Refused ILR

[katrina]

hi all

I am asking on behalf of my friend my friend Ilr is refused on basis of absences from uk for 25 days . Is he eligible to apply next year or
he has to again start from 5 years (as he broke the law of 180 days.)

Thank You.

[dnicky]

Do you mean your friend have had absences of 25 days only, or are you saying he/she have had 25 days excess absence on top of the allowed number in the last 5 years?

On what basis did your friend apply for ILR?

[katrina]

Hi

Yes on workermit basis . please someone answer this can he apply next year or he has to start again.

[geriatrix]

AFAIK, the application can be made again whenever it can be proved that the person has not spent more number of days outside UK than what is allowed, in the 5 years preceding the application.

regards

[katrina]

Thankyou

But he called Ho they said refused application on wp has to be start over again .

[try-one]

Katrina,
you would get better help if you provide all the details of the case.
Some things to consider:
-Was the person under the same WP when he stayed more than 180 days out of the UK?
-Was the trip work related?
-Did he had a home or family in the UK during those 180 days?

If the person had a change on the wp during those 180 days or if he left for personal reasons or without salary/home in the uk, then the caseworker would be safe to assume a break on the residency requirements and could consider the ILR clock to be reset....in that case the new clock would start from the day he returned.
In any case, more info would help us give you feedback.

[katrina]

Thank You all for replying.

TRY-ONE

The absences was execess by 25 days . he was on sameworkpermit all 5 years . yes he travel for personal reason but was consistent with his paid leave .even 25 days absence was due to medical reasons . eg 1 week paid 1week unpaid 2 weeks paid 2 weeks unpaid .

[katrina]

hi

please have a look at this rule also of annex f

4. ACTION WHEN ALL REQUIREMENTS EXCEPT CONTINUITY
OF RESIDENCE HAVE BEEN MET
Where a person has spent less than half his time in the United Kingdom he should be refused indefinite leave
to remain and not granted a further extension of stay.
Where an application for settlement is to be refused only because of lack of continuity of residence but is likely
to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as
before with a letter indicating that the case for settlement will be reviewed upon application at the end of the
further period.