ILR refused

nuquernahil · Post by **nuquernahil** » Tue Jul 12, 2011 2:08 pm

hi! my wife had had her ILR application refused quite recently as she was on her maternity leave and had to visit her father who has terminal illness back home and the reason for the refusal was that she spent more than 90 days outside the UK.

Her Tier 2 Migrant visa expires on November 2011. and the letter from UKBA tells her that she is illegible for ILR application on 2016??? she started working here since 2005. its like shes starting from scratach again.

I am currently a holder of a ILR visa in the UK. is it possible for us to apply my other half as dependant visa to my current ILR instead of her applying for a tier 2 visa (previously the limited leave to remain visa) again and waiting for another 5 years which is a long time.

A sound advice would be appreciated. Thanks!

Post by **vinny** » Tue Jul 12, 2011 2:16 pm

She may switch to FLR(M).

nuquernahil · Post by **nuquernahil** » Tue Jul 12, 2011 2:23 pm

would that afftect her current job as she is tier 2 migrant and work in the NHS?

Post by **vinny** » Tue Jul 12, 2011 2:47 pm

After grant of FLR(M), she may work anywhere.

maximux79 · Post by **maximux79** » Wed Jul 13, 2011 12:47 pm

Hi, is your wife on Tier 2 dependent or tier 2 main applicant. if your wife is on dependent visa, then 90 days rule will not apply to her...

Cheers

nuquernahil wrote:hi! my wife had had her ILR application refused quite recently as she was on her maternity leave and had to visit her father who has terminal illness back home and the reason for the refusal was that she spent more than 90 days outside the UK.

Her Tier 2 Migrant visa expires on November 2011. and the letter from UKBA tells her that she is illegible for ILR application on 2016??? she started working here since 2005. its like shes starting from scratach again.

I am currently a holder of a ILR visa in the UK. is it possible for us to apply my other half as dependant visa to my current ILR instead of her applying for a tier 2 visa (previously the limited leave to remain visa) again and waiting for another 5 years which is a long time.

A sound advice would be appreciated. Thanks!

MPI · Post by **MPI** » Wed Jul 13, 2011 1:03 pm

hi , just wondering if you could have been eligible for discretion as this clearly is a case where dicretion applies.

did your wife stated in the application that she stayed for more than 90 days or is this just being discovered by case worker when checking entry and exit stamps?

thanks

nuquernahil · Post by **nuquernahil** » Thu Jul 14, 2011 12:38 pm

@MPI she did mention that she was on holiday for x no of days as it was stated in the section of her no. of absence in the UK

@maximus79 - she is a tier 2 applicant on her own accord.

As she is a tier 2 applicant on her own right is she illegible for FLR (M) or is it SET (M)? im confused now with the forms.

I can't believe UKBA decided for her to do the whole 5 year wait all over again with respect to UKBA she did send supporting documents that her leave of absence of more than 90 days was due to her father who has terminal illness but then UKBA seems to not care.

so we decided to take the FLR (M) as we have been together for some time now. i hope this wouldnt affect her application as she is due to expire this year.

nuquernahil · Post by **nuquernahil** » Thu Jul 14, 2011 12:43 pm

cheers for the reply vinny. we're looking at the FLR (M) now and it seems the path we will be taking and hopefully her recent rejection wouldn't affect the FLR (M) route that we're taking.

but the payment of PEO which is Â£1350 is down in the drain.. good bye Â£1350! very disappointed and saddened that the pack arrived two days before her birthday.

xyz123 · Post by **xyz123** » Thu Jul 14, 2011 3:20 pm

MPI wrote:hi , just wondering if you could have been eligible for discretion as this clearly is a case where dicretion applies.

hanks

Whats your basis for saying above>?

OP- You said your OH had to leave country for maternity leave and family illness. was she out of UK on two seperate occassions for long time? or was that combined?

Note that going home for maternity leave is under no way considered a reasonable reason for being outside for over 90 days. NHS is more than capable of dealing with complex cases and only exception would be if NHS gives you a letter saying one can not be treated within UK within required time....

