RE-applying for ILR

imur69er · Post by **imur69er** » Tue Dec 08, 2009 10:32 am

first of all congratulations for all those who had a ilr success.
I had applied for ILR in april 2009. I got a descretion from HO and was asked to stay till sept and re apply for ILR as to over come my days off from UK which were more than 90 days (ie 127 continous days out due to my company sending me out of uk for their work).
But I had to go out of UK again for a fact reason that my mother was seriously ill, I have got all the letters from the hospital to prove her sickness. I was out for 73 more days. Since last july, I got back in UK, I have not gone out but been working busy with the same company. Now I am planning to re apply my ILR but thru a solicitor and by post.
What do u reckon? Will the post application would be ok?
What kind of letter shall I ask my employee to make for me to support my application?
Thnaks a lot
Shaz

sherkhan297 · Post by **sherkhan297** » Tue Dec 08, 2009 8:00 pm

Were you paid in the UK or abroad during the 127 days you were away?
If abroad, Did the HO mention anything that you need to be concerned about?

imur69er · Post by **imur69er** » Tue Dec 08, 2009 11:10 pm

hello sherkhan
yes i was paid in UK while i was abroad working for the company.
the home office gave me a discetion to aggregiate in order to cover my days out of uk but with no further absences. but as i told you earlier i had to go out of uk for my mothers sickness reasons.

sherkhan297 · Post by **sherkhan297** » Wed Dec 09, 2009 7:22 pm

Ok, so did they ask you to stay for a further 127-90 = 37 days and then apply? So i take it that you were out for 73 more days and hence your query is whether you need to stay 73+37=110 days before applying, right?

I have been out for 104 continuous days and was wondering if I will be asked to stay and complete my days before applying as I was away working for the company abroad, but was paid abroad as well..so not sure if this will be treated differently than your case. Dont know if you know?

Regarding your situation, I guess this is quite tricky and all depends on the caseworkers discretion, best to go via the solicitor if they feel you are eligible now and the absence of 73 days was on compassionate grounds..(and you have the hospital documents to prove this)

imur69er · Post by **imur69er** » Thu Dec 10, 2009 2:23 am

yes i guess i have to go thru a solicitor with the hospital documents.
but i guess u understood wrong about the days ... they told me to stay uptil september to make up my days out of uk and then re apply with all the same requirements ... with no absences (but i had absences of 73 days after it ... but it was on the grounds of my mothers sickness)

cheers2boss · Post by **cheers2boss** » Thu Dec 10, 2009 10:52 am

Hi Shaz,

Could you please post the details like in 5 years how many days u were out etc so that we will get clear idea and can share our views accordingly.

mrlookforward · Post by **mrlookforward** » Sat Dec 12, 2009 7:11 am

imur69er wrote:yes i guess i have to go thru a solicitor with the hospital documents.
but i guess u understood wrong about the days ... they told me to stay uptil september to make up my days out of uk and then re apply with all the same requirements ... with no absences (but i had absences of 73 days after it ... but it was on the grounds of my mothers sickness)

you werent allowed to have absences and you went out for 73 days, that is a lot of days out. its basically the discretion of casewoker, but you must seek expert legal help to mitigate about circumstances of you absence.

republique · Post by **republique** » Sat Dec 12, 2009 11:16 am

imur69er wrote:first of all congratulations for all those who had a ilr success.
I had applied for ILR in april 2009. I got a descretion from HO and was asked to stay till sept and re apply for ILR as to over come my days off from UK which were more than 90 days (ie 127 continous days out due to my company sending me out of uk for their work).
But I had to go out of UK again for a fact reason that my mother was seriously ill, I have got all the letters from the hospital to prove her sickness. I was out for 73 more days. Since last july, I got back in UK, I have not gone out but been working busy with the same company. Now I am planning to re apply my ILR but thru a solicitor and by post.
What do u reckon? Will the post application would be ok?
What kind of letter shall I ask my employee to make for me to support my application?
Thnaks a lot
Shaz

If the HO specifically made it a point to tell you to remain additional days because they found your stability lacking to give you ILR, leaving for 73 days just proves their point. Sorry that your mom was ill but why did you have to be away for so long. Were you shrewd enough and return to the UK within those 73 days or were these days altogether? Further what is now your total absence in the last 12 month period. You have other requirement to fulfill.

imur69er · Post by **imur69er** » Mon Dec 14, 2009 2:19 pm

i have got all other requirements complete, just these absences, i have genuine reasons and doctors medical letters for the reasons. after those continous 73 days out of uk, i have been in uk to upto date.
my total days would be 6 months and 17 days in this last year (out of which 4 months was due to company sending me for work abroad - i was getting paid in uk, and was send there for giving training to the companys international clients). i got letters from company stating this.

mrlookforward · Post by **mrlookforward** » Mon Dec 14, 2009 2:49 pm

Basically its not us people on the forum who need to be convinced, its the HO. I would again say that it would be best to get help from a an adviser specialising this kind of applications. If you try DIY, you are likely to fail.

fahadz1 · Post by **fahadz1** » Mon Dec 14, 2009 3:50 pm

imur69er wrote:first of all congratulations for all those who had a ilr success.
I had applied for ILR in april 2009. I got a descretion from HO and was asked to stay till sept and re apply for ILR as to over come my days off from UK which were more than 90 days (ie 127 continous days out due to my company sending me out of uk for their work).
But I had to go out of UK again for a fact reason that my mother was seriously ill, I have got all the letters from the hospital to prove her sickness. I was out for 73 more days. Since last july, I got back in UK, I have not gone out but been working busy with the same company. Now I am planning to re apply my ILR but thru a solicitor and by post.
What do u reckon? Will the post application would be ok?
What kind of letter shall I ask my employee to make for me to support my application?
Thnaks a lot
Shaz

hi shaz,

when HO said stay till sep 09 is your visa expired that time or you got visa till sep ? or HO gives you additional LTR till sep or so ?

they surely deduct the money for application so do you need to apply again and you will pay application fee again or not ?

please confirm.

imur69er · Post by **imur69er** » Mon Dec 14, 2009 9:19 pm

what is DIY?

mrlookforward · Post by **mrlookforward** » Mon Dec 14, 2009 9:40 pm

come on man, after living in Uk for a long time, you should know what DIY is.

Its DO-it-Yourself

imur69er · Post by **imur69er** » Tue Dec 15, 2009 12:18 pm

lol ... i m lacked in the slangs ...

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RE-applying for ILR

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