza]

Thanks John I really appreciate this - I have printed out the document and include it with my other compiled letters from colleges and universities and others tracking down my reasons of stay during the whole 10 years in the UK.

I rang the Home Office and they advised me to bring all of the correspondences letters in regards to the appeal and all of documents that could help the case worker to make his decision.

I am applying personally at the Liverpool Home Office next month - Wish me luck!

Hopeful,
raniwza X

[jes2jes]

Thanks John I really appreciate this - I have printed out the document and include it with my other compiled letters from colleges and universities and others tracking down my reasons of stay during the whole 10 years in the UK.

I rang the Home Office and they advised me to bring all of the correspondences letters in regards to the appeal and all of documents that could help the case worker to make his decision.

I am applying personally at the Liverpool Home Office next month - Wish me luck!

Hopeful,
raniwza X

I think you misunderstood John's response. You are supposed to make a SAR from the BIA. They would send your file within 40 days. In those records, you would know if your clock stopped anywhere during the process. If you go to the PEO and you are denied, you will loose the fees and would have to go back to basics by making a SAB request.

Don't be in a rush, make the SAB request now and wait and see what the IND have on you then you can confidently make an application under the 10-year rule without a risk of loosing the fees and any associated cost and any unnecessary headaches too.


Your call dear friend.

[raniwza]

Hi John/Jes2jes

Please can you post the address for SAB and details of what I should include in the letter/ Any payment? What I need to do?

I really don't know what BIA is?

raniwza

[John]

Why don't you just read the topic in the link I provided in my posting above on Fri Jul 13, 2007 at 9:16 am !

If you do that you will see that the information you now seek is posted there.

[raniwza]

Thanks for the respond (Goodness me! I missed the link-didn't see it!) THANKS!

[raniwza]

Hi again!

I have sent my SAB requests 6 days ago and rang the Liverpool Home Office which I got positive reply on that 9 months gap (I am meant to bring all of the appeal paperwork)

But I am also trying to get a place for the Immigration Advisory Services drop in to get a representative for the long residence application. I missed the first one I went to yesterday because they will only see 10 people yesterday and I m going to try early on Monday. Will a representative from IAS strengthen my case? They were recommended by the Home Office when we went for our appeal 2 years ago. (it is a free solicitor service).

Will I be alright? After all we never went out of UK during that 9 months gap and we were informed at the time it was considered as legal stay and I could stay under previous visa (spouse visa) rules at the time. This is until I decided to switch to student because of long waiting time from the Home Office and since i was graduating for my masters anyway and registering for ACCA course full time.

I am still aiming to book an appointment on the 13th August - I don't really want the Home Office to lose my essential papers especially all of my original academic certificates and colleges and universities letters I obtained to confirm full time attendances.

Hopeful
raniwza

[raniwza]

Hi John

I went to the one day processing yesterday and I was refused from proceeding further to get the permanent residence status.

The caseworker decided that because there are gaps between those 10 years (short holidays etc), even though it meets the 18 months or less requirement, I have to send the application through post. He looked a bit in a hurry and could not care less to look at the documents properly. I was utterly disappointed. He sounded a bit rude too.

I have all of the paperwork prepared fro the BIG day for me yesterday (ALL evidences are prepared). I obtained letters confirming my attendences, from colleges, universities and boarding school. Even letters from employers to confirm that I am in line with Home Office previous visas, not to mention the degree certificates (prove of prgresses) and support letters with strong bank statements and payslips of my husband's and mine (on temporary work). This on top, reference letters from British and permanent resident families I used to live (character references). I have my auties and uncles in London as referees too.

I have posted the application yesterday but I am not happy with the possibility that i may get this sorted out after 4 weeks. I have an arrangement that I need to attend in September/October. Please can you advise if I can ask for lawyers' involvement to speed up the process? Can I add more fees to speed this up?

Very very disappointed,
raniwza

[SYH]

Hi John

I went to the one day processing yesterday and I was refused from proceeding further to get the permanent residence status.

The caseworker decided that because there are gaps between those 10 years (short holidays etc), even though it meets the 18 months or less requirement, I have to send the application through post. He looked a bit in a hurry and could not care less to look at the documents properly. I was utterly disappointed. He sounded a bit rude too.

I have all of the paperwork prepared fro the BIG day for me yesterday (ALL evidences are prepared). I obtained letters confirming my attendences, from colleges, universities and boarding school. Even letters from employers to confirm that I am in line with Home Office previous visas, not to mention the degree certificates (prove of prgresses) and support letters with strong bank statements and payslips of my husband's and mine (on temporary work). This on top, reference letters from British and permanent resident families I used to live (character references). I have my auties and uncles in London as referees too.

I have posted the application yesterday but I am not happy with the possibility that i may get this sorted out after 4 weeks. I have an arrangement that I need to attend in September/October. Please can you advise if I can ask for lawyers' involvement to speed up the process? Can I add more fees to speed this up?

Very very disappointed,
raniwza

Not to be a jerk, but this demonstrates, there is no point in a person going in person with a non straightforward case
As for speeding up the process, it might have helped to have given it to a solicitor first before submitting, he might have had some game plan but I don't believe there is speedy processing for ILR except for in person service, anyone know something else?

[raniwza]

Yes, I rang Home Office 5 times before I went to the PEO (booked an appointment) and I was assured that I would be seen. How untrue this is. But a friend who actually had the same experience said that I was too soft and that I should have asked to see the officer because according to her, it is normal for people at the first counter to be rude to put people off. She had been seen and got her PR status straightaway after showing her documentations.

It appeared to be that the people at the first counter (as I was told) are not the caseworkers - they don't know anything about the immigration rules - I noticed he asked his partner what are total gaps allowed over 10 years. I think they should have some ideas because this is affecting people's lives - especially for hardworking legitimate people like us! Yes, I agree that Home Office should take the 10 years long residence out from the list for that one day processing since this is not actually happening.

My whole trip to Liverpool Office has been a waste of time and money! =(

Very very disappointed,
raniwza

[aboudi]

I am in a similar situation to yourself, see my previous posts. However i am not going to take no for an answer when i go there, i will try to talk my way through it armed with the case worker guidance notes. If you go to the end section of the notes it mentions in bold!!! that anyone who meets the residency requirements of this category should not be refused indefinite leave to remain unless a "Senior case worker is consulted" i will make sure that this happens in case the case worker is "too lazy" to look into my application. Most important thing is to be calm, polite and determined and they wont be able to have an excuse to get rid of you...... good luck with your application.

[avjones]

"that anyone who meets the residency requirements of this category should not be refused indefinite leave to remain unless a "Senior case worker is consulted""

What they will probably say is that to be reviewed by a senior case worker, your app. needs to be done by post.

[William Blake]

What they will probably say is that to be reviewed by a senior case worker, your app. needs to be done by post

Yeah, but why would that be an issue. They could have just taken in the application there and then. Ranizwa are you saying you paid the fees and they then sent you away.

At any rate even if there are breaks or not the guidance also says the decision to grant leave is a matter of judgement ie. the caseworker has discretion - so its strange that you were turned away without seeing a caseworker. [/quote]

[VictoriaS]

Not strange at all.

Caseworkers on the PEO don't have the authority to use their discretion or to refer to paper files. This is why complicated applications should always be made by post.

Victoria