RK1980 · Post by **RK1980** » Thu Jul 14, 2011 3:52 pm

Hi nuquernahil,

How many days they have taken to tell this decission?
If it is by PEO, do they tell the decission on the same day and give the docs back? if not how much time they take?

Best Regards,
RK1980

nuquernahil wrote:cheers for the reply vinny. we're looking at the FLR (M) now and it seems the path we will be taking and hopefully her recent rejection wouldn't affect the FLR (M) route that we're taking.

but the payment of PEO which is Â£1350 is down in the drain.. good bye Â£1350! very disappointed and saddened that the pack arrived two days before her birthday.

nuquernahil · Post by **nuquernahil** » Wed Jul 27, 2011 10:57 pm

Hi! Thanks for the quick replies.

Now with the FLR (M), we're married in our country last year before all this unfortunate events with her application. we do have the marriage license but we havent changed her surname to my surname. would that affect our chances? we also have correspondence covering a two year period.

nuquernahil · Post by **nuquernahil** » Wed Jul 27, 2011 11:04 pm

Note: She is still using her maiden name even though were married. Would that have a problem in FLR (M)?

Post by **vinny** » Thu Jul 28, 2011 2:13 am

Shouldn't be a problem.

adamboston · Post by **adamboston** » Thu Jul 28, 2011 9:41 am

nuquernahil wrote:Note: She is still using her maiden name even though were married. Would that have a problem in FLR (M)?

My wife uses her maiden name and we never had any problems when we extended our previous LTRs as husband and wife. It's woman prerogative to keep/use her maiden name.

nuquernahil · Post by **nuquernahil** » Sun Jul 31, 2011 9:43 pm

thanks for the reply guys.

@vinny - would it be worth making a cover letter and mentioning her recent refusal of her ILR in her new application for the FLR (M)?

xyz123 · Post by **xyz123** » Mon Aug 01, 2011 8:38 am

nuquernahil wrote:thanks for the reply guys.

@vinny - would it be worth making a cover letter and mentioning her recent refusal of her ILR in her new application for the FLR (M)?

I dont see a need to do that as long as she currently has a valid visa and also you are switching an eligible category. so dont bother with this in cover letter but not sure if the FLR(M) form itself asks for previous visa application history.

ranga_12345 · Post by **ranga_12345** » Mon Sep 26, 2011 10:00 pm

nuquernahil wrote:hi! my wife had had her ILR application refused quite recently as she was on her maternity leave and had to visit her father who has terminal illness back home and the reason for the refusal was that she spent more than 90 days outside the UK.

Her Tier 2 Migrant visa expires on November 2011. and the letter from UKBA tells her that she is illegible for ILR application on 2016??? she started working here since 2005. its like shes starting from scratach again.

I am currently a holder of a ILR visa in the UK. is it possible for us to apply my other half as dependant visa to my current ILR instead of her applying for a tier 2 visa (previously the limited leave to remain visa) again and waiting for another 5 years which is a long time.

A sound advice would be appreciated. Thanks!

Hi nuquernahil ,

My case is almost similar to your wife. I am due for ILR in Aug 2012 and currently under maternity leave. I am planning to go to my home town for a period of 60 days in Nov. I am in UK form 2006 and have been out of UK for 140 days. With my upcoming holiday plan number of days out uk will go to 200days at the time of applying for ILR.

Could you please let me know if your application was rejected being out of UK continuously for more than 90 days only ?

or

Your wife was out of UK also for more than 180 days in last five year?

Regards,
R

Regards,
R

Post by **geriatrix** » Tue Sep 27, 2011 9:29 am

nuquernahil wrote:hi! my wife had had her ILR application refused quite recently as she was on her maternity leave and had to visit her father who has terminal illness back home and the reason for the refusal was that she spent more than 90 days outside the UK.

khalidmirza · Post by **khalidmirza** » Tue Sep 27, 2011 2:02 pm

As Sushmehta said more than 90 days reset the clock. Equally staying more than 180 days in 5 years without genuine reason will create problem unless it is business trips. Absence for maternity needs is not a sufficiently genuine reason.

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