ILR refused

[naeed]

Hi
i was refused ILR(same day service) last august for out of country more than 6 months (maernity leave) not allowed to appeal as i got enough leave to remain till 2012(come under hsmp judicial review).
one of the solicitors advised me doing representation for not exercising proper discretion and another for fresh application with all the medical evidences which i couldnt submitt at first time
iam confused please some one could advise me.
Thank you
Regards

[geriatrix]

Were there any compelling compassionate / medical circumstances that you had to leave UK more more than 6 months or was it a voluntary decision to travel to home country for child birth (cultural factors)?

If the latter, then IMHO, the earlier decision to refuse was a correct one!


regards

[ilrdilemma]

Hi naeed, I thought the breaks in stay in UK are not relevant for ILR when applying from Tier 1 dependent. Are you Tier 1 main applicant or dependent ?
sushdmehta, please help, as you have already advised me before. Thanks

[lak3909]

naeed,

Were you outside UK for 6 months contineously suring your maternity leave?

[naeed]

yes exactly 6 months
thanks

[naeed]

thanks sushdmehta.

my next chance for ILR is in 2012 which iam short of 2 months so when i go for an FLR will i b judged with the conditions of Hsmp or Tier 1 general.
Initial leave granted in the year 2005.(Hsmp forum judicial review).

please reply

thanks.

[geriatrix]

thanks sushdmehta.

my next chance for ILR is in 2012 which iam short of 2 months so when i go for an FLR will i b judged with the conditions of Hsmp or Tier 1 general.
Initial leave granted in the year 2005.(Hsmp forum judicial review).

please reply

thanks.

Old HSMP conditions for extension.

Click for form and guidance. Do look up UKBA website for updated form & guidance close to the date of application in 2012.


regards

[naeed]

Hi sushdmehta

thanks a lot for that.

thank you.

[naeed]

Hi sushdmehta

and what could be the period for ILR 4 or 5 yrs?

thanks.

[geriatrix]

Initial leave granted in the year 2005.(Hsmp forum judicial review).

After 4 years of commencing your stay in the UK as HSMP migrant.


regards

[naeed]

Hi sushdmehta

going through my refusal letter i noticed that the secretary of state has taken in to account 5 yrs period instead of 4 yrs though i come under hsmp judicial review.

It says...

In view of the fact that you were absent from united kingdom in a single absence from 06dec 2007 to 01 june 2008, the secretary of state is not satisfied that you have spent a continuous period of 5 years in the united kingdom in this capacity.

Is this not to be ignored?

I spent less than 6 months out of u.k

Please advise accordingly.

Regards

[geriatrix]

Your absences in the 4 yr. period should not exceed 180 days in total and 90 days in a single time. Work related absences can be discounted when supported by employer letter.

Depending on when and how many days you were absent from UK in the 4 yr. qualifying period you can ascertain whether the decision to refuse ILR was correct or not.


regards

[Idea]

Hi
i was refused ILR(same day service) last august for out of country more than 6 months (maernity leave) not allowed to appeal as i got enough leave to remain till 2012(come under hsmp judicial review).
one of the solicitors advised me doing representation for not exercising proper discretion and another for fresh application with all the medical evidences which i couldnt submitt at first time
iam confused please some one could advise me.
Thank you
Regards

If you have the medical evidence - apply again through a good solicitor ....i know of a friend who had absences more than 3 mths around 5 i think...and it was not maternity leave in her case
when she contacted some immigration lawyers intial couple of them did not take the case but later she found a lawyer and was sucessful in getting ILR

[naeed]

Thanks IDEA for that, iam certainly looking for a good one and hope would find one soon.

Any way thanks again

Regards

[lak3909]

Hi Naeed,

I am on the similar boat. I am applying for ILR next week. will let you know what happens ..... Hope fully it may help..

[naeed]

Hi lak3909

thanks for that and best of luuck

thank you

Regards

[naeed]

Hi

i read somewhere here in this forum that one can reapply for Ilr once they makeup the time period out of country. Is that true.

Some one can please reply.

Thanks

Regards

[geriatrix]

Yes indeed. You may (re) apply the day you fulfil the requirements for settlement.


regards

[tangylemon]

does it mean making up for the period being away or the reset of the clock from zero and then fulfilling at the end of the requisite period

[geriatrix]

Making up for the period one has been absent from UK. As and when absences from UK fall within the allowed allowances (and other requirements being met), one may apply.


regards

[naeed]

Hi sushdmehta

i was out of country from 10 dec 2007 till 1 june 2008.

I was refused ILr on 4 aug 2009

As per my understanding iam eligible for Ilr on or before 1 june 2012(4 yrs Hsmp judicial review)

Please correct me if iam wrong.

Thanks

Regards

[geriatrix]

Hi sushdmehta

i was out of country from 10 dec 2007 till 1 june 2008.

I was refused ILr on 4 aug 2009

As per my understanding iam eligible for Ilr on or before 1 june 2012(4 yrs Hsmp judicial review)

Please correct me if iam wrong.

Thanks

Regards

Your absences in the 4 yr. period should not exceed 180 days in total and 90 days in a single time. Work related absences can be discounted when supported by employer letter.

Depending on when and how many days you were absent from UK in the 4 yr. qualifying period you can ascertain when you qualify for ILR, at the earliest.

regards