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ilr refused! plz guide

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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guru2009
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Posts: 11
Joined: Mon Aug 09, 2010 1:18 pm

ilr refused! plz guide

Post by guru2009 » Tue Jan 25, 2011 3:21 pm

Hai guys!
My husband was on HsmpJR applied before 3 april 2006, we compeleted our 4 years time in Dec 2010.he is marketing consultant and was under contract with a company abroad according to the contract has to go there when his services needed.he has his visits which were work related as follows:
first trip 5 months
secnd trip 6 months
third trip 4 months
total days spent out of uk 450 days, as e applied with all the documents of prove in december peo corydon they said application is fine but need to make further checks.Today we recieved our documents with passports back and our application is refused :cry: .Letter stating tht secretry of state is not setisfied tht u have spent a continuios period of 5years.and we ill be iligable to apply in2014.
My questions are :

did they considerered our application under HSMP JR cause they did not mensioned HSMP JR in refusal letter?
as they hav alsomentiond tht they are stesfied tht we spent 5 years period as under jr we have to compelete 4 years lawful time.they shud state 4 years instead of 5 years if they were considering our application under under HSMP JR. :? pls help me tht can we send our apllication for a review?[/list]

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: ilr refused! plz guide

Post by xyz123 » Tue Jan 25, 2011 7:56 pm

guru2009 wrote:Hai guys!
My husband was on HsmpJR applied before 3 april 2006, we compeleted our 4 years time in Dec 2010.he is marketing consultant and was under contract with a company abroad according to the contract has to go there when his services needed.he has his visits which were work related as follows:
first trip 5 months
secnd trip 6 months
third trip 4 months
total days spent out of uk 450 days, as e applied with all the documents of prove in december peo corydon they said application is fine but need to make further checks.Today we recieved our documents with passports back and our application is refused :cry: .Letter stating tht secretry of state is not setisfied tht u have spent a continuios period of 5years.and we ill be iligable to apply in2014.
My questions are :

did they considerered our application under HSMP JR cause they did not mensioned HSMP JR in refusal letter?
as they hav alsomentiond tht they are stesfied tht we spent 5 years period as under jr we have to compelete 4 years lawful time.they shud state 4 years instead of 5 years if they were considering our application under under HSMP JR. :? pls help me tht can we send our apllication for a review?[/list]
Not sure if 4 and 5 years matter. The underlying reason for refusal is very long absences from UK which would still apply for continuous stay requirements whether they are 4 years or 5 years. according to home office his clock was reset in 2009 (presumably his last absence from UK). so 5 years from 2009 is 2014....

see a solicitor who would help with all queries. even though they are costly, i think in your case it would be advisable.

guru2009
Newly Registered
Posts: 11
Joined: Mon Aug 09, 2010 1:18 pm

Post by guru2009 » Tue Jan 25, 2011 9:02 pm

Thanx for ur advice. we are definately going to see the lawyer.But plz if u hav anyother good advise regarding my case plz do replay.

thanx

guru2009
Newly Registered
Posts: 11
Joined: Mon Aug 09, 2010 1:18 pm

Post by guru2009 » Tue Jan 25, 2011 9:08 pm

Plz write ur experince if any one else has also been in this situation plz share ur experience tht how did any one handeled this situation.

salina02
Member
Posts: 134
Joined: Sat Jul 03, 2010 11:23 pm

Post by salina02 » Wed Jan 26, 2011 9:45 am

Hi Guru2009,

Sorry to hear about your ILR rejection.

Just want to know few things:
When they rejected saying you will be elgible to apply ILR in 2014 did they extended your HSMP visa till 2014 or do you have to apply a fresh application for HSMP extension.

BR
S02

guru2009
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Posts: 11
Joined: Mon Aug 09, 2010 1:18 pm

Post by guru2009 » Wed Jan 26, 2011 11:15 am

Actually we alraedy hav valid visa till oct2011 so they have asked to apply for FLR before expiry of my visa.

salina02
Member
Posts: 134
Joined: Sat Jul 03, 2010 11:23 pm

Post by salina02 » Wed Jan 26, 2011 2:19 pm

guru2009 wrote:Actually we alraedy hav valid visa till oct2011 so they have asked to apply for FLR before expiry of my visa.
I am not sure what would have been the case if you would have applied within 28 days of expiry of your visa

option1: Extented your visa till 2014 in the same application fees as you applied for ILR.
option2: would have asked for new application form(FLR) with fees.

guru2009
Newly Registered
Posts: 11
Joined: Mon Aug 09, 2010 1:18 pm

Post by guru2009 » Wed Jan 26, 2011 5:09 pm

hay salina!
Thanx for showing ur concern,can you plz explain the second option in detail.I didnt get tht well!

salina02
Member
Posts: 134
Joined: Sat Jul 03, 2010 11:23 pm

Post by salina02 » Thu Jan 27, 2011 8:14 am

guru2009 wrote:hay salina!
Thanx for showing ur concern,can you plz explain the second option in detail.I didnt get tht well!
As they have rejected ILR so you lost the application fees for that, so for new application which would have been HSMP second extension they would have asked you to apply fresh application (with fees) in a short time.

dineshcv
Newly Registered
Posts: 21
Joined: Mon Dec 06, 2010 12:56 pm

Post by dineshcv » Fri Mar 18, 2011 9:12 pm

Guru,

Had you provided the employer letter for those absenses?

Regards,
DReddy

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