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But if his ILR was still valid he'd be classed as a returning resident? And they say he isn't. This is the paragraph the decision refers to:Dawie wrote:It sounds like that they are saying is that you still have ILR and therefore they cannot issue you with another visa as you do not require one as your ILR is still valid.
No. I think that the decision rejects that he is a returning resident, although the rejection should probably have been for failing 18(i). Using a double negative is confusing.Dawie wrote:It sounds like that they are saying is that you still have ILR and therefore they cannot issue you with another visa as you do not require one as your ILR is still valid.
qddp wrote:Under "The Decision." they state:
"--I acknowledge that you provided evidence to demonstrate that in September 2000 you were granted Indefinite Leave to Remain in the UK, and that you are now seeking entry again to the UK for the purpose of settlement. I note from your passport that on your last entry to the UK in May 2010, you were stamped as a visitor. I am therefore not satisfied that you have not been away for more than two years as is required under Paragraph 18(ii)."
"--I am aware that provisions exist for persons who have ties with the UK country which merit admission, even if they have not been resident in the UK for two years. In support of your application you have provided no evidence that you have maintained strong ties to the UK during your period of absence and having considered the circumstances of your case, I am not prepared to exercise discretion in your favour."
Surely be definition then, because the OP has not been away from the UK for more than 2 years he has still retained his ILR and therefore has no need to apply for entry clearance in the first place?vinny wrote:No. I think that the decision rejects that he is a returning resident. Using a double negative is confusing.Dawie wrote:It sounds like that they are saying is that you still have ILR and therefore they cannot issue you with another visa as you do not require one as your ILR is still valid.
qddp wrote:Under "The Decision." they state:
"--I acknowledge that you provided evidence to demonstrate that in September 2000 you were granted Indefinite Leave to Remain in the UK, and that you are now seeking entry again to the UK for the purpose of settlement. I note from your passport that on your last entry to the UK in May 2010, you were stamped as a visitor. I am therefore not satisfied that you have not been away for more than two years as is required under Paragraph 18(ii)."
"--I am aware that provisions exist for persons who have ties with the UK country which merit admission, even if they have not been resident in the UK for two years. In support of your application you have provided no evidence that you have maintained strong ties to the UK during your period of absence and having considered the circumstances of your case, I am not prepared to exercise discretion in your favour."
Did you supply any evidence about this?qddp wrote:On the 2nd point. What stronger evidence can there be of strong ties to the UK, than my entire family being British passport holders, 3 of my four children being born there, and they are all present in the UK at the time of applying? Further, my eldest son has been there in college for the past 2 years.
This is confusing - but my interpretation of the decision is this:Dawie wrote:Surely be definition then, because the OP has not been away from the UK for more than 2 years he has still retained his ILR and therefore has no need to apply for entry clearance in the first place?vinny wrote:No. I think that the decision rejects that he is a returning resident. Using a double negative is confusing.Dawie wrote:It sounds like that they are saying is that you still have ILR and therefore they cannot issue you with another visa as you do not require one as your ILR is still valid.
qddp wrote:Under "The Decision." they state:
"--I acknowledge that you provided evidence to demonstrate that in September 2000 you were granted Indefinite Leave to Remain in the UK, and that you are now seeking entry again to the UK for the purpose of settlement. I note from your passport that on your last entry to the UK in May 2010, you were stamped as a visitor. I am therefore not satisfied that you have not been away for more than two years as is required under Paragraph 18(ii)."
"--I am aware that provisions exist for persons who have ties with the UK country which merit admission, even if they have not been resident in the UK for two years. In support of your application you have provided no evidence that you have maintained strong ties to the UK during your period of absence and having considered the circumstances of your case, I am not prepared to exercise discretion in your favour."