SET (LR) with absences exceeding by 9 days.

d3thmark · Post by **d3thmark** » Mon Aug 10, 2015 3:40 am

Hey all Gurus

i need your help please! i need to know about the ILR absences
I have got appointment on 13th August @ Sheffield

I have got 549 absences out of 540, 9 more absences, what should i do tell me ? i am stressing out.. plz help me asap

Thanks
hassan

Post by **geriatrix** » Mon Aug 10, 2015 11:23 am

Should we assume your immigration category and answer the query accordingly?
Which immigration category allows 540 absences?

nasirkhan · Post by **nasirkhan** » Mon Aug 10, 2015 11:54 am

sushdmehta wrote:Should we assume your immigration category and answer the query accordingly?
Which immigration category allows 540 absences?

Connecting the dots I would think that he is applying under ILR (LR) and has spent 9 days over and above the 18 months (540 days) absence limit.

Post by **geriatrix** » Mon Aug 10, 2015 3:21 pm

The point being .. why should one need to connect the dots? Why doesn't / shouldn't the initial query include the mandatory immigration information.

d3thmark · Post by **d3thmark** » Mon Aug 10, 2015 5:13 pm

Yea i am varying my applicaiton from flr fp to Set Lr . I am over 540 absence.. mine is 549.. what should i do now ?,

d3thmark · Post by **d3thmark** » Mon Aug 10, 2015 5:15 pm

nasirkhan wrote:
sushdmehta wrote:Should we assume your immigration category and answer the query accordingly?
Which immigration category allows 540 absences?
Connecting the dots I would think that he is applying under ILR (LR) and has spent 9 days over and above the 18 months (540 days) absence limit.

You are absolutely right.. how can i cover those up and do I have to be honest with the dates as i dont hav my passport with me and most of the dates are correct but some are approximate.

d3thmark · Post by **d3thmark** » Tue Aug 11, 2015 2:11 am

Hey all gurus
I have got Peo at Sheffield on 13 Aug, i am going to vary my application from FlR fp to Set LR.
Here is my Time line..
Enter Uk 10 Sep 2005 as a student
2 Student visa extensions + Psw + Student Visa which expired on 28th March 2015. in order to be eligible in 5 months for ILR. I applied Flr fp on 25th March to buy some time. I got the refusal on 15th June after 3.5 months with no appeal right. So i applied Flr fp again (2nd time) as fresh application under 28 days on 24th June.
Now i am applying for Set LR at Peo Sheffield 13 Aug same day i will be eligible for it as well.
i am filling out the Set LR from, just need help with these questions plz.. what should i answer..

D1. What is your current immigration status in the United Kingdom?

D4. When does your current leave expire?

D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made?
(Yes) go to D6 (No) or not expired go to D7

D6.Tick to confirm you are submitting evidence of exceptional circumstances which prevented you from submitting your application within 28 days of overstaying?

D7. Have you ever stayed in the United Kingdom beyond the end of your period of leave?
(Yes) provide details below: (No)

D1: Status?
D4: Student Visa which expire on 28 March or Flr fp rejection 15 July (Section 3C)
D5: i am varying from second Flr fp to Set LR and i applied Flr fp under the 28 days time. what should i answer?
D6: and D:7 ????

please help me out my appointment is on 13th August...

Thanks
hassan

riz1986 · Post by **riz1986** » Tue Aug 11, 2015 8:54 am

hv u consulted a solicitor ?? do it asap u need professional advices immediately or u will lose £1900.

Post by **geriatrix** » Tue Aug 11, 2015 9:13 am

Topics merged.

d3thmark · Post by **d3thmark** » Tue Aug 11, 2015 6:02 pm

Hey all mods please delete the ilr absence topic and activate the recent topic of ilr form help..

Post by **geriatrix** » Tue Aug 11, 2015 7:40 pm

IMHO,
D1. Overstayer.
D4. 15-Jun/Jul (you wrote Jun at once place, Jul at another).
D5. Yes. Your leave expired when the in-time application was refused or 14 days later if there was a right to appeal / admin. review.
D6. There are no exceptional circumstances. Making FLR(FP) applications to get to within 28 days of 10th anniversary cannot be considered that.
D7. Yes.

I stand to be corrected but I believe that 276B(v) doesn't make period of overstay legal, but provides for certain periods of overstay (as prescribed) to be ignored when evaluating eligibility for settlement under LR.

d3thmark · Post by **d3thmark** » Tue Aug 11, 2015 9:13 pm

sushdmehta wrote:IMHO,
D1. Overstayer.
D4. 15-Jun/Jul (you wrote Jun at once place, Jul at another).
D5. Yes. Your leave expired when the in-time application was refused or 14 days later if there was a right to appeal / admin. review.
D6. There are no exceptional circumstances. Making FLR(FP) applications to get to within 28 days of 10th anniversary cannot be considered that.
D7. Yes.

I stand to be corrected but I believe that 276B(v) doesn't make period of overstay legal, but provides for certain periods of overstay (as prescribed) to be ignored when evaluating eligibility for settlement under LR.

I am answering like this is tht ok?
D1. i don't have current stay now, so i am applying as an overstayer
D4. 15 June 2015
D5. No because the date of your application will be counted from the date i made the 2nd FLR FP (24 july) which was under 28days. If i answer No i have to fill D7.
D6. does not apply to me
D7. Yes because the second flr fp was made as an overstayer

What do all the experts think about the above answers. Sushdmehta, Vinny, obie, amber, zee and etc?
I promise to update you guys as soon as i finish my peo at Sheffield on 13th August.

Thanks
Hassan

Post by **geriatrix** » Thu Aug 13, 2015 7:15 pm

d3thmark wrote:I have got Peo at Sheffield on 13 Aug, i am going to vary my application from FlR fp to Set LR.

So, what was the outcome today?

d3thmark · Post by **d3thmark** » Thu Aug 13, 2015 10:59 pm

Well as i didnt had my passport with me they cant make a decision so i will the outcome in a week..

d3thmark · Post by **d3thmark** » Sat Sep 05, 2015 1:01 pm

By the grace of All mighty ALLAH i have been granted with ILR on 4th Sep 2015. I varied my FLR FP to SET LR.
Thanks everyone for the help

Post by **geriatrix** » Sat Sep 05, 2015 1:02 pm

Congrats!

afzal patel · Post by **afzal patel** » Wed Jan 27, 2016 12:58 pm

d3thmark wrote:By the grace of All mighty ALLAH i have been granted with ILR on 4th Sep 2015. I varied my FLR FP to SET LR.
Thanks everyone for the help

Hi Hassan

I have very similar case as you had and congrats that you got the ILR.

I need to speak to you if you can help me. can you please advice how can i contact you it's very urgent please.

afzal patel · Post by **afzal patel** » Thu Jan 28, 2016 12:14 pm

Hi Hassan

hope you received my post yesterday regarding i have very much similar situation as you had.

I need to speak to you can you please give me your email address or contact number to discuss need your help brother.... it's urgent please

